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The Lord, Chint Justice and Justices Darling, Avery, Shearinan, und Gever, sitting as a King's. Bench Divisional Court, recently, heard an appeal by Jean Stonehouse at Kate Smythe, who des
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A decision of the Marylebone Police Court Magistrate under Section 4 of the Vagrancy Act, "
Mr. J. P. Eddy, for the appellants, said the appeat again raised the ques tion whether a person could be convicted under that section of pretending or pros fessing to tell fortunes where there was no. Anding of intent to deceive and in- pose, and where the magistrate was un- able to say on the evidence whether the defendants believed in what they pro- fessed or not, The last time the ques tion was considered in that court there conflict of, judicial opinion. Section 4 of the Act read: "pretending or professing to tell fortunes or using any subtle craft, means, ör device, "by" pal-
istry or otherwise, to deceive and im pose upon any of his Majesty's sub- jects,"
WILM EX
CLOTHES AND SECOND STONT.
The appellants lived at Oppidan Road, Primrose Hill and both claimed to be spiritualists. The appellant Stonehouse had practised psychology. They claimed: that from .glove or other article worn by particular person they could determine the character, and possibly the future, of that individual. Twó policewomen, one married, visited Stone- bouse, They, thereinre, began their visit with plain deception. As a result of the visit the, nippellants were sampion-
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el at Marylebone Police Court. Stone THE EAST ASIATIC COMPANY LTD.,
COPENHAGEN,
house was summoned for pretending to tell fortunes with intent to deceive and impose on two of his Majesty's subjects, and Smythe was summoned for aiding THE Motorship
and abetting Stonehouse.
There were three hearings before the magistrate and both the appellants gave evidence, saying that they hopeatly be lieved what they practised. The magis trate directed the Stonehouse to be amended by striking summons against out "pretend" and substituting "pro Tess. Therefore, the view of the magis trate was that it was an offence to pro fess to tell fortunes, irrespective of thether there was intention to deccive to the case for the and impose of appellants was that the view of the magistrate
erroneous, aud that where there was no intention to deceive and impose there. was no offence. Stone- house, it had been stated, said that she could receive messages front the other side." and had comforted people who had contemplated kuicide. She foretold other people's futures by magnetism and second sight."
"PERU"
having arrived, Cousiquess of Cargo are hereby informed that all Goods are being landed and stored at their risk into the buzerduas
No Claims will be admitted after the Goods and/or extra hazardous Godowns of Holt'a Wharf
wirenca delivery may be obtained. have left the Godowns, and all Goods remain ngandelivered. after the 27th June, will be kabject to rent.
All broken, cbafed and damaged Goods are to eft in the Godowan, where they will be to be left
All Clains rust reach us before the 1st July, or they will not be recognized,
No Fine Insurance, will be affected Bill of Lading will be countersigned by
MANNERS & BACKBOUSE, LTD., Agents. Hongkong/Jaue 21st, 1941.
[1009
KONINKLIJKE PAKETVAART
MAATSCHAPPIJ.
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FROM SINGAPORE, PENANG AND RELAWAN DELI.
NOT FORTUNE TELLING, BUT GLAínvoŤaxét. She honestly believed that he could foresee other people's futures" and also see their past. It was not, she said, förtune" telling, but clairvoyancy. The magistrate said he could not tell whether the appellants believed.in what they pro fessed or not, but he held that there' had been intent on their part to make the women believe in their statements, THE Steamship whereby they would have been deceived! if they had believed them."
Air: Justice Avory remarked he did not know any sane person who believed in fortune telling,
The Lord Justice If you had the power to foretell the future you would be a millionaire in a month. Why should these people live in a wretched flat i
VAN CLOON,"
having arrived from the above ports, Con- signees of Cargo by her ne notified that all Goods are being landed at their risk into the Lazattions and/or extra-hunzaricos Gedowns of the Hongkong and Kowloon Wsif and Godown Co,
whence, and/or from the may be obtained.
wharers delivered wh
Hongkong PO Box 93
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they could tell fortunes? There is no will be subject to raus. by Jane 28th, 1921, PRINCE LINE FAR EAST SERVICE
Ali broken chafed and
a furtune-telling are to be left in the Ocdogen package's
sense in it.
Counsel referred to case in which Mr. Justice Channell held that profesing to tell fortunes implied fraud.
Mr. Justice Shenzman said he did not follow this reasoning. To profess Christ ianity was to declare oneself openly a Christian. To profess to tell fortunes would be to declare oneself a fortune- teller. To pretend was another thing;
For
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Bill of Lading will be countersigned by
JAVA-CHINA-JAPAN LIJN, Hongkong, June 21st, 1920
11008
Mr. Justice Darling:-Mind you, I don't believe a word of it, but I should not like to say that' everybody who does believe in these things is insane. Look at the Highlanders. Many of them were Mr. Justice Shearmaa: People have. highly educated, yet they believe that been told that if they paid sve guineas in some families there was an appari the spirit of Cardinal Manning, for in- tion whose appearance forecasted death. stance, could be produced.. Those people were not mad.
Mr. Eddy urged that if Parliament.
The Lord Chief Justice: There were had intended it to be an offence to tell epochs in the world's, history when people believed all sorts of things
Mr. Justice Greer: It seems impos. sible to propose anything so incredible that some people will not believe in it
Mr. Justice Avery thought that way no reason why the Legislature should not protect people from certain practices.
Mr. Eddy: Take the case of a phy aician who tells a patient that he has only six months to live. The patient goes on living, Lan't the doctor guilty!
fortunes they would have, nid so in the Act. ་་
The Lord Chief Justice: They have. (Laughter.) How could a person tell fortunek because, ha was paid half-as crown? What is palmistry
Mr. Justice Greer: Has it not some thing to do with finger prints?
Mr. Eddy explained that it was read- ing character from the lines of the hand. It was fortune-telling in another way.
Mr. Justice Avoty observed that.
of professing that which is not true? plenty of people offended against the
Mr. Justice Avory: The dusver is "No." (Laughter.)
"PSYCHICAL RESEARCH UNTOUCHED,
statute every day and were not prosent- fed
A PUBLIC MISCHIEV
to
Mr. Justice Darling: Do you say that The Lord Chief Justice, giving judg this. Act prevents the practice of payment, said he could not imagine any chical research ?.
out persons holding themselves Mr. Artemus Jones, K.C., who ap tell fortunes for money who did nut peared for the police, answered in the well know that they were deceiving the negative.
person whose futurs they were profes- Mr. Justice Darling Suppose & sing to tell. This fortune-telling," he person were to say: I will call the said by people like the appellants is Royal Society together and will tell the a public mischief. It imperils the happi- fortunes of the president, the secretary, ness and life of the community when or anybody else, to prove that I can tell practised on people weak enough to be the future. Would that be a thing that lieve what is told them." His Lordship should be stopped?
thought the conviction was right.
that palmistry, fortune telling, and all Mr. Justice Darling agreed, adding
sense that could not legally be practised, that sort of thing was fallacious non- whether believed in or not,
Mr. Artemus Jones: That would not 24 m 1 6 40m 4 488 31 be an instance of professional fortune
6 5 6351 0 telling 40 5 21 34 Mr.Justice Shearman:: Do you say that the word profess-means to do it for money? If people were found to be Mr. Justice Avory and Mr. Justice getting monoy mit of sham spiritualina Greer concurred. Rarely they would be guilty of practia Mr. Justice Shearman, who was of the ing a subtle craft for getting money, same opinion, remarked that the full
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Thur, 80 m 456
5
211 54 3,0
800.4
Mr. Artemus Jones remarked that Court had been called together to de! 48 10 94 trying to communicate with the unseer cide what was the true construction of 31744 10 11.9.47 world was a very different thing from the Act because there had been a con- humbugging persons by pretending to flict of opinion in the decision dealing 10:57.2 8 tell fortunes. DAMANSA
(Continued at foot of next columit:),
with the matter.
The appeal was dismissed with costs.
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