Page
THE CHINA MAIL, WEDNESDAY, APRIL 9, 1958,
Would you want
to settle your son's future?
T
THIS is the story of the desperation of one small boy. It is also the story of the grief which could some day come to your children or to mine. It is the story of Jeremy, a "fair-haired boy of nearly.
thirteen.
This Sunday morning Jeremy will be playing in the grounds of a prep school.
You might not notice anything special about him. He is keen on football. He has
passion for model air-
21
planes. He is quick-witted
and bright in class.
But in one way at least
he is very different from the boys with whom he is playing.
Examine what the last few years have done to him.
During the war Jeremy's
father was killed on active
by PERCY HOWARD
made will. In it she which Jeremy's mother had appointed two close friends made was revoked by pre- us Jeremy's guardians in sumption of law. the event of her own death.
I will give them the fictitious
Jeremy was made a ward His future had
name of Mr and Mrs White, of court.
They loved the boy and in to be decided in Chancery, turn, were loved by him..
service. From that moment Having made the will, The decision
on there was one unspoken Jeremy's mother dismissed
but troubling thought nag-, the matter from her mind.
'ging at the back of the When some time later she MR and Mrs White
young widow's mind;
It was:
npplied
to court to be made his her remarried it seemed to
custodians. But so did Mr and that all her worries about Mrs Greene.
"What will happen to Jeremy if I die? Jeremy's future had been Who will look after him? groundless, The boy's future security seemed established, A
Anxiety
THERE was a special and additional reason for the young widow's anxiety. The widow had relatives whom I will call Mr and Mrs Greene. Jeremy disliked them intensely. Because of
that disilke his mother did not want them to have any thing to do with the boy's upbringing.
But it was not to be. few months later she and her new husband were kill-
ed in a crash.
Enough unhappiness, you might think, for a young mind to bear. But for Jeremy that was not all.
So far only fate had been against him. Now he came against the arid hazards of the law.
So, in order to prevent Let me explain. Because this ever happening, she of her remarriage the will
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The lawyers got busy pre- paring the case for court. lust, in a big, book-lined rooia overlooking the Strand, that equrt assembled. While Jeremy waited uutside in the cebolag
corridor stone
the Law Courts, the Judge decided that for the rest of his childhood the boy must be brought up by Mr and Mrs Greene.
The Press was not allowed in the judge's chambers where the
a
judge
case was settled. Even here to UNHEARD, UNSEEN
court-I have
avold contempt had to disguise Jeremy's real name and the real names of
the familles concerned.
But be sure of the Jeremy's
case is not exceptional. In its pattern, it followed the normal procedure for Chancery case,
LIN
on all disputes ouldde the scope of the Common Law.
Then the
King's power, in- cluding his feudal power over was his
ROUND-UP
Musicians Compete For Soviet Honours
E
MOSCOW.
IGHTY of the world's leading young musicians-89 planists and 30 viulinists-fram 23 countries compete in Moscow. for the Tchaikovsky prizes.
The eight best planets and eight best violinists are 200,000 roubles prize money, about £10,000 at the official rate. The first prizes are of 25,000 roubles each.
And some of the world's most famous older musicians alt
in judgment on the 18-mon jury for each instrument,
Dimitri Shostakovich, the famous Soviet composer and plantat, ir president of the organising committee. On the piano jury there org names like Emil Giles of the Soviet Union, Arthur Bliss of England, Marguerite Long of France, and Carlo Pecchi of Italy.
the Judging
violinists
David Oistrakh, Kogan, Khatchaturian of the Soviet Union, Phillp Nowman of England, Etrem Zimbalat of the United States, and Gioconda da Vito of Italy.
020
The
music
аты
There are two eliminating rounds to select the eight Analisis for each Instrument, in the first and second rounds the portlelpants play the equivalent of full concert programmes, including one full-length concerto.
must include selections from Tchaikovsky and other classical Russian composers, from the European classics, and modern composers, it possible from the entrant's own country.
Among the strongest contestants, according to Shostakovich, are a group of eight young musicians from the United States, almost all of whom have taken prizes at international contests. Bonn
DESPI
ESPITE repeated appeals by religious welfare organisations, 3,000 West German husbanda sill refuse to apply for the repatriation of their wives and families from Poland.
The spokesman of a Protestant welfare organisation in Bona said in an interview: "This is the biggest postwar humian problem the western world has ever had to face.
"The attitude of these reluctant husbands can only bo described as inhuman. We are petitioning West German Members of Parliament of all parties, urging them to introduce legislation to allow the husbands to be brought to trial and sent to prison. and comman Their behaviour is a crime against humanity decency."
The 3,000 reluctant husbands are former officers and men of Hiller's Wehrmacht und Luftwaffe and former Nazi officials who imposed an Iron rule on wartimo-occupied Poland,
They are men who managed to get back to Germany when the Russians drove westward.
Most of the wives and families of those former Hitter officers
beftini,
HIS FATE RESTS it minors, who paced on to the they lived in lavish married quarters at the time--were left
ON THE DECISION
Chancery judges,
And eventually the Chancery Bench became the ideal place OF JUST ONE MANE for those precise-minded judges who could determine the exact significance of a comma in disputed clause, who could op- ply precedenin and regulations with a mathematical certainty.
Let examine that proce- dure. Lel 18s imagine I Was 1 I
Wus your child whose future Why? I cannot suy.
The judge beint derided. LCL us say that can tell you, this
statements, without reached his decision without as in Jeremy's case, two married read their
sering or hearing them, ind ever saying a single word to couples sought to be his guar- should decide on the guardian for either the GreenER Or the flans-or if the court dreides white. He did not ever see the
to make him a ward of court the child by reading documents? bay. There was nothing in law his custodiosis. to compel him to do so.
Jeremy was appalled by the decision. The Greenes, no doubt, are due people Bat Jeremy's
dislike was as strong as ever.
Suspense
sworn
May not a willen statement, prepared by lawyers for the appleants, reflect the tart of the inger rather than the sincerity pt the applicant?
May not a forcé and dictatorial
Chief task
in
no drawback THAT was
former ages when children came into dispute. For the the custody of a child was get erally agreed-to-be something which could be settled as neatly as the ownership of a field or a Herd of cattle.
Was this dislike just the pass first applicants wear to applicant who the judge never setting out sees or hears by choosing a statement 21 Was it ing wism of a child?
of their case for being appointed. Lawyer skilled To camouflaging
But or unfavourable emotions, give a merely a young boy's
statement, lque? I do not think so. Be Th cause sooner than live with affidavit, is filed in court by the false Impremion to the judge? the Greenes, Jeremy eventually lawyers, fogether with affidavits who enn say ran away. He borrowed money from witnesses
their cas, from school felends and travelled something to help
from a reference 2 the length of England to join including -his-rienda-Mr and Mrs. While responsible person.
the
In Jeremy's mind, of course, his journey had settled business.
The other applicants make- anidavit in reply, and to us the first applicants are usually allowed to retuliate by a further
But not in the mind of the sworn statement. low.
The affidavits are examined It Was 1 few days before Christmas-cremy's Best Christy a master of the court, whose function in this case may be mus after his mother's death.
regarded as saving the judge Yet promptly the Greenes applied to the Chancery Court Pretiminary work and in getting to make Jeremy's friends send everything shipshape before the him back. Promptly the court, judge hears the case. without allowing Lime for appeals or explanations, ordered The Whites on pain of imprison- ment to give him up,
Is it any wonder that the young boy was baffled by the strange adult world in which he found himself so utterly alone
be
Such, to date, is the story of young Jeremy.
And yet, you may ask, can it the whole story? Has he really been treated like that? And, if so, why has the public beard nothing about it before? The explanation is simple.
The case of the dispute aver Jeremy was not reported to the public because the Press was not allowed to report it.
It is possible for one of the arrange for the applicants to other applicants, or their wit- nesses, to be personally
CROSS-
examined before the judge; but
sometimes they do not tuke advantage of this arrangement either because of reluctance to appear aggressive, or for some other reason. So far as the court is concerned, the applicants will neither be seen nor be heard.
has the low tuduy changed. Today, by statute, even tho Chancery judges have one guiding principle to do whatever is best for the child
That is a fine principle. But are the Chancery Judges the
"Tho added; The spokesman of the welfare organisation Communist government in Poland allows former West German nationals to leave the country, but only if application is made by,
their relatives living in West Germany. Despite our appeals, 3,000
husbands refuse to make such an application."
The plight of these abundoned wives and chlidren has been described by a few whose husbands applied for their return to
the west.
The wives and children who ane left behind are treated as outcasts. They can only obtain the lowest-paid employment in Polund.
Children still at school are treated with som by their classmates because they are GermaJI.
Moscow
WAS
THE Shrovetide
carnival, complete with pancakes, officially celebrated in Moscow this year for the first time neetho Revolution,
Tens of thousands of Muscovites swarmed into the new sporta stadium to see a gay comival programme including reindeer drawn elghs and motorbike races on ise. People queued up in **binal" the snow for lee eram to eat with the traditional
(pancakes).
The revival of the Shrovetide (official Russian winter). festival is part of Krushchev's plan to brighten up the liven of the Soviet peuple.
Many of the revellers wore masks and costumes for the gayest occasion since last summer's Youth Festival.
best men to put it into action? Colombo
Their
tusis is the inter-TWO British planters have asked the Ceylon Commerce Ministry to back their experiments with ten crystals which brew quickly.
chief quality is their sharp-edged power of legle. Their chief
of trust elouses and pretation arid bustness igreements.
Yet, when it comes to decid- ing the future of a child, im-
than logic.
Tongue-tied agination is often a better guide
COME of the Chancery judges
refuse to see the child, even The affidavits, attendances be if he is old enough to know his fore the master, and other mind and is waiting outside the formulities, may take several court room. months, up to perhaps u year. Meanwhile, the child is kept in suspense, wondering where his
home will be.
A Chancery Judge once said that his reason for never see the child was that he found they, were rather over-awed and
How much can the Judge tonguestled and he could get no learn from the affidavits? useful information from them. They are useful where a witness
It may be asked whether o has a plain and simple state judge, who is incapable of put- ment to make, one which can ing children at their ease,
be read by conveniently
the should be dealing with children without troubling the judge
at all. may live miles witness-who away from the court--to attend in person.
The kind of-man who-can expertly interpret a clause can- not always interpret the simple heart of a child.
Commerce Ministry, oMelals said the identity of the planters could not be disclosed ag no decision had been taken whether to go ahead with the project.
The sponsors claim that ten crystals can be made by using tender stalks instead of ten leaves.
Commerce Minister Mr R.G. Senayake sald tea crystals would create new markets.
secretary
A Commerce Ministry official said the taste of crystal toa was not as good as norinal grades of tea, but it would be cheaper.
But Mr Clarence Cooray,
of the Ceylon Tea Propaganda Board, laughed off the whole Idea. It would be im
tea in possible, he salch, for crystal tea to replace blended traditional markets Hike Britain.
What then should be done? Clearly the future of Wards in Chancery would be safer in the hands of the common-sense men who manage our Common Law Berne or who help in the children's
courts. Chancery should cease |
to deal with children altogether. THE trial opened here this week of London-born 11-year-old
For who can tell? Perhaps a chance accident, a skid on 1 wet rand, might put your boy into the same plight as young Jeremy.
Henry Werro, a Swiss national, who is accused of selling faked Stradivarius and Guarneri violina.
And then it might be that, for the disability of losing his Haw did Chancery ever parents, he might receive less come to be concerned with kindness and consideration than children?
if he had committed an ordinary Bul is IL right that the
crime. appliesnts for guardianship
In the early days of history ghould not speak to the judge or the work done in Chancery was CAN YOU REST CONTENT be examined by him? to right the work of the King himself WHEN THAT, SOME DAY, that the judge should merely sitting like Solomon in Judgment MIGHT HAPPEN?
He sold several instruments for sums up to £12,000, though they were worth only a few hundred pounds.
After Werro's arrest, police found à special type of varnish in his laboratory that aged the wood and gave the same textures as the lacquer used by Stradivarius over 200 years ago,
One "Stroc," sold by Werro for £0,800 and statext to have been made in 1703, had a "pedigree" listing its former owners,
Police say this certificate is a fake, and that the instrument was made in France in the 19th century—a long time after the death of Stradivarius.
The eppe, which has been in the hands of examining magistrates for five years, was adjourned-probably until next year for e panel of violin experts to be convened
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