Kennedy v Low - Breach of Promise

My 3x Great Grandfather in Court

Bridget Berlinda Kennedy, also known as Berlinda or Belinda, was my 3x great grandmother, born in Ireland, to parents Mary McDonnell and Matthew Kennedy. Bridget arrived in Australia on 23 October 1833, on The Lady East with her parents. They travelled as unassisted passengers. Bridget was aged 16. Bridget was my 2x great grandmother, Ellen Virginia’s mother.

Breach of Promise Action

In October 1835, Berlinda brought a breach of promise action against James Lowe, Hobart, Tasmania. James Lowe was the son of George Lowe and Hanorah Ahern, who I have written about previously. It was stated during the court case that James Lowe didn’t appear in court, and he fled to Sydney after being served notice to appear. Both Berlinda and James were employed as servants in Hobart at the time of the court action.

from The Tasmanian, October 23, 1835, page 5 ¹
SUPREME COURT — CIVIL SIDE.
Tuesday, 13th October.

KENNEDY V LOWE²

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. Defendants visits were not clandestine; plaintiff had been in his services eighteen months. 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 – 200 pounds

*The child mentioned in this article was my 2x great grandmother, Ellen Virginia Lowe

Marriage

The couple must have patched up their differences, as they did marry in Hobart in February 1836. They had eight children and were together until separated by death.

Marriage³

23/50 Day Family History Blogging Challenge

1. 1835 'SUPREME COURT—CRIMINAL SIDE.', Colonial Times (Hobart, Tas. : 1828 - 1857), 13 October, p. 6. , viewed 28 May 2025, http://nla.gov.au/nla.news-article8648640

2. James Lowe was the son of convict, George Lowe, who I have written about previously.

3. MARRIAGE, Lowe James and Kennedy Bridget Berlinda, married at Hobart, Tasmania