1936-03-14 — Page 7

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THE HONGKONG TELEGRAPH. SATURDAY, MARCH 14,

WAR WIDOW LOSES BREACH OF PROMISE ACTION

The case in which a war widow sued a company director for breach of promise was concluded, recently, at Newcastle Assizes, when judgment was given for de- fendant, with costs.

..

The plaintiff was Mrs. Ethel Fisher (45), a war window, and the defendant was Herbert Cowper, stated to be the eldest son

of Mr. Cowper, of Stotea Hall, Jesmond, Newcastle.

The defendant denied any promise to marry Mrs. Fisher, who was stated to be 10 years his senior.

Both Mrs. Fisher and the defendant' gave evidence.

Mre. Fisher stated that had been known to them as Mrs. Cowper first proposed to hor Fisher's fiance, and he had never In 1924. During the next 10 years denied it. His attitudo during the they lived together at intervala. years they know each other was She agreed to his proposal, which that of a lover, and his letters bore | was repeated several times, but this out.

refused to marry him secretly, as He asked the jury to note that he wanted her to on account of his plaintiff's case did not include à father's attitude. In 1934 he re-mention of any illegal, operation. fused to keep his promise to marry. It had been introduced in cross- examination of her and her wit- Re-examined by Mr. Paley Scott, nessen, and it was difficult to Cowper said the payment for realise how she could benefit by any his keep during the time he lived suggestion of an alleged legal with Mrs. Fisher was not included operation. She was fighting the in certain payments he made to ease because she had lost her Mr. Fisher.

chances of happiness and rehabilit ation.

"Always Quarrolling"

Judge's Summing-Up

Mr. Justice Hilbery, summing-up.

Mrs. Dalay Harrison, a nicce of the plaintiff, cald that she lived with her at Whitley Bay and said that, had he himself had to. Bridlington from 1927 until October decide the case it would not have last. While they were at Whitley taken so long. He stressed that Bay she used often to see Cowper, the jury were not there as Judges and she knew his relationship with of, morals and conduct, but Mrs. Fisher. She never heard him Judges of fact. discuss marriage.

Mr. Scott-Were you aware of a quarrel which took place about the middle of 1032?

ад

Continuing, the Judge said that the promise of marriage relled upon for the action was alleged to have been made 12 years ago, when Mrs. Fisher was quarrelling with.n man with whom she had been living, Cowper new about this. Was it always for him to enter into a long engage- ment with her or was it for him

Mrs. Harrison-Well, there were

many. They were quarrelling.

30

quarrel

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which led to Mrs. Fisher golug to It was for the jury to decide. They

Do you remember the to take the place of the other man. RANGE OF GIANT TYRES seo a solicitor 7-Yes. That was had to use their own commonsense about June 1932.

As a result of that she moved

to Bridlington and you went with her 7-Yes.

At that time was she saying any- thing about marriage? She told me they were getting married as soon as Cowner, senior died. We all took it for granted.

Was there a threat for n breach

and experience.

CIANT HICH PRESSURE (Ribbed)

*{illustration to right)

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The Judge read out passages For Heavy Service Vehicles and Buses. from several of Cowper's letters to typo gives exceptionally long mileage, combine. Mrs. Fisher, and remarked that in with nonskid properties

several of them he asked her to act GIANT LOW & MEDIUM PRESSURE (Ribbed) up house again after they left Gulidford, where they had been living together.

of promise action?-Yes, I think Cowper in 1932. She was nine Mrs, Fisher had a quarrel with the case was starting then.

years older, and saw, if not the red During the years she lived atlight, at least the amber light. Bridlington was she on as good She went to n solicitor and terms with Cowper as she had been threatened an action. Cowper, to in the early years? Yes, they were put it not too bluntly, came to heet quite friendly, though there were and made it up, but later when she quarrels now and again.

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In further replies, Mrs. Harrison is again older, but so is he, and said that while Mrs. Fisher had this time he says "No"-80 she; fears about pregnancy in 1932, she comes to Court, received a letter from Cowper, in which he said, "Do what you can. but don't go too far."

"Legal Blackmail"

It was a remarkable thing, suid his Lordship, that a woman abould come to Court and say that a man has refused to marry her, and yet Mr. Paley Scott, addressing the say that on many occasions he lind jury, said that what they had to could have regularised their rela

offered to do so secretly, that she decide was not whether Cowper should have married Mrs. Flaher tionship at any time she liked, but after living with her as long as he had refused to do so.

did, but whether he promised to Mrs. Fisher had said that when marry her. He suggested that it was thought she was pregnant there was nothing in any of the Cowper said that if there was a evidence to bear out this allegation. baby ho would, marry her.

Referring to the suggestion of

"What a Man Would Do"

the Judge. "Wasn't that what a "Didn't that ring true?" asked

and were free, but if there was to man would do. They lived together

an illegal operation (which Cowper alleged Mrs. Fisher had claimed to: have undergone), Mr. Scott and "This was blackmail. Legal black- mail if you like, but Cowper did not believe in it and fought this netion. be baby they were not going to This action has been brought, not, because he has broken a promise to no baby, and so they had a Jollifica- mar an innocent life. There was marry, but because he would not tion. After the jollification she give that promise."

brings an action because he will

Counsel, suggested that Mrs.not marry her." Fisher had found that Cowper's

affections were straying and had little guide should be written for Mr. Justice Hilbery added:"A tried to make him marry her.

[young men warning them that they Mr. William Jardine, for Mrs. are not safe. from a breach of Fisher, and that despite the dis-promise action merely because they parity in their ages and experience. have not proposed to the woman. Mrs. Fisher was the object of She might have taken something Cowper's affections, and the attrac- they said as a proposal. She might, tlon was so violent and overpower-for instance, have Introduced him ing that she was the only woman to her mother as her fance, and he wanted.

he might not have liked to have said he was not.".

.

Counsel suggested that there had; been ample corroboration of the Judgment was given for Cowpor promise to marry and several wit-with costs, the foreman stating nesses had testified that Cowper that the decision was unanimous.

on in "Kest of Jays.”

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