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LOCAL AND GENERAL.
Social Problems and the! „Ancient Wisdom" will be the sub- Eject of this week's Public Lecture of the Bongkong -Lodge, The Theosophical Society, 16, Queen's Road Central, on Wednesday, July 16. at 5:45 pm. ll are welspnie. ----Adyti..
Phone C. 1500..
"SOCIAL" AND PERSONAL..
The many friends of Mr. Frank Smyth will regret to hear that a cable was received in the Colony
FAMOUS CASE.
MRS. RUSSELL WINS HER APPEAL
HUSBAND'S EVIDENCE
INADMISSIBLE.
Access,
Court and the Act of 1869, allow-it will be necessary for you and ing, parties to proceedings in your friends to apply your minds consequence of adultery to give to the question whether or not it' evidence, have changed the rule is desired to argue whether there of evidence as to proof of non-la other evidence proper to be given of, the wife's adultery. If Polni Never Deelded. you desire to argue, that, we shall It appears that in the Divorce make arrangements for hearing House of Lords. The Earl of Court a practice has grown up of you and give time for the matter Birkenhead. Viscount Finlay,admitting such evidence by hus-to be disposed of before the Whit- and Lords Dunedin, Sumner, band and wife, to the extent of suntide recess. and Carson. The appeal of Mrs. Christabel Russell against the decree aisi granted to her husband, the Hon, John Hugo Russell, son and heir of Lord Ampthi, who alleged that he was not the father of her child. was allowed by the decisions of the majority of their lordships.
"Lards Birkenhead, Finlay, and Dunedin were in favour of the appeal being allowed, and Lorde Sumner and Carson dissented.
Lord Birkenhend, who delivered the leading judgment said that in its passage through the courts this
We have been referred to the practice of admitting the evidence
on
allowing proof by them as to Sir Edward Marshall Hall sug- absence at the material time. The gested that it would be a better admission of such evidence must course if their lordships allowed in many cases shorten tases and the appeal, and then as far as save expense. There is great their lordship were concerned pressure of business in the Divorce the matter would be disposed of. Court, a great many of the cases Then, if the matter were not set are undefended, and, in the cases down in a short time, Mrs. Russell in which a defence has been enter- could apply to have the petition ed, very commonly both parties dismissed. He hoped their, lord. are equally anxious to get a ships would take that course, as divorce. The point has never he thought it would be the least really been seriously considered expensive-the burden on the hus- and adjudicated upon.
band had been very heavy.
Their lordships ordered that Mrs. Russell, having failed on certain on Saturday to the effect that belong-fawn-out igation (the of the husband and wife in nullity issues--though succeeding is seriously ill at Hime, following case was first before the courts in suits, and in suits for cruelty as others should pay Mr. Russell's an operation.
1922) had been so much reduced between husband and wife. Such costs in respect of those in which that only one main issue, and that suits have no relevance to the pre-she failed. The appeal was then Capt. D. R. Wahl, returned from of law, survived. His impression sent question. In them there is allowed, the husband to pay the Manila by s.. "President Cleve-was that unless the evidence given no question of paternity, or of costs of the appeal apart from "At Coulombo. Mr. Justice Jaye land" yesterday morning. Pas-by the husband was in law receiv-bastardising issue. It is im- those referred to. wardene has dismissed the appeal sengers pussing through on the fable there, was no evidence of material with what object such Mr. Russell can, if he desires, of Mr. Charles Alfred Stanton, same vessel; include Mr. and Mrs. adultery to go to the jury. The evidence is given, but, unless thereupply for a new trial in the courts proprietor of the Stanton's Mid H. It Boyle, Mr, C. Bartholomew question, if he was right, which is a child, and the evidence is to below. way Shows.
in Darley Road Mr. and Mrs. S. W. Emery and their lordships had to decide was show that that child is not the Colonibo, who was charged with family. General Darwin A. Ulter whether or not by the law of Eng-child of the husband, the rule having run common gaming and Lieut. C. W. Shaeffer."
a
land evidence could be tendered by never comes into play at all. place. The Magistrate Mr.
a spouse and received by a court Mervyn Joseph, convicted the M. Yves du Chithiel, the new with the object of a possible result areased and imposada fine of Rs. 5 French Congul-General in Hong-of bastardising a child of the as the police had been shown the kong, arrived by the 8.8marriage.". sames before they wore started "Amazone," living embarked at He had formed the clear opinion and had not then objected to them. Djibouti. M. Talasne is to be Stanton's-Midway Shows, played transferred to. Shanghai... for a time in Kowloon last year,
TIENTSIN'S PLIGHT.
CONFERENCE HELD.
A telegram despatched from
It is admitted that evidence of
DESK CALENDAR..
We have received from The
non-access by husband or wife is Hongkong Small Investors Share. inadmissible in Peerage cases, in and Real Estate Co., 8 Des Voeux legitimacy cases, and in actions of Road (2nd floor), copies of a most ejectment for land. To what an useful desk calendar. We are that such evidence was not receiv-extraordinary state would the asked to mention that the company able that it ought not to have admission of this evidence in the will be pleased to Issue then to been allowed to go to the jury present case reduce the law of clients.or others. and that unless there was other England? The infant may be evidence proper to go to them the illegitimate for the purpose of verdict could not stand:
proving adultery; but legitimate for the purpose of succeeding to property or & title!
*Glaring Absurdity."
ม่
Legitimacy Secure. Lord Dunedin said:-
HABIT OF READING,
THREATENED BY MODERN CONDITIONS.
It may be said that such barm as can be done to the child is Royal Society of Literature, re- Viscount Grey, addressing the already done. His legitimacy in gretted that modern conditions law is secure, his legitimacy in the were putting the pleasure of eyes of the world has perished reading more and more to jeopardy. with the verdict. It is, indeed, a It was becoming more and more misfortune for him, if my view is difficult to acquire the habit of right, that the evidence was ever reading. First the penny post, admitted. even if we find it was then railways, mator.cars, the wrongly admitted.
telephone, wireless, and kinema were added distractions to them time that might be given to thoughtful people, taking from the pleasure of reading.
the
"A further disadvantage." he added, "is the great development | of picture papers, which are more and more diverting people not only from reading but from talk."
until the Government took mea-The following passengers left by "sures to suppress the "common the "Anchises":Mr. T. gaming."
Davis, Mrs. L. Zimmerman, Miss | A. Zakarian," Mr. and Mrs. Boise- Following upon his retire- vain. Mrs. T. M."Lamb and two Lord Birkenhead continued: If ment from the editorship of the children, for Singapore. For Mar-in an issue where the child him- "Malaya Tribune," Mr C. H.seilles, Mr. S. H. Ellis and Mr. and self is a party-a legitimacy pro- Stanley Jones, sailed for Home Mrs. C. D. Field were passengers.ceeding in the true sense it is on July 8 by the Suwa Maru," Those booking to London includ-against public policy to admit the accompanied by Mrs. Jones and Led:--Mr. E. O. Reis, Mr. and Mrs. evidence of a parent to prove the their son. Mr. Jones" joined the A. 1. Robinson and infant. Mes. bastardy of that child, why should Tribune" staff four and a half. Mathieson and infunt, Mr. C. an entirely different policy permit years ago, and has had the unique Kearsley. Mr. P. Smith and Mr. such evidence in the case where a experience of editing ir newspaper find Mrs. D. H. Hooper.
vital issue is still the legitimacy of "during his brs, agreement. Durg
the child, even though it be raised ing the mess of Mr. W. Arthur
for a different purpose and per- Wilson. he acted as editor, and
haps with secondary emphasis? after Mr. Wilson joined the
Nor ought we to shut our eyes If this evidence was wrongly "Malay Mail" at Kuala Lumpur
to the glaring absurdity in which admitted, the verdict goes, and he took over the editorship with
a different decision would involve whether the verdict, even on the much success. Mr. Jones was very!
the administration of this branch evidence. was right or not can popular with his fellow newspaper
of the law. This evidence, we are never be a concluded question." men, and will be missed by a large
told, is admissible in divorce: Lords Sumner and Carson, were circle of friends in Singapore. At
Tientsin to the "Daily Bulletin being therefore so received it of opinion that the evidence was an informal gathering at the
bastardises the child. But if and rightly admitted, and that Mrs. "Straits Times" office on July. 7 last night, reads:-
Chinese and foreign officials con- when the child, as in this case he Russell's appeal should conse- "a presentation was made to Mr.
certainly will do, becoming of age, quently be "dismissed." Lord Jones by the newspaper staffs of ferred this morning and agreed to applies for his writ in this House: Sumner said: Singapore, and the heartiest good repair the outer and inner dykes and proceedings follow. the evi- It is, of course, impossible not wishes were extended to Mr. and around the city
The Haiho Conservancy's engi- dence will not be admissible and to be very fully alive to the fact Mrs. Jones for the future. Mr. Jones will fake charge of a news- neer, M. Pincione, recommendsh will be pronounced legitimate. that this case excites and will con- Equally, of course, if the child tinue to excite warm feelings of paper in Northamptonshire, on his cutting the dyke of the Peiyunho. instituted proceedings to-morrow sympathy, commiseration, and
The "Peking and Tientain for a declaration of legitimacy we chivalry. Some will be on the side Passengers leaving by The "Daily Express" saya Times" asserts that this is the should be afforded the agreeable of the husband, more of the wife, "Siberia Mara" included Mr. and that Malcolm MacDonald, the only way of saving Tientsin, and prospect of holding judicially in most of the child. I recognise that Mrs. Ronald Smyth, M. and Mme. Prime Minister's second son, who advocates immediate cutting, and 1924 that the infant was illegiti- such sensibilities are respectable R. T. Tulasne, and Mr. L. Tobias. is taking an economic course at the placing of guards to prevent mate; and in 1925 that he was and deep, but they do not concern
the frightened legitimate. Oxford prior to entering, jour-attacks by natism, has been "gated" for the villagers, who can be removed to founded upon decisions binding legal right to have their married Nothing but absolute necessity, You cannot give the spouses the remainder of the team for a the city for safety. breach of the rules forbidding TheGerman Bund to-day was upon me, would drive me to a con- life investigated in open court. undergraduates to participate in absolutely cleared in order to build clusion so ludicrous and incon with a view to its formai and legal
gruous. I find here no such neces- termination, without being pre- ROYAL HONGKONG GOLF CLUB. -election meetings. Malcolm parti-a dyke if necessary.
Many firms have already remov. Bity. On the contrary, by adher-pared when necessary to violate cipated at a meeting at the Town Hall in support of Mr. Lindsay at ed their cargo to the upper storeys ing to an ancient rule of the high-the sanctity of that life. The lawWING to FLOODS both Fanling
est authority, in its natural and recognises this. ordinary,meaning, adding nothing
arrival at Home.
a recent by-election..
etc.
of their godowns.
Town Threatened.
the law,
1
#
Logical Solution. The Divorce Court sits that the An enquiry held by Mr. E. W. A Reuter message, received to it but giving full effect to the Hamilton at the Kowloon Magis from Tientsin last night, stated terms in which it has beer, exsecrets of married life may be tracy yesterday into the circum-that, according to the "Peking and pressed. I am able to avoid an divulged. Its decorum is pre- stances attending the death of an Tientsin Times," the city is inconsistency which would rightly served by those who preside and Indian constable who was found threatened with disastrous foods bring the law into disrepute: shot at Laichikok. after having owing to the heavy rains in the been missing from Shamshuipo hinterland. Police Station, was adjourned.
When three Chinese youths were charged at the Kowloon
It le estimated that the Hsinto
Decorum.
Lord Finlay said
It is not decent that husband or
those who practise in it, and is preserved with extraordinary suc- cess but to exclude a particular class of evidence when it is given
Alluding to poetry, he said it was essential that the habit of read- ing poetry should be acquired when people were young, because what we acquired when we were young
stood by us in after life........
TO-DAY'S ADVERTISEMENTS.
the
Courses are CLOSED until SATURDAY, 19th July, unless notification of earlier opening la published.
Hongkong, 15th July, 1924.
PUBLIC AUCTION
hare received instructions to sell by Public
WEDNESDAY, 18th July, 1924, commending at -11 a.m.
at their Sales Room, Daddell Street
is discharging 1,200 cubic metres wife should give evidence to bas by one person, and not when it is Undersigned of water per second, or twelve tardise the issue of the wife given by another, is a thing that Auction
during the marriage, however can only prejudice that decorum times the river's capacity. Magistracy yesterday with using Experts state that it is beyond itself. It cannot be admitted is being kept in the dark on a decorous the evidence might be in by making it plain that the court the wrong side of the roadway on the power of human agency to pre- irrespective of the fact that if it material part of the case, while their bicycles, all three pleaded vent the vast area flooding. Only were admitted it might run into making the sanctity of matri- 12 Bundles Sole Leather Backs that they were cutting across the drastic action can save Tientsin. road.
Pointing out the regula- It is recommended that the Fei- details of a positively indecent monial intercourse the subject of tions in regard to this, the Magis-yunho, dyke be cut, thus allowing character, such as were found in prurient curiosity and malicious 28 Oases Coloured Window Glaas. trate (Mr. Hamilton) imposed as the flood-waters to run to the sea fine of $2 each,
north and south of Tientsin. This action, however, would flood many villages.
Owing to the recent floods, both golf courses at Fanling will be closed until Saturday, unless otherwise notified.
AFLOAT AGAIN.
S.S."HALF-MOON."
TENNIS LEAGUE TABLE,
I DIVISION.
.P. W,
P.
K.C.C. U.S.R.C. LR:C.....
3 4 ,0
... 5
4
*
I
I
5
II DIVISION.
P. W.
The
P.
11 10
I
Q 3
..... 8.
8
0
4
I
8
.10
H
A cable from Colon states that | C.R.C. the 5.6. "Half-Moon" of American || H.K.G.C. zegister, bound from New York to University Batavia, which ran aground in the : | Panama Canal, hear Darien, has been got off. Yesterday's cable C.R.C. (B) announced that tugs had been] HKCC. sent from Colon to assist the C.R.G.(A) WCssol.
Tel 4542
+
LR.C. (A).. M: IRC. (B).
ROXOR
GÜVERTISEA
U.S.R.C..
İKCG (A) ......10
N.T.C..
University..
G. ile R..
K.C.C. (B). CCC. (A) C.C.C. (B),.
the present case.
gibes as before.
The rule has been recognised in To my mind, the only logical and a great variety of cases. There is no ground for the suggestion legal solution is to recognise what that it is confined to cases in which petition and a legitimacy issue are
is legally true, that a divorce- it is sought to establish legitimacy distinct, to apply the rule which or illegitimacy. It applies in every
is essentially a legitimacy rule. case in which, for any purpose. it when, but only when, courts have become necessary to determine
been wont to apply it before, and the question whether a child born to establish in a court, which of the wife during the marringe is.
exercises a distinct and statutory the child of the husband. The jurisdiction, the principle that all same rule applies to declarations relevant evidence is admissiblo on the subject of the paternity of unless it is, excluded by. Act of the child made by the husband or Parliament.
the wife out of court just as much
as to evidence given in court.
Lord Carson's View.
Lord Carson said he could find
It has been applied in many no rule of law which excluded the
10 cases; for example, in actions of husband's evidence to prove, his ejectment, when the title depended wife's adultery, and he was there.
And
Farm Cash on delivery.
Amationeers.
· LAMMERT BROS.
THE ETERNAL TRIANGLE
WITH A BRILLIANT ·
NEW TWIST
FORGIVE
AND
FORGET
THE STORY OF A WOMAN'S
MISTAKE
on the legitimacy of a particular fere of opinion that the verdict of With A Distinguished Cast Including
person in cases as to the parish the jury, which could not be chal-
of settlement of paupers, which lenged if the evidence was admis- might depend on a question as ta sible, should stand, and that this
3 5the legitimacy of an infant pauper appeal should be dismissed.
in Peerage cases, in which theat the conclusion of Lord Car right to the Peerage, depended on sen's judgmont Land Birkenhead, the question of the legitimacy of addressing Bir. Edward Marshal a child born of a married woman. Hail, K.C., for Mr. Russell, said
It is now suggested that the Having regard to the decision of establishment of the Divorce the majority of their lordships,
ESTELLE TAYLOR':
PAULINE GARON
·WYNDHAM 'STANDING..
THE PICTURE EVERYONE,
MUST SEE.
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TUESDAY " JULY 15 1924
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