[breach of promise of marriage - bastardy]

Kennedy v. Lowe

Supreme Court of Van Diemen's Land

Pedder C.J., 13 October 1835

Source: Tasmanian, 23 October 1835[1]

Before His Honor Chief Justice Pedder, and a Jury of four.

This was an action brought for a breach of promise of marriage by the plaintiff, Belinda Kennedy, against James Lowe, the defendant in this action.

Mr. Attorney General appeared for the plaintiff, who stated that the defendant had a short time since, he believed, gone to Sydney, although he had previously been served with notice of this action, and he had suffered judgment to go by default. After explaining the nature of the case, he called -

William Marks, who deposed, that he knew Belinda Kennedy, the plaintiff, and James Lowe, the defendant. Plaintiff was in the service of Mr. H. Bilton as housemaid. Witness was also in Mr. Bilton’s service. Defendant had been paying his addresses to plaintiff for twelve months before she left Mr. Bilton’s, which is about two months ago. He appeared to be very fond of her until within the last three months, when he did not appear to be so attentive. The last time witness had any conversation with defendant, he (witness) told him that as he had got the girl into trouble, he ought to get her out of it. Defendant made light of it, and said it was not the same here as in England, and they could not make him pay for the child. He said his father was going to set him up in business, and he would marry the girl in September, but he (witness) was not to tell her so, but to keep the secret. Defendant is twenty one, and the girl is 18. Thinks defendant is gone to Sydney.

Mr. Henry Bilton. - Knew of the courtship; defendant’s visits were not clandestine; plaintiff had been in his service eighteen months; she left about eighteen months ago, in consequence of her own wish. She was a very respectable girl, and the best servant he ever had for honesty, industry, and sobriety. Defendant lived with his father as a clerk.

Verdict for the plaintiff. - Damages £200.

Notes

[1] See also Courier, 16 October 1835.