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THE HONGKONG TELEGRAPH, SATURDAY, AUGUST 18, 1928.
BONN DIVORCE CASE.
JUDGE TOʻTRY SUITS
SEPARATELY.
CRITICISM OF A JUDGE.
MASTER OF. THE ROLLS AND LITIGANT.
In the Divorce Court on July 20,
The appeal by Mr. Thomas Lord Merrivale and a special jury Owen, of Sussex-street, Victoria, aut for a fourteenth day to hear the s.W., editor and proprietor of Bonn divorce case, and Sir Ellis The Matchmaker." from the vor- Hume-Williams, K.C., concluded his dict and judgment in favour of| apouch for Lady Bonn in the first the defendants in his libel action of the two cases before the court. against Odhams Press, Ltd., and
Lady Bonn petitioned for divorce from Sir Max Julius Phillp Bonn, Mr. S. A. Moseley, was dismissed and Sir Max cross-petitions for with costs by the Court of Ap divorce from Lady Bonn, and cites peal, consisting of the Master of Sir Ronald Waterhouse and Mr. the Rolla and Lords Justices San- Arthur Marcus Hanbury as parties, key and Russell..
All the parties deny the allega- tions made against them.
Mr.. Owen alleged that he had been libelled in articles written
His Lordship having summed up, by Mr. Moseley and published in "John Bull" The defendants the jury retired. After twenty
minutes absence they returned into pleaded that the words complain- Court, and the foreman said that fed of were trud in substanco and they ill agreed that Sir Max had fact.
not committed adultery on any of the occasions charged.
Sir Walter Schwabe (for Sir
Max Bonni-1 ask that the petition be dismlased.
The Preakdent asked counsel if they would agree to the discharge of the jury. Contrary to the wish of some of the parties," he said, "I have decided that the two cases must be tried separately.”
This was agreed to, and members of the jury were exempted from service for five years..
Lord Merrivale said that the question of costs might be dealt with next week. Bendded that Sir Max Bona's petition and such portion of Lady Bonn's petition ns related to the cross-charges would etan over until next term.
Summing Up..
Mr. Owen, who conducted his
Appeal in person, complained that
he had had an unfair trial.
Mr. Owen asked leave to cross- examine a witness.
The Master of the Rolls said that this could not be allowed.
Mr. Owen said that none of the articles written by Mr. Moseley, showed that his agency had re
ulted in evil to anybody. He was being interest, by
added that the case
watched with great the authorities,
The Master of the Rolls-We cannot have that, you know,
Mr. Owen-Commander Kon-
worthy said-
The Muster of the Rolls-We cannot have what Commander Kenworthy said. Please confine yourself to the argument of the; case.
-
Reflection on Judge,
Lord Merrivale had intimated that the questiona which he pro posed to leave to the jury on the present part of the enso were: (1) Whether Sir Max Bonn committed adultery with a woman or women Mr. Owen declared that there unknown at Maddox-girbet; (2) was an error in the Judge's notes. Whether Sir Max committed "I complain," he said, "that Mr. adultery with a woman or women Justice Avory made the error de- unknown at Conduit-street; (3) liberately."
Whether he committed adultery at
Rue, Lavoisiere, Paris; and (4) The Master of the Rolls (warm- Whether he committed adulteryy)-If you persist in saying that, you must sit down. And before
with Creile Benoist."
His Lordship said in his aum-you go on you must withdraw the ming up that the jury had heard remark. If that is the line you the history of the marriage of. Bir inke you will have to sit down. Max and Lady Bonn. "Starting Mr. Owen-Weil, errors were from September, 1920, when they made, but I withdraw the word were married, they lived a life, of "deliberately." pússionate affection until 1926 or The Master of the Rolls-If you the latter part of 1925. In 1927 introduce another, name or maku two holidays were taken by Lady Janother charge 1'shall make you Bonn abroad,
sil down. During Lady Bont's second
Without calling on Mr. Norman, absence, there was the resentment Birkett, K.C., for the respondents and alger which had bcen illustrated so abundantly in Court. their Lordships dismissed the That was in being from 1927, when appeal, with cosis. Lady Born
came
back from The Master of the Rolls suid Biarritz. There was no need to the learned Judge (Mr. Justice read the letter. They containest Avory) gave directions to the bitter passages.
jury which were as clear, as fair, That was the footing on which and as just as all that learned these people met on September 19. Judge's directions were, and
for inter- By October 10 It was apparent that could see no reasons
he
all possibility of amity had gone.fering with the verdict. The ap- It had been pretty clear a week be-peal must be dismissed with coats. fore. By then, it was certain, Lord Justices Sankey and Rus-
On October 16 there was a flam-sell concurred, and the appeal ing quarrel. The parties were not was dismissed with costs, as
n ordinary speaking terms, still stated.
less on terms of affection, before. Mr. Owen said that he would Sir Max in turn went to Paris. take the case to the House of Lords. There were notes given to the lady.
On September 29 watchers were
engaged, and on November 3 Lady"Is that all you have got to say to Bonn filed a petition alleging that Sir Max had committed adultery me? Smith, bring my shoes," and during his Paris visit,
"Paid Watchers,”
he walked out.
Like a Bird in a Cage,
The jury would see why Cecile Lard Merrivale next referred to Benoist and Marie Carosia were a conversation a few days later very material factors in the case, which Lady Bonn hud with Mr.
of There was no woman at Maddox-Philip Vos in the presence street ar Conduit-street, but the Mrs. Vos. She said to Mr. Vos, evidence only of paid watchers; no "Phil Max has been naughty." woman from Paris, where there Then she got wound up and began were said to be a number of women to talk about his whimis, about his in the house; ne observer outside refusal of an adequate allowance, either of the places except paid his refusal of the measure of free- watchers; no independent proof dom to which she was entitled, and that Sir Max was at 'efther of the she said that he treated her like a places.
bird in a cage. ¿ Dealing with the evidence of the A year and a quarter after Sir "paid watchers," the President snild Mux was said to have commenced that it was without precedent that this life, he wrote a letter to his this, petition résted on the evidence wife on the anniversary of their of twa sels of "pald watchers" and wedding: "It will be four years the doorkeeper.
to-morrow since the happy day, With regard to other witnesses, But it will be four times happier they must consider what sort of to-morrow. All my love and witness they were. The respondent thoughts will be with you. May we had come there with a multitude of live to add a nought to the four, his business friends, and the jury happy in each other's love-Max." must give attention to that. They The jury must ask themselves were intimate friends of Sir Max whether at that time Sir Max would Bonn-some of them business be likely to be "fortnightly or there friends, some of them his associates abouts," resorting to this place in They might easily be mistaken in the West End.
his favour. That was the sort of In spite of warnings from Messra, way in which the jury had got to Withers, a French detective told approach the case.
Ceelle Benoist in letters that if sho
Describing how the parties came gave what his "friends in London" to separate, Lord Merrivale Bald: wanted she would have "satisfac On September 18, when Lady Bonntion."
returned home, there had been none Lord Merrivale commenting on of the warm exchanges which she the visit to Paris and the evidence expected and hoped for. The pati- of the private detectives, told the tioner says this: "On the 18th Ijury that they must considèr arrived in London. He always met whether they were satisfied with me at the station, but Smith, the the evidence of the "paid watchers," butler, was there. I was rather and, if they were satisfied to die- surprised not to see him in the hall." regard the evidence of those busi- She then went into her study andness men who had been called to cor- he was sitting in an arm chairroborate the respondent's atato- reading a paper. He said. "Why are | ments.";
you so late?" and she told him she i On the conclusion of his Lord- had a bad crossing and the boat was ship's address the jury returned late, She goes on that he adid to her their verdict as stated above.
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