Limerick Standard

16 August 1841

Breach of promise of marriage

Maryanne Agnes Campion v Barry Drew.
This case having been fixed upon for trial this day the most intense interest and anxiety were evinced by all parties to hear it. Owing to the excellent arrangements of Mr. Sheriff Dowman, the large public gallery of the Court was devoted to the exclusive accommodation of such ladies and their friends as were desirous of hearing the trial. It was to commence at nine o'clock, but long before that hour the Grand Jury Gallery presented a brilliant array of female beauty and fashion. The public gallery also began to fill rapidly, and by ten o'clock not a seat was without a fair occupant while many more were obliged to stand and occupy such positions as chance and the late hour of their arrival afforded.

Mr. Sergeant Greene entered the court shortly after nine o'clock, when the following jury were sworn:—
Edward Supple
Christopher Crofts
William Barry
Jer. Eugene M'Carthy
Daniel Leahy
John Molony
James Boyne
Thomas Gollock
George Saunders
Edward Barrett
Thomas Biggs. Ald
Thomas Herrick

By the time the jury were sworn, the court became thronged to excess, and every occupiable foot of ground within its walls had its tenant. The vicinity of the bench was also thronged by as many as the space would accommodate. Major—General L'Estrange provided with a seat beside the Judge.

Mr. Coppinger applied to have the witnesses at both a sides put out of court, which was done.

Mr. Atkins opened the pleadings. It was an action of assumpsit, for a breach of promise of marriage, in which Maryanne Agnes Campion, was plaintiff, and Barry Drew defendant. The declaration contained four counts, alleging a promise to marry by letter, and verbal statement and varied, only as to the time, place, and mode of, making. Damages were laid at £5,000. and the defendant pleaded the general issue.

Mr. Sergeant Jackson rose to state the case to the jury, and his appearance created instant and profound silence.— The learned Sergeant commenced speaking at half past nine, o'clock, and concluded, precisely at five minutes past twelve, having spoken two hours and thirty—five minutes. His address was a powerful and eloquent appeal. He dwelt with great force and energy upon some passages in the letters of the defendant, many of which, caused great laughter, as well as did the tone and manner of the learned Sergeant while commenting upon the last interview that took place at Mr. Gelston's house — the plaintiff's guardian — at which he (the defendant) made as the grounds upon which. he broke—off the engagement, what the learned Sergeant designated, some very ridiculous and frivolous charges, such as accusing the Plaintiff of having "pinched and tickled and boxed" defendant's maiden sister, who was on a visit at Mr. Gelston's, and to whom the learned Sergeant attributed the, blame of causing the defendant to break his engagement, upon the grounds, that should the marriage take place, she, and another old lady, a Widow Bowles, who lived in defendant's house, would have to quit. The acquaintance of the parties commenced in 1837, at the house of Dr. Drew, of Fermoy where the plaintiff was on a visit and where defendant first met her. — She was then very young, and defendant was smitten with her. She went to England, and returned in 1839, when he renewed his visits and attentions, and at length succeeded in winning the plaintiff's affections, made her an offer of marriage, which she, having reciprocated the attachment, accepted, and referred defendant to her Guardian, Mr. Gelston, to whom he (defendant) made a final proposal, and represented himself as residing at a place called Flower Hill, near Lismore, in the county of Waterford, and as possessing an income of fourteen or fifteen hundred a—year. His proposal was accepted, and the marriage settlement drawn up, by which defendant was to get plaintiff's ready money fortune (the amount of which was not stated), her landed property, and a policy of insurance, defendant settling upon her an annuity of £300, and leaving discretionary with him the manner in which he should settle her landed property on the issue of the marriage, should there be any. Defendant left home in January, 1841, whan a correspondence took place, and continued up to the 6th of April last, when it ceased by defendant writing plaintiff a letter, breathing as fervid and ardent attachment for plaintiff as any of the previous letters contained and at the expiration of a week after, during which interval. defendant and his sister and had gone home, he came to Cork, to Mr. Gelston's house, and there brought the charges against plaintiff which caused so much laughter one of which was, that the plaintiff in a playful mood, told defendant's sister that she used the word "ris," instead of rose, or risen; that she preferred a horizontal piano to an upright one, at which defendant's sister is stated to have taken offence, because, she had an upright piano at her brother's house, and upon hearing which, plaintiff immediately approved of upright pianos in general, because they were ornamental, &'c., all of which statements created roars of laughter, as well from the ridiculousness of them, as the peculiarly happy and jocose manner and tone in which the learned Sergeant pronounced them. The learned counsel those concluded a very powerful speech by appealing to the jury, as fathers, brothers, and men of honor to mark, not by remunerative, but exemplary damages, their sense of the grievous wrongs done his lovely and interesting but now pining, client, and sat down amid a buz of approbation.

Mr. Thomas Gelston examined by Mr. Collins Q.C. — I reside at Adelaide Place, near this city, I know Miss Campion, and am one of her guardians; I am acquainted with her temper, habits and disposition; her temper is excellent; she has resided in my house it for eight months at a time; in point of manners and conduct she is excellent; I know the defendant; I him on the 14th of February last at my house he made inquiry as to Miss Campion's. property, and he wanted to explain his property, to me, all for the purpose of a marriage taking place between him and Miss Campion I detailed her property—about £200 a—year and £2,000 in hands ; I think her property will, by reason of a rise in it, amount in a short time to £300 a—year; Mr. Drew represented his property thus: Flower—Hill and other parts; High Constable £150 a year; Agent to Mr. Bush at £100 a—year; bonds £480; a lien on other property of £150 a—year; two houses in Youghal at a profit rent of £20 a—year; interest on £1,000, £50 — making a total of £654; out of which there was head rent, £252; this was exclusive of the profit rents arising out of Flower—hill, which he did not mention; I met the defendant at Doctor Drew's house, at Fermoy on the following Tuesday. (The witness here read a memorandum from which to draw a marriage settlement, as given in the opening statement of Sergeant. Jackson). I handed a copy of this document to Miss. Drew on the same evening; Mr. Barry Drew told me that he considered himself the happiest man in the world in getting Miss Campion, she having rejected so many other offers. (Here the witness proved the handwriting of defendant to the several letters read by Sergeant Jackson.) The plaintiff came to my house on the 6th of March, and was soon after joined by the defendant; he was many days with us, and walked out often with Miss Campion; he spoke often of the young lady in a most rapturous manner, always congratulating himself in getting so talented and sweet a girl; she is a talented girl; at one time she was seriously impressed with religious feelings, and I never saw any thing upon her part to the contrary; I saw defendant, after an absence ill of eight or nine days, at my house on the 6th of April, upon which occasion he seemed much attached; they he were to be married on the Tuesday week after Easter. Upon that morning (April 6th), Mr. Drew said he wished to have a conversation with Miss Campion. He immediately took a paper, out of bits pocket, and appeared to he very much excited. I wouldn't know the paper. He stated more than is contained in the paper. He told Miss Campion that she had religion in her head and not in her heart; she replied she often talked at random; "you are like a good milch cow that gave a large quantity of milk, but at the end spilled it.", He said "I never heard miss Campion speak a good word of anyone." She asked, "of Mrs. Drew ?" — Yes; I never heard you speak kindly of Mrs. Drew; she (Mrs. Drew) said she couldn't live in Dr. Drew's, house without' being contaminated — that she (plaintiff) was bottle—holder to Mrs. Doctor Drew — that upon one occasion she (plaintiff) said in the course of conversation with Miss Drew "that I was a lie."

Mr. Bennett said it would be well, to explain here that the conversation now being detailed was taken from the paper produced by the defendant.

Witness — Miss Drew told Miss Campion that if she were to Judge of her uncle's (Dr. Drew's). house, by what she had heard of it, it was a rollicking, disreputable house; Miss Campion wished to he married by special license; but, upon being told of the expenses attending it, she dispensed with it; Mrs. Gelston and myself had left the parlour when Mr. Drew followed us into the hall. Mrs. G. said "you are not going to leave Miss Campion, or the orphan." I said "leave Mr. Drew to himself — perhaps it is a miff between them" Yes my good friend," said Mr. Drew, you are right." Oh said I, "let her (Miss Champion) " bite upon the bridle." Witness was about to explain what he meant by the phrase, when a discussion arose between Counsel upon the question of explanation.

A juror (Mr. Biggs) — It would be satisfactory to me that the expression was explained

Mr. Bennet — Let the juror ask any question he likes.

Juror — Pray explain

Witness — I said it, not that Miss Campion was in the wrong, but to allay Mr. Drew the occasion defendant taxed the plaintiff with having said she'd be a smart widow; upon which she said you'd make a smart widower". This conversation had occurred during one of their walks, and was repeated in the parlour. He also said she was the first person who had ever slapped him since he was a buy. She made no reply. He taxed her also with having said that his ancestors were very wicked. He charged her with having put her finger in the eye of a servant maid at Doctor Drew's, which she explained by saying that it was the hall door that had struck it — He next taxed her with having said that he was always figetty with his fingers; and again he taxed her with having used the word "what" in conversation when not applicable. He next said that several persons had wished him joy on the approaching marriage.

Was that one of the charges? — Yes, that was a charge.

Did he charge her with bad temper at any time? — I don't recollect, nor do I recollect any more "changes.'' She said she had often spoken at random— that she would take care not to do so again, and that they would both he good friends.

Do you recollect anything being said about a Miss Croker? — Yes, she told him she world ask Bess Croker whether what she had been charged with saying was a lie. This was in reference matter of dispute between witness and Mrs. Dr. Drew.

Here a discussion arose upon an application to read the written reply of the witness to the defendant, which Counsel for the plaintiff maintained was admissible, and those for the defendant contended to the contrary.

The Court took the document to, be admitted; it was a true copy of the letter written by witness to defendant

Mr. Collins — How did you send it to the defendant ? —Through the post ; I am not sure who put, it in the post—office; I know Mr. Jasper Grant; he came to my house in about ten days after I wrote the letter

Did you write defendant any other letter on the subject of your last interview with him? — I did not.

Cross—examined by Mr. Bennet Q.C. — Plaintiff's fortune in., land would be raised to £250 a—year by two policies of Insurance; the property of defendant consisted of a property at Flower Hill of £400 a—year, exclusive of his interest in Flower Hill; he had an agency, and he was High Constable; formed part of the sum I mentioned before; I live near Cork; plaintiff lives with me, except about six months that she was living at Mr. Drew's; at the end of that time she came to my house to he married there to defendant; it was for the, purpose of meeting defendant that I went to Dr. Drew's house; I was not on intimate terms with Dr. Drew's family; the persons who lived in my house in January. 1841, were my sister—in—law Miss Connolly, a governess; there was a difference at first about the marriage settlement, but it was finally settled; it was very shortly after the 6th March 1841, that defendant came to my house; he stopped three or four days, and the last visit he paid he stopped ten days; Miss Drew was not there at the first time defendant came; it was about the latter end of March that defendant came the second time; I can't say precisely on what day of the month he went away; plaintiff was in, my house at both visits of defendant when he Went away he left his sister in Cork at lodgings at Miss Heard's I think; his sister remained about a week after him I never saw her at my house but once during that time, but she had been there oftener; I can't say why she left Cork; defendant left Cork to take charge of Mr. Pierd's property of Carrigeen, by which he expected to make £200 a—year.

Mr. Bennett — Now here is this paper, and this passage occurs in it. "I hate that Mrs. Bowles, and I abominate her" — Did he read that for you? — He read passages from it for me; I heard him say that his sister told him that plaintiff said she had an objection to Mrs. Bowles living in the house of defendant; I did not hear plaintiff say that she would, put Mrs. Bowles out of the house.

Do you remember that while defendant was reading those passages to you the plaintiff burnt out laughing? I can't say.

Do you recollect defendant then saying, "This it no laughing matter ?" — I do not.

Did he say "that paper involved the happiness of their fate?" — He did.

Have you been telling the attorney here about the content of this letter? — I don's think I have

Were you not examined for the purpose of preparing briefs ? — I told him what I had to prove.

Did you take any copy of this? — No; I never saw it in defendant's hands; I don't recollect hearing plaintiff say anything, about a Mrs. Gumbleton; I don't recollect plaintiff using the word impertinent" connected with Mrs. Bowles's name; I heard that plaintiff said to Miss Drew that Mr. Bowles should make himself scarce in defendant's house; I think. defendant said, at the last interview that big sister told him that plaintiff said that to her; I heard no conversation about a Mrs. Power; defendant said he never heard plaintiff speak kindly of any one; and plaintiff said "did you ever hear me unkindly of any one?". and he said yes, defendant said that plaintiff was bottle—holder to Mrs. Drew.

Did plaintiff nay she "must" be married by a special licence? — Yes, she said that from the very commencement.

Did defendant say that plaintiff was in the habit of calling "nick names" What are they? — One of them was "Prinky." (laughter.)

Have you a piano? — I have.

Do you remember a M Miss Edmonston joining plaintiff in singing at your house? — I do.

Witness was under cross—examination when we went to press. — Cork Southern. Reporter.

(EXAMINATION OF MR. GELSTON CONTINUED FROM FOURTH PAGE)

Do you recollect a little buy being there? Yes my little grandchild. Do recollect anything said about pinching? Miss Drew said she pinched a little boy. Do you recollect anything about a decided part; I said a day or two after he proposed for her that he should take a decided part with her after marriage. What did Mr. Drew say? He said he could make her anything he wished and that he was delighted in having got her. On the 5th April he appeared excited? — Even beyond excited.

Juror — What made you think that he would come back again?

Witness — Because I did not think he could break off the marriage upon such frivolous grounds.

Several other witnesses were examined whose testimony was not important, and the plaintiff's case closed.

The following documents, chiefly letters from defendant to plaintiff were read by the learned Sergeant, in the course his opening statement:—

"In the event of a marriage taking place between Miss Campion and Mr. Drew, and that it its the Lord's will she had issue, Mr. Drew to receive and inherit the entire of. Miss Campion's property, bequeathing the landed portion thereof to such child or children as he (Mr. Drew) may consider most advisable settling on Miss Campion in lien thereof a jointure of £300 per annum; but should Miss Champion not have issue (or should have issue and they die) a jointure of £200 per annum besides her own landed property, with the power on Miss Campion's part to dispose of same (her own landed property) by will as she may think a proper, should she survive Mr. Drew, as she considers it would only be just on her part to leave it to her late uncle's children in place of strangers, as Miss Campion received said property from said children and her own mutual relatives, her late father, (their uncle) and grand father. Under any circumstances Mr. Drew to receive Miss Campion's ready money and insurance policies and have same at his own disposal.
"Approved,
"Barry Drew,"

"Thomas GELSTON on the part of, and for, Miss Campion."
"Flower Hill, 22d January 1841

"My very dear Agnes—As I left yesterday before Jane came down stairs, I feel right to write to her, and as she was not well that morning; I am anxious to learn how she is. This gives me an opportunity of writing for the first time to my sweetest, dearest love —(laughter)— and to assure her of the happiness that now glows within my breast, at the promise of being united to one who is everything the fondest heart could wish in this world, and this my, happiness is heightened when I am assured by you that the same feelings animate your sensitive heart. I shall now only pray to the Almighty to give us his blessing to the end, as I feel that I have received at his hand up to this moment.

"Now that I have led the way I shall expect, and feel greatly gratified by a few lines from you, in return; the messenger will remain in Fermoy this night, and will call on you in the morning. Catherine and Aunt Power are most anxious to go and see you, and will avail themselves of the first fine day; they desire their kindest love to you, with that of my dearest Agnes your's, sincerely attached,
"Barry Drew"

"I hope to see you in the middle of the week but cannot yet name the day. Tell the Doctor I brought a cart horse I heard of on my home yesterday, that I like much"

Addressed — " Miss Campion Dr. Drew's Fermoy"

"I cannot find words to express the pleasure I felt at receiving a note from my dearest love in reply to way first essay to love's offering, and it is so expressive of those sympathetic feelings so congenial to my own (laughter.)

"I thought it would not be in my power to go to you before the middle of the week but I am to unhappy at delay, I have arranged to be with you, please God, on Tuesday, to go to Youghal, on Friday, to Kilkenny on the following Wednesday and probably en route for Dublin. Catherine drove to Church to Macollop this day, for the first time. She hopes soon to see you."

[Gentlemen, the Catherine mentioned to this letter is the sister of Mr. Barry Drew — his senior, I believe in years, and a lady who has arrived at a steady period of life. She resides at her brother house —a person attending to his domestic concerns, and whose conduct in this affair it will be my duty by and by to direct your attention to.)

"Farewell, ever dearest love, and believe me, your's, sincerely attached. "Barry Drew

"Flower Hill. Sunday evening
"Addressed to Miss Campion."
Carlow. 6th February 1841, Saturday night,

My very dear Agnes — Here I am locked up in snow, I expected to have been in Dublin this evening. and to have gone to St. Patrick's and the College Chapel tomorrow, but am disappointed; to make up for this I will now take up my pen, and grant myself the indulgence — the happiness I should say — I now feel in writing to my dearest. sweetest love. (a laugh), to express to her the affection I feel — the admiration I entertain of her many amiabilities, and the possessions of her cultivated mind, and tho' I am your absent lover, I do assure you none of them are lost to my examination".

[Here is a tribute to all her good qualities — I say to all her amiabilities — to her possession of a cultivated mind, and none of these are lost in his estimation.]

"You have promised to write to me, and I am sure you will do it, freely and without reserve, the fond. feelings of your sensitive heart, and as I said, no eye shall see it beyond my own. Direct to the Imperial Hotel, Dublin, and When I receive it I shall be so happy."

"Dublin. 11th February, 1841. Thursday night
"You dear sweet wicked girl. (great laughter) how I do love you, (tremendous laughter) but you are so cruel, you disturb my rest by night and are in my thoughts by day, (loud laughter.) Ah well, what harm,' I suppose I must endure it all for the sake of my love."

"Sure your welcomed letter came safe to hand, which I read with delight; it is so replete with good feeling, good taste, and good sense, but above all, breathing forth that Christian spirit that I do feel convinced animates the breast of my charming little monitor" — and if by your advice and example, you can make your devoted lover as good as yourself, will it not be a result most happy? Now to business. I have the gratification to tell you, I succeeded this day in purchasing one of the nicest chariots to be had In Dublin, for dear little pet. I shall say no more about it at present, but that it is in every way the vary thing you expressed a wish for, and, should it turn out to please, I shall ask but for three kisses for it — (great laughter) — and then leave it to your own generosity to give me a fourth, (tremendous laughter) — that. is, if I behave myself as well as I have heretofore done; but if I should want a good character for this, I will refer you to Jane, who was pleased to say I conducted myself so well in this little affair. Pray give her my love; and say I never shall never forget her kindness throughout. I forgot to name her a in my letter to you from Carlow, a further proof of your cruelty in absorbing all my ideas. — (laughter). I intend to return home by to—morrow night's coach; if not by the Saturday Waterford day coach. I am very anxious to take two rival beauties of my wife. to he placed in the temple at Flower Hill, two very beautiful golden Pheasants. — (great laughter) — the cock is the most beautiful plumage bird I ever saw. I hope I may be able to transport them safe. All my friends here have been kind. When I called on the Dean, he begged I would dine and breakfast with him as long as I remained in town. whenever it answered my convenience to do so. I dined with him twice, and he had some of my Lismore friends to meet me, Butler, Gumbleton, and &c., I accompanied his ladies to a great Ball given by the Keatings where every thing was very flash, but I looked round the room in vain, and could see nothing to compare to my sweet Mary Agnes.

"Probably on my return home I shall have some little matters to attend to for a day or two, when I will write you a line to say when I will do myself the pleasure of going to see my fondest and fairest Agnes, and with kind love Jane, believe me your sincerely attached, Barry Drew

"I hope you will be able to read this.'

"My dearest love The inside seats in the Friday night's coach being pre—engaged, I did not arrive here until Sunday. I am all anxiety to see you after so long an absence I promised myself this pleasure on Thursday evening and am writing to Jane to give me an invite to dinner, when I hope to find her better, and you as well as when I left you. I find I cannot conveniently leave sooner, as I have some matters to dispose of before then, but please God on Thursday evening I shall have the happiness of greeting you with a kiss — (a laugh) — when I will tell you all about my proceedings since we parted. "Catherine has not returned home as yet — we expect her to—morrow. I suppose she will pay a visit to Corbas's. I will not add more as we shall so soon meet, so good night; I shall retire to bed and dream of you till morning. You are the heroine of my midnight dream, and I am your devoted lover. BD "Flower Hill Tuesday night, ten o'clock."

"Flower Hill March 5th 1841
"My Dearest Agnes — I returned from Waterford last evening. I would have written to you from thence according to promise, but that Catherine communicated to me that you could not leave Fermoy until this day."

"I hope you will not he on the road this day. as it is so wet and damp, and it is so, far from the coach office to, Mr. Gelston's, and it my dearly beloved should catch cold I should be so unhappy. I shall direct this to Adelaide—place. 1 wish I were there with it, and to accompany, you to church on Sunday; but, please God, Catherine and I will be there very soon — as soon as I dispose of some little matters I have on hands I am interested about, principally the planting an orchard of large trees I purchased on the other side of the river, and I am removing them to this place, and I am anxious to have it well done; but I must get over my job as quick at possible and repair to Cork to see my dear, dear girl. I fear I will not he able to start until the latter end of the coming week; Catherine just says she will try and get away sooner, as she has many little things to do there.

"I was very comfortable indeed at the Recorder's in Waterford. Mrs Hassard desires me say to you how pleased she will be to see you in her house there, by and by, Mrs. Davis also said the same.

"I shall now fondly look for a long letter from my dearest pretty Agnes, and tell me everything — how you left Jane, and how the amiable Doctor gets on — if your Christian spirit has inspired his breast with the milk of human kindness.

"I pray give my kind regards to Mr. Gelston and family and hope to hear from you that his son is recovering. Aunt Power are most anxious to go and see you, and will avail themselves of the first fine day; they desire their kindest love to you, with that of my dearest Agnes your's, sincerely attached,
"Barry Drew"

"I hope to see you in the middle of the week but cannot yet name the day. Tell the Doctor I brought a cart horse I heard of on my home yesterday, that I like much"

Addressed — "Miss Campion Dr. Drew's Fermoy"
"I cannot find words to express the pleasure I felt at receiving a note from my dearest love in reply to way first essay to love's offering, and it is so expressive of those sympathetic feelings so congenial to my own (laughter.)

"I thought it would not be in my power to go to you before the middle of the week but I am to unhappy at delay, I have arranged to be with you, please God, on Tuesday, to go to Youghal, on Friday, to Kilkenny on the following Wednesday and probably en route for Dublin. Catherine drove to Church to Macollop this day, for the first time. She hopes soon to see you."

[Gentlemen, the Catherine mentioned to this letter is the sister of Mr. Barry Drew — his senior, I believe in years, and a lady who has arrived at a steady period of life. She resides at her brother house —a person attending to his domestic concerns, and whose conduct in this affair it will be my duty by and by to direct your attention to.)

"Farewell, ever dearest love, and believe me, your's, sincerely attached.
"Barry Drew

"Flower Hill. Sunday evening
"Addressed to Miss Campion."
Carlow. 6th February 1841, Saturday night,

My very dear Agnes — Here I am locked up in snow, I expected to have been in Dublin this evening. and to have gone to St. Patrick's and the College Chapel tomorrow, but am disappointed; to make up for this I will now take up my pen, and grant myself the indulgence — the happiness I should say — I now feel in writing to my dearest. sweetest love. (a laugh), to express to her the affection I feel — the admiration I entertain of her many amiabilities, and the possessions of her cultivated mind, and tho' I am your absent lover, I do assure you none of them are lost to my examination".

[Here is a tribute to all her good qualities — I say to all her amiabilities — to her possession of a cultivated mind, and none of these are lost in his estimation.]

"You have promised to write to me, and I am sure you will do it, freely and without reserve, the fond. feelings of your sensitive heart, and as I said, no eye shall see it beyond my own. Direct to the Imperial Hotel, Dublin, and When I receive it I shall be so happy."

"Dublin. 11th February, 1841. Thursday night

"You dear sweet wicked girl. (great laughter) how I do love you, (tremendous laughter) but you are so cruel, you disturb my rest by night and are in my thoughts by day, (loud laughter.) Ah well, what harm,' I suppose I must endure it all for the sake of my love."

"Sure your welcomed letter came safe to hand, which I read with delight; it is so replete with good feeling, good taste, and good sense, but above all, breathing forth that Christian spirit that I do feel convinced animates the breast of my charming little monitor" — and if by your advice and example, you can make your devoted lover as good as yourself, will it not be a result most happy? Now to business. I have the gratification to tell you, I succeeded this day in purchasing one of the nicest chariots to be had In Dublin, for dear little pet. I shall say no more about it at present, but that it is in every way the vary thing you expressed a wish for, and, should it turn out to please, I shall ask but for three kisses for it — (great laughter) — and then leave it to your own generosity to give me a fourth, (tremendous laughter) — that. is, if I behave myself as well as I have heretofore done; but if I should want a good character for this, I will refer you to Jane, who was pleased to say I conducted myself so well in this little affair. Pray give her my love; and say I never shall never forget her kindness throughout. I forgot to name her a in my letter to you from Carlow, a further proof of your cruelty in absorbing all my ideas. — (laughter). I intend to return home by to—morrow night's coach; if not by the Saturday Waterford day coach. I am very anxious to take two rival beauties of my wife. to he placed in the temple at Flower Hill, two very beautiful golden Pheasants. — (great laughter) — the cock is the most beautiful plumage bird I ever saw. I hope I may be able to transport them safe. All my friends here have been kind. When I called on the Dean, he begged I would dine and breakfast with him as long as I remained in town. whenever it answered my convenience to do so. I dined with him twice, and he had some of my Lismore friends to meet me, Butler, Gumbleton, and &c., I accompanied his ladies to a great Ball given by the Keatings where every thing was very flash, but I looked round the room in vain, and could see nothing to compare to my sweet Mary Agnes.

"Probably on my return home I shall have some little matters to attend to for a day or two, when I will write you a line to say when I will do myself the pleasure of going to see my fondest and fairest Agnes, and with kind love Jane, believe me your sincerely attached, Barry Drew

"I hope you will be able to read this.'

"My dearest love The inside seats in the Friday night's coach being pre—engaged, I did not arrive here until Sunday. I am all anxiety to see you after so long an absence I promised myself this pleasure on Thursday evening and am writing to Jane to give me an invite to dinner, when I hope to find her better, and you as well as when I left you. I find I cannot conveniently leave sooner, as I have some matters to dispose of before then, but please God on Thursday evening I shall have the happiness of greeting you with a kiss — (a laugh) — when I will tell you all about my proceedings since we parted.

"Catherine has not returned home as yet — we expect her to—morrow. I suppose she will pay a visit to Corbas's. I will not add more as we shall so soon meet, so good night; I shall retire to bed and dream of you till morning. You are the heroine of my midnight dream, and I am your devoted lover. BD

"Flower Hill Tuesday night, ten o'clock."

"Flower Hill March 5th 1841

"My Dearest Agnes — I returned from Waterford last evening. I would have written to you from thence according to promise, but that Catherine communicated to me that you could not leave Fermoy until this day."

"I hope you will not he on the road this day. as it is so wet and damp, and it is so, far from the coach office to, Mr. Gelston's, and it my dearly beloved should catch cold I should be so unhappy. I shall direct this to Adelaide—place. I wish I were there with it, and to accompany, you to church on Sunday; but, please God, Catherine and I will be there very soon — as soon as I dispose of some little matters I have on hands I am interested about, principally the planting an orchard of large trees I purchased on the other side of the river, and I am removing them to this place, and I am anxious to have it well done; but I must get over my job as quick at possible and repair to Cork to see my dear, dear girl. I fear I will not he able to start until the latter end of the coming week; Catherine just says she will try and get away sooner, as she has many little things to do there.

"I was very comfortable indeed at the Recorder's in Waterford. Mrs Hassard desires me say to you how pleased she will be to see you in her house there, by and by, Mrs. Davis also said the same.

"I shall now fondly look for a long letter from my dearest pretty Agnes, and tell me everything — how you left Jane, and how the amiable Doctor gets on — if your Christian spirit has inspired his breast with the milk of human kindness.

"I pray give my kind regards to Mr. Gelston and family and hope to hear from you that his son is recovering. Aunt Power and Catherine desire their best love to you and believe me, any dearest love. Your's sincerely attached.

"Barry Drew

"Received 8th March
"Miss Campion,
"Thomas Gelston's Esq., Adelaide Place, Cork.
"Flower Hill, 7th April, 1841.

My dear Mr. Gelston — After seriously considering all that has passed, I feel called on to address you, as Miss Campion's guardian and best friend, on this painful subject, and in doing so, I hope you will see I am influenced by the highest principles of feeling and honour. I have maturely reflected on every circumstance that I have witnessed and heard, and I have come to the conclusion that a union with Miss Campion and would not be for the happiness of either. I do not again wish to recur to anything that has passed; but my most anxious wish is not to, wound Miss Campion's feelings. I have ever been accustomed to domestic happiness and family union and I feel, had I not a prospect of a continuance of such, I would not unite myself to any woman on earth; and this I am sure you will concur, as from what I have witnessed in your circle you know how to appreciate the blessings of harmony and family love. Under all those considerations, I am obliged to return to Miss Campion her letters and the papers she gave Mr. Peard. I have sent them under seal to the care of Miss Peard for me, and Miss Campion will he to good as to return mine at the he same time through the same channel. With best wishes for you and your circle, believe me, dear Mr. Gelston,

"Your's faithfully

"Barry Drew.

"Thomas Gelston Esq., Adelaide Place, Cork.'
Flower Hill, March 10, 1841.

"My Dearest Agnes —Your wished —for letter reacted me this day when I was out in the field with a number of men planting apple trees. I sat down on a big stone" —

(Great laughter.) This is very romantic gentlemen. If we had H. B. here he could make a very good sketch of it, as we have the original. (tremendous laughter.)

"and never felt happier in my life than in reading your sweet note to me. I kissed it, put it in my pocket and resumed my work, — (loud laughter) — and now that the day has closed I again take up my pen to communicate with my dear girl, and I am happy to feel that before the close of many days, please. God, 1 shall have the unspeakable joy of a nearer interview. I said in my last I hoped to be in Cork by the latter end of this week, but Catherine travels with me, and she now says that particular business will prevent her leaving before Monday, and in that case, go to Cork on Tuesday. I will try to pay Jane Drew a special visit before Sunday. I am very busy indeed in some works that require a more exact eye than the gardener's or steward's; should I not he able to go before Sunday, I will try and get there in time for church on Sunday and see her there. I take your hint as most kind, and I am sure I shall always profit by your sweet admonitions, and when they flow farm a genial heart, under the influence of a Christian spirit, the result must be happy. — I am glad to learn that Mr. Geslston's son is recovering — pray remember me kindly to them all; they are very good people."

"Daniel went into Fermoy on Saturday for my gig to see Jane Drew, and he said she was finely. He brought back word that you travelled up in good company, Captain Barry, Captain Collis, and your old flame Larry Corban —(great laughter) — the man that had the impudence to pay you attention, and not propose for you. I suppose you had a returnal with Captain Barry and Captain Collis is an old romp, so you must tell me all they said when we met."

"I have this day received a letter from Dublin to say your chariot has had my arms, &c.. put on,. and is ready to turn out. I do hope it will be the style of thing agreeable to your taste and wishes when you see it.

"The Hassards have commissioned me to take a furnished house for them in Lismore, if to he had for the summer; we will find it very pleasant if they do come. — They go to the sea side, or some place, every Summer. I think you will like them.

"It is now very late, and l will go to my bed and dream of my dear sweet love. Does she ever dream of me? She says, "she is very fond of me," and am I to think she is? I would not part with her affection for all the girls I have ever met. I see everything to admire and love its my sweet Agnes.

"God bless you, good night, your ever sincerely attached

"Barry Drew.

"I will write a line the before we start, as you desire. Excuse this hurried written scroll.

"Miss Campion, Thomas Gelston's Esq., Adelaide. Place, Cork.

"I expect to be In Dublin by two o'clock on Monday, or perhaps by the Cork Mail that passes through here at one o'clock this night. if I get an inside seat, but it has been full for the last two. I therefore had to take the day coach from Kilkenny through the county Wicklow this morning, and alter proceeding twenty miles on from this, we found the road beneath the Wicklow mountains blocked up in snow, and had to retreat here; it is to start by another route on Monday, and here I stick. I shall be very industrious when I am in Dublin, to get, if possible, a nice and suitable carriage to take my dear little treasure in, and hope I may succeed; but I have a great objection to buy anything that is not quite the thing — I will not remain in town probably more than three days, and hope soon after my return to the country, to have the unspeakable pleasure of kissing your sweet and chaste lip.

(loud laughter.) Then comes an allusion to some one who has pet name:— but —don't tell Prinkey that I am to Impudent a fellow.. I must now conclude *rid go to. bed as I am tired ;.so farewell my pretty, bonny Lassie, (great laughter) an, believe me, your sincerely attached.

"Barry Drew.

Addressed "Miss Campion, Dr. Drew's, Fermoy"
Copy of the document referred to on the cross—examination of Mr. Gelston:—

"Memorandum — On Tuesday the 24th of March. Miss C—— replied to Miss D——w in speaking to Mrs. B——'s accent, and saying it liked Miss C—— said, I hate that Mrs. B— and abominate her.' For what? She is a sharp tart lady; the cause she (Miss C——) assigned was, that she (Mrs. B——) liked and Mrs. G——; and Miss C—— said further 'it was great impertinence in Mrs. B—— to say to to her, and Mrs. B—— also said to her, the Dr. asked Mrs. B—— what would she think of Miss C—— for B. D—— ? Mrs. B——'s reply was, she was too smart a lady for us (this was on a previous occasion) when the Dr. said, speaking of Miss C——, that he called her the vixen fox, and she called him bruen the bear. Miss C—— then said, 'she thought it right to he candid, and that as soon as she (Miss C——) came to ——, she should make her company very scarce there;' she said further. 'she thought Miss D——'s own good sense would have pointed that out, and that now the sooner she left it the better.

"Tuesday — Miss D—— met Miss C—— returning from town, when Miss C—— remarked, 'why does Mrs. P—— leave F. H." Miss D—— said, 'it was always her intention to go to Miss H—— on B. D——'s being invited, when Miss C—— replied, Miss H—— was cunning enough to get her to live with me for what she should get by me'— After this, when on the coach at Miss B——'s, Miss D—— said, 'she would ask Miss C—— a question which was whether she desired that Mrs. B—— should he put out of F. H. before she came there;' to which she said, 'most certainly.' Miss D—— remarked,' — I will not promise you this as I know my brother will not consent to it.' Miss C—— answered them. 'I will not enter the house while she is in it.' Miss C—— turned round and asked Miss D—— 'pray, then do tell me if there was company in the house, or persons to dinner 'was Mrs.. B—— to he treated? was she to be considered one of the family? or if the carriage was going was that Mrs. B—— to get a seat in it, and be taken out visiting?' Miss C—— then asked, 'how does Mrs. B—— spend her time in the house, and if I was not to attend to the housekeeping, what was she to be kept there for, Mrs.D., &c.? If she did not do it, she would find one her own, and get Miss Graham. After this, Miss C—— remarked to Miss D—— that she did not know the world — was not accustomed to society; Miss D—— replied, 'she felt she knew as much of the world, and saw as good society, if not better, than she (Miss C.) did; and if Miss D—— were to judge by what, she heard about her uncle's house by what she was told by a gentleman (Dr. D——) it was a re row rollicking house, and a disreputable house to he in.' After a little, Miss C—— said, 'she would consent to Mrs. B—— remaining in house, and see how she would get on for six weeks;' when Miss D. replied 'no, she won't, as she (Miss C——) wanted to have the house, she could. and that she should have.' So Miss D—— then said; from what had occurred, that she did not think she could bring herself to go to her wedding, and that she would give her up the keys of her house when she entered it;' to which Miss C. replied 'the world was wide, and she could choose her home where she liked, and she supposed that she Miss D——, would draw what she had a right to, and she Miss C——, could live without it.

Defence

Mr. Coppinger — My Lord, there are four counts; first to marry generally; secondly, when requested; thirdly, on a particular day; and fourthly, within a reasonable time; and we leave it on your, lordship's notes that Mr. Gelston, the agent sent to Mr. Drew to know his decision as to marrying, and that is given in evidence in the nature of a demand and refusal, but we have Mr. Drew sending up to Miss Campion, and she insisting not to marry unless an apology was made. Therefore I submit that the party here is not entitled to recover on any of the counts.

Court — That is, if he had given an apology, that she would have forgotten all that unhappily occurred. I do not apprehend that there Is any evidence of a refusal to marry, or any request Mode by the defendant.

Mr. Coppinger — We require you, my Lord, to put our objection on your notes.

Court — I will, and I certainty reuse to nonsuit the plaintiff. I must leave the case to the jury from first to last.

Mr. Collins — My Lord, we have no objection to your taking a note of anything they offer.

Mr. Bennett, Q.C., addressed the Court in a long and eloquent speech for the defence Miss Drew sister of the plaintif was examined at great length, and Mr. Collins, Q.C., having replied.

The jury retired, and after half an hour's absence returned into court with a verdict for the plaintiff of FIFTEEN HUNDRED POUNDS DAMAGES, AND SIX PENCE COSTS. The announcement of the verdict was received with a loud buzz of by as crowded Court as had been congregated together for a long time.


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