THE HONGKONG DAILY PRIES, TUESDAY, JANUARY 17TH, 1912.
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A DIVORCE TANGLE. CURIOUS SITUATION CAUSED BY APPEAL COURT DECISION.
A very puzzling and for the perious most directly, concerned very axions and distressing situation has been created by a decision in the Court of Appeal Inst week (says The Daily Telegraph of Decem- 8th.) But for the publio it will have the effect of coupelling the law to settle a legal problem which, though occasionally raised indirectly, has never been pressed to a final issue. The ease concerns the honour of one woman and the status of another, and the matter now stands in such an anomalous position that an early decision is imperative. Everyone will re- member in what tragis origins this case began the shooting of Major Seten by. Lieut.-Colonel Rutherford, and the vers dict of the jury that Rutherford was guilty of murder, and insane. He was thereupon sent to Broadmoor Criminal Lunatic Asylum, but his unfortunate wife, according to the law of the land so far as that crime was concerned, re- mained tied to him for life.
During the summer, however. Mrs. Rutherford brought an action of divorce against her husband and cited as co-respondent his cousin, Miss Riichardson, who was in the habit of staying no their house. Nor was adultery charged against any other per The charge was denied, but the Court found in favour of the wife, and na she had no difficulty in showing clear evidence of cruelty, a decree nisi wag awarded. Miss Richardson, however, ap pealed against the verdict on the ground that it was not justified by the evidence, and the Court of Appeal has just given judgment in her favour. The Master of the Ralla, in reviewing the contradictory evidence, found that adultery was not committed on the occasion in question,
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and therefore Miss Richardson's charze JAPANESE PANS AND FAN WARNING!
MOUNTS.
A valuable collection of Japanese fans and fan mounts has been loaned to the Royal Scottish Museum, Edinburgh, by lieut. Col. L. Q., B. Messel, 0.B.E., and the following is the introduction to an article, on the exhibition by W.O.W. in
tar was "cleared and ber honour estab- lished by the Court of Appeal. But ap-" parently it does not necessarily follow from this that the decrée nisi already obtained by Mrs. Rutherford is over thrown. Such, indeed, would be the natural conchision of those untrained in the Jaw, for usually when the Court of Appeal upholds an appeal the decision! against which the appeal is lodged is ipaoe Scotzotan
The 1758 of the fan in Japan, where foto apert in cases of divorce, however, there is no such certainty, and the Conr this object is of much greater importance and performa a far wider variety of of Appeal will have now to decide what functions than in Europe, is referable to the effect of its own decision actually a period as remote as the eth century apon the divorce granted to Mr. of our ets. With the Japanese the fan Rutherford. It seems almost incredible is not, as it is with us, a mere feminine that this point should never have been toy, but is an indispensable adjunct to decided before, but such is the fact; and the costume of both sexes. It is the prac so, as matters now stand, it is uncertain tice among the men and women of all whether Mrs. Butherford is entitled to grades. of society to possess, so their the benefit of the decision in the lower birth-right, one or more fans, which vary court or not. If it is held that she is, in design according to their profession or then the law will solemnly declare that station in life, while succesive genera- while Colonel Rutherford committed tons have handed down a
striot code of adultery with Miss Richardson, Him rules regulating the uses to which each Richardson did not commit adultery with type of fan is to be pat Colonel Rutherford. To the simple this The earliest known representation of fay botim foolishness, because impossible fan in use as a personal requiremeng is But, as a correspondent points out in north are a King of Egypt
walla of "the 18th Dynasty tomh article which w juluish in another column, the Courts always ask two ques shown surrounded by his fac bearera tions in divorce cases; first, whether the Holy Scripture the fan is always respondent committed adultery with the mentioned as an instrument in connec
tion with winnowing, and as such co-respondent, and, second, whether the co-respondent committed adultery with always held sacred by the nations of the respondent, the reason being that of bellows, it was used by the priestesses Batiquity. As performing tão functiont evidence admissible against the one of is to kindle the sacred flames of not always admissible against the other their altars, and in Japan to-day it whose guilt or innocence must be estabserves a similar purpose in a domestic lished on the direct testimony. The law [therefore," is only showing its meticulous
anxiety that no injustice shall be done sisted of dried palm leaves or of radias The earliest type of fan generally con Nevertheless, in the present case, a situa-ing feathers attached to a wooden handle tion may be created which the public These were always soven in number, cor- conscience will scarcely had tolerable responding to the seven stars forming For if the Court's decision on the point of law is that Mrs. Rutherford's decree remains unaffected, then it will be said that the law upholds an impossibility: while if Mrs. Rutherford is deprived of her decree it will assuredly be felt that she has been most cruelly dealt with. But in the latter event she will excite sympathy because she is condemned by the present Divorce Laws to be bound for life to a husband who has been found guilty of murder and certified insane.
No one can fail to observe that if murder or insanity-not to speak of both together-were a legal ground of divorce, Mrs. Ratherford might have been legally freed from her husband without raising the issue of adultery, at all. No charge Though to the Chinose is probably due need then have been brought against the credit of being the first to apply. Miss Richardson, and that lady would pictorial and caligraphic decoration to have been spared the painful ordeal of the surface of the fan, it must be acknow two pablic examinations into hon charne ledged that the Japanese have devised the tor, while Mrs. Rutherford could have most ingenious and suitable form of the obtained the freedom which is her due object, and have lavished upon it the without dragging forud far better have greatest ranement of artistic exprene
into the public greatest
of "design and the
capacity.
the constellation known as the "Great Bear" or the "Plough." The folding paper fan, with which we are most fami liar, is held to have been invented by the Japanese ag early as the 7th century, and its mechanism is supposed to have been derived from that of a bat's wing. As against this, it may be claimed that a similar type, though possibly a rigid form of it, figures on Assyrian and Phoenician monuments, while the disposi tion of the young leaves of the palm tree previous to their opening out may quite possibly have bean its prototype. How ever this may be, the folding fan during the Ming Dynasty found its way to Italy and France, and finally to other parts of Europe
ion."
been left in unsuspected obscurity. The legal point, of course, is very interesting.. That sich
care and attention should be as such points always are, and the famous bestowed upon the fan is scaresly to be Crawford case of thirty-five years ago wondered at when we consider that with to which this bears, some points of resem. the Japanese this object is held to be blanco-is likely to be resuscitated while the emblem of life-the rivet being ro- it is being decided, and has, indeed, garded as the point from which the path already been mentioned in the Appeal of life, like-the sticks when the fan is Court. But what is really much more expanded, opens out towards a glorious important is the bigger question, which may be put thus Why should & woman who has had to suffer as Mrs. Butherford has suffered be obliged to prove her hus band an adulterer before she can get her marriage dissolved, when the law has just
variably selected as the most appropriate future
For this reason the fan is in- wedding and Now Year's gift, and one which is always offered to a male child at his birth, and on majority.
attaining his The
7+
declared him insane and a murdered the purposes of classification, be reduced many varieties of the fan may, for Are the latter causes not adequate? Is to two principal types the not the crime of murder a more potent rigid fan, known as the uchiwa, intro- round" or reason for dissolving the martial tie duced into Japan by the Chinese, and the even than that of adultery combined with ribbod closing fan the ogs or sensu. cruelty, especially as oruelty is now inter- The ogi spears under two diferent, forms, preted in the Courts! To ask these ques both familiar to the Western world. In tions surely is to answer them, and this the one the ribs of good or other material case ought to help in hastening certain are held together, by a silk thread and long overdue Divorce Law reformas Who, by a rivet below. In the other, the ribs.
Agents for Hongkong & South China it may be asked, would have been offendechnically known as sticks, are reduced
Messrs. CARTERS.
14. Chater Bond,
ed had Mrs Rutherford been able to to slender rods, which act as a support secure her divorce almost automatically to a semi-circular piece of paper or milk, when her husband was adjudged a indicated for convenience in closing. murderer and Insane 1 What moral law has been avenged, what lofty purpose served, what conscience satisfied, by drag. ging Miss Richardson, into the Courts and making Mrs. Rutherford's 'treedom" de HONGKONG pend upon another lady's lows of good name, or how that hon good name is restored to her by the Court of Appeal- upon the law committing fall to the enunciation of an absurdity which cannot but excite ridicula and derision ↑
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HONGKONG ETRGIOLOGICAL
REGISTER
Hầu thang” Obfervábory) January 16th.
Pravlomi On Eater Dr Dado
29.90 29.39 99 BR
Tem
Hamid Wind Direction
Faroo
0.03
WORKBOT.AM -Bain
114
0.00 1.03
Highest open-air Temperstars on 15täi ... Lowest open-air Temperature on 16th ... 6 HONGKONG TIDE TABLE,
DATE
люд
• From 17th to 23rd January, 1928.
HIGH WATER,
Erkong
Standard
Tixie.
Holght,
LOW WATER
-Blong
Standard
Time.
1. In
Tues 17 m 0 35 a
Wed 18 jm 0:14
Ther. 19m 1-18 16.4
20 m 36 "s" am"
Fri.
Bater 21
4847 ]m 9 1
4.29 a 58
Son 22
Fright
2 8