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1
1936.
TEA PARTY TALK COST AIR MARSHAL AND WIFE £100
"NEVER TELL SECRETS
TO YOUR WIVES" AIR Commodore W. F. MacNeece Foster was awarded £100 damages in the King's Bench Division recently in his slander action against Air Marshal Sir Cyril Newall, a member of the Air Council, and Lady Newall, of Walton Leigh, Addlestone, Surrey, in respect of state- ments made by Lady Newall at a tea party.
His case was that Lady Newail made remarks about him to her friends suggesting that he had been guilty of undisciplined conduct in his dealings with the Air Council,
The defence was a denial that the words were cap- able of any defamatory meaning, or were spoken maliciously. The fullest regret had been expressed for their publication, and it was denied that Air Commodore Foster's reputation had been damaged.
Mr. Nicholas Maenskie, K.C., for Alr Commodore Foster, said it was a unique case in that it was probably the last which would ever be tried where a plaintiff sued a husband in respect of a wrong committed by his
wife.
I so much like Mrs. Foster and am so sorry for her because her husband is making such a fool of himself, He has been disappointed at not accuring promotion and is behaving stupidly.
He is actually threatening to bring an action against the Air Council. Because of the expansion of the Air Force, there in a great need for men, and Air Commodore Foster might have got the promotion he wants, but
Only ten days after the action was brought the law was changed, so that now, after hundreds of years, a hus-the course he is now taking will make band "could go abroad feeling irit impossible to re-employ him."
mune from the consequences of his |ife's wrongs.”
IL WIS quite untrue, said Mr. Macaskie, that Air Commodore, Foster had threatened to bring an against the Air Council.
nction
Air Commodore Foster was 46. He servod throughout the wht. WAR He submitted that Lady Newall's awarded the D.5.0. and the D.F.C. In words were most damaging to Air 1929 he was promoted to the command Commodore Foster's reputation. One of the Air Defence Group Auxiliary of the persons who heard the words reported the matter to Air Com- and Special Reserve Sqund.
modore Foster, who wrote to the Air Council.
DISTINGUISHED
་་
"Would one not diave thought," asked Mr. Macaskie, "that when Sir Cyril realised that his wife had been indiscreet, his first impulse and desire would have been to communicate with his brother officer 1"
Sir Cyril Newall was of higher rank and an officer of great distinction. One would think that Lady Newall, the wife of a man occupying a high position, would know that discretion akould be exercised by her if she
Air Commodore Foster waited until learned of any confidential matters June 22, and then wrote to Sir Cyril which were passing between her hus-Nowall. band, as a member of the Air Coun- ell, and some other member of the Air Force,
OIL ON WATERS
It was not until July 3 that Sir
| Cyril Newall wrote:
On May 29, 1933, Air Commodore
My wife and I appreciate that Foster was informed by the Air Coun- the conversation which your friends eil that he was not to be promoted to 'apparently reported to you would Alt Vice-Marshal, and jie subsequently must not be taken that I am admit
naturally hurt your feelings, but, it protested against this decision.
On January 15, 1934, he received a letter from the Air Council contain- ing the following sentence:
ting, in saying that, the accuracy of what was said.
It is unfortunate that the subject should have ever been referred to on this occasion, but my wife is not alone to blame for its being referred to.
We cannot leave this subject with out expressing regret that an officer
Be that as it may, we would like of his (Air Commodore Foster's)!
you to know how very sorry we both seniority should have deemed it pro-are that anything my wife said has per to make a copy and use docu-caused you and your wife distress; and ments which, trivial as they were to offer you our sincere regret and were on the face of them not official assurance that we will, in the future, in character, and received by him discourage any discussion of you and under cover of a letter from the Air your affairs. Ministry marked "private," and con-i cluding with a request that the docu-. ments might be returned.
WROTE COUNCIL
Sir Patrick Hastings, K.C. (cross- examining for the defepce): Do you want Sir Cyril to pay you damages for what Lady Newall snid at a ten- party?-The reputation of an officer is the most precious thing he has
gat.
If Air Commodore Foster's.appeall for promotion-which could be made to the King if overridden by the Air Council were to receive the fullest Sir Patrick: At this date (January consideration it was necessary to have 1934) you were having correspondence such a slur removed, and on April 3, with the Secretary for Air and accus 1934, he wrote to the Council:
ing him of having acted wrongfully in "I therefore formally request that law? Yes. Lord Londonderry swith- the Council may be pleased to hold, in drew the action he had taken, but I do camera, an inquiry into the. serious not think he would have done so if I matters which have been divulged. I had not consulted my solicitors and will facilitate this inquiry in every pointed out to Lord Londonderry that way." He enclosed a cheque of £500 he was wrong. which he said was to be forfeit if it were found that any statement he had) made
falac, irrelevant, analicious.
were
or
RESPONSIBILITY
Of course, a wife ought not to I tell anything that her husband tella her7-You omit to recognise that That request was refused, and sub- he is directly responsible under regula- sequently in the course of the con- tions and if he were junior officer troversy Air Commodore Foster wrote he would be held responsible and to the effect that if the Air Council would not withdraw the allegation in punished,
Addreasing the jury Sir Patrick the latter of January 15 he would be Hastings sald the sort of action aris- forced to bring an action to clear himing out of little-tattle at a tea-party self before he could go on with his ought never to be brought. appeal.
Then, turning to the ten male mom On May 25 Lady Newall want to the bers of the fury, Sir Patrick said: "If house of a Mr. and Mrs. Bosanquot you have wives never fell them any where there were also a Mr. Harris thing that you don't want to have re- And his daughter, who, though peated, because you know: men must strangers to Lady Newall, know Airwork and women must go out to ten. Commodore Foster and his wife.
CAUSE OF TROUBLE
In the course of conversation Lady Nowall said to Miss Harris:
And, when they go out to tea, it seems from the experience of Mr. Macaskie and myself their one idea is to benefit lawyers. Give them a chance and they will say something which will make their husbands sweat for years,"
I do think Mrs. Foster is a charm ing person, don't you? Perfectly But the law had since said it was delightful. I do hope she is not agree- beyond a joke that a husband should dog with this ridiculous way her hus-be held liable for his wife's talk, and band is behaving,.
it had been altered.
Of course, he is raining his chunces. Mr. Justice, MacKinnon, aumming- It is so stupid, because, with an in- up, said they were not there so that crease in the Air Force, there would Air Commodore Foster might, by re- be a great chance for him to get a covering damages, punish. Sir Cyril very good position, and that is now Newall for any breach-if there was quite impossible,
En breach of King's Regulations, or To Mrs. Bosanquet Lady Newall !! can to ventliate any grievance he said, when asked whether she knew had against the Ale Council. Their concern WAS whether Lady Air Commodoro Foster: "Yes, but not only as well as we used to. Mr. Foster Newall's words were defamatory. has been behaving like an ass..
motod."
The jury found that two of the She also said: "Mr. Foster has been statements were defamatory and two making such an ass of himself in kick-were not defamatory, and £50 was ing up a fuss about not being pro- awarded on each of the slanders. Sir Cyril and Lady Newall had paid £100 into court, and Air Commodora Faster To Mr. Basanquet and Mr. Harris was given judgment for costs up to Lady Nawall sald:
the date of that payment.
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