1932-01-06 — Page 7

WEDNESDAY, JANUARY 6, 1932.

BREACH OF PROMISE ACTIONS

"BARDELL v. PICKWICK."

By

His Honour Judge McCleary..

MUCH ARRESTED PAIR.

THE

CHINA MAIL.

BRITISH ARCTIC FISH ANSWER

EXPEDITION.

Brothers Who Baffle the Lieut. Lindsay's Talk

Police..

THE SASS BROTHERS.

proved against them.

Astute Defence.

Over the Radio.

CHRISTMAS IN GREENLAND,

Christmas Seal.

We

DINNER GONG.

Temperature Recording

Testing Vision:

RESEARCH WORK.

a

of the

Vision and Schooling. It was in this station, a short time ago, that the first success- ful experiment was completed for recording the rise temper-

For

The eternal suspects, the Sass Lieut. M. Lindsay, a member

Excavations have been started brothers, who have several times of the British Arctic Expedition for a large extension of the sta The public interest which at-, the tenant of Mrs. Bardell's but against whom nothing of im- to find out the possibilities of sociation at Plymouth, says

been arrested by the Berlin police, which went to explore Greenland tion of the Marine Biological As- taches to breach of promise cases "apartments furnished for a portance can ever be proved, have using it as a half-way buse for special correspondent is really out of proportion to single gentleman" he proceeds: been arrested once more, in order, a two-day air route to North Morning Post. their importance. They are "Of the man Pickwick I will say it is alleged, to prevent them carry- America, gave a very interest- merely actions for damages for little; the subject presents but ing out note forgeries and other ing

The work of this research sta- breach of contract. The con- few attractions; and I, gentle- frauds for which, according to At

talk

over the tract, however, for the breach of men, am not the man, nor are police statements, they have made, Lieut. Lindsay

radio. tion has developed to such an this time last

extent of recent years that vari- year, - which damages are sought in you, gentlemen, to delight in the extensive preparations.

Was one of ous additions to the accommoda- this class of action is a contract contemplation of revolting heart-

a small party who were cut off entered into by a man and woman lessness and of systematic vil-famous in 1929, when they were

The Base brothers firat became from civilisation for 12 months. for present day needs.

tion have proved to be insufficient by which they mutually agree to lainy."

In his address, Lieut. Lindsay The Association has its main marry each other. In such an action the plaintiff must prove Buzfuz was able to call in sup- biggest bank robbery in history. us from the North Sea, so the ing the

The evidence which Sergeant carried out what is probably the of 70 miles of pack ice separated around the British coast, includ- arreated on suspicion of having said: "An impenetrable barrier object, the study of the fish life the contract to marry. Her evid-port of the plaintiff's case was The strong room of an important only communication

innumerable factors. ence alone on this part of the of the Alimsiest description. branch of the Disconto Gesellschaft with the outside world was by ments, sea-bed formations, tem- case is not sufficient. She must Pickwick

had which affect it. Water move- be corroborated by other mater- Bardell's house for two years, underground

had resided at Mrs. Bank was entered by means of an wireless. How we used to love peratures, salinity, food, vegeta ial evidence. The corroboration during which time she had "wait burst open, and jewellery and cash London calling and to listen to tions play their part in govern- tunnel, the safes the wireless, to be able to hear tion, and mary other considera- may be by the evidence of other cd on him and attended to his to the value of millions of marks the news at the same time as ing the breeding and migratory witnesses. It may be obtained comforts." from letters written by the de- son halfpence, and on one occn-

He had given her stolen, never to be recovered.

our friends at home! Unfortun- movements of different kinds of fendant. She must further prove sion he had said to him, "How when they were arrested in connec-gularly; we

On that occasion, as in 1930, ately, we could not listen in re fish, and the research work al- that the defendant. has broken would you like to have another tion with a tunnel that they were three days running and then not Station has made it possible, in

would get news ready done by his promise and that she has father?"

the Plymouth thereby suffered damage.

On another occasion digging in a cemetery in Charlot again for a fortnight. Just at certain cases, to give the fishing Various defences are open to plaintiff in his arms, and sooth-be released, because nothing of a were most anxious to listen in, advice.

he was discovered "holding the tenburg, the Sass brothers had to some particular time when we industry valuable assistance and the defendant. He may deny the ing her agitation by his caresses promise to marry. He may plead and endearments."

conclusive **character could be the atmospherics would be bad Research workers from all that he was induced to make the

or we would get a terrific gale over the world visit the Associa promise by the plaintiff's mis-

The Unscrupulous Sergeant Last year they were condemned, and the aerial would be blown tion's laboratories, carry out ex- representation or wilful sup-

indeed, to a months' imprisonment down. These hurricanes aver- periments in different branches pression of the real circumstances also told the jury that he would under a cigar shop, but their ob- m.p.h.

It is true the learned counsel for making a hole in a cellar wall aged anything up to 180 or 200 of fish study, and many import of her life or character. He may prove that "on one

In the first gale of the ant discoveries have been made, be in a position to prove that when he (the defendant) return-obscure..

occasion; ject in doing so remained complete year, the gauge registered 123 often of great value beyond the the plaintiff had agreed with him ed from the country, he distinct-

m.p.h., when the top blew off. realm of fish. that their engagement should be ly and in terms offered her mar-

This was in the morning, some! terminated. Admitting that the riage, previously, however, tak

time before the gale reached its plaintiff is entitled to a verdict, ing care that there should be no sists in a firm refusal to make any

The brothers' astute defence con- maximum strength." he may fight the action on the witness to this solema contract.' amount of damages to which she He had

statement whatsoever to the is entitled. This statement of make this statement.

no right whatever to authorities. In the present case

He tells the police state they have found describe how Christmas last year ing of the nerve impulse.

The speaker then went on to ature of a nerve during the pass- the essential features of a breach the jury that there were no wit-machines and apparatus in the was spent with daylight only this purpose a long nerve from a of promise case would seem to nesses present on that occasion, possession of the brothers suitable about show that such an action is a

and he knows that he cannot call for forging 10 mark notes, as well Christmas dinner was

two hours each day. crab was employed, the apparatus very prosaie affair. But even By the plaintiff. He could give no a'the plates of stamps bearing the cheerful one, without the lawyer it cannot be so des direct proof of a promise to names of two lawyers, the purpose crackers, holly or turkey. There to 2,000th of a degree were pos- cribed. Any legal proceeding in

a tree, accurate recordings of 1,000th which the sexes are opposed to

marry. In fact there never was of which is as yet obscure. each other is rarely

such proof, and if tried to-day police also know that the brothers a. tin, and so much brandy was

The was a pudding, however, out of sible. without some interest. The eternal con-

the action must have failed on have ordered at least оде

Many experiments of a high- metal poured on it that, when it was lit, ly interesting character are in flict between

this ground. No statement of stamp of a watermark and another the hut was nearly set on fire. process. The writer was shown the sexes, the this kind to a jury would pass a of a corner of a 10 mark note, essential differences in the points modern judge, and dire would be.

The only thing to mar the ocea- by Dr. E. J. Allen, the director, of view of the male and the the consequence to an advocate the Sass brothers will once more Courtauld who had volunteered artificial stomach in which food Nevertheless it is possible that sion was the absence of August apparatus which is, in effect, an female, the side-lights which are who attempted to make it. thrown upon human nature in

get off scot free since it does not to remain alone for five months is being digested by juices taken what is, perhaps, one of its most his recital of the evidence he pro- proved guilty of anything but meteorological observations at kinds of fish.

The learned counsel concludes at present seem that they can be through the Winter, taking from the organs of different striking manifestations are proposes to call with a reference to possessing objects which could be 8,000 feet above sea level, on an ductive of considerably more in- terest than can be aroused by an from the defendant to the plain- added that since 1929, the Sass shape of polar travel in the events are recorded by the fish

two perfectly harmless letters used for a crime. It should be enormous

Other experiments are design. mass of ice in the ed to action for damages for

ascertain how different delivery of goods. And so it is mato sauce and the other direct-the police, but yet constantly man shore. to shore. Instead of tur- ther fish can hear has often been non- tiff, one ordering chops and to brothers have been shadowed by right across Greenland from brain. The question as to whe- that the love affairs of two very ing the plaintiff not to trouble aged to elude their observation. ordinary individuals, when laid about the warming-pan. He com-

key, they had seal. They ate discussed. The workers at the bare in a court of law, may be ments upon these letters in this

many funny things in Greenland, Biological Station have succeed- found to be of interest to very way: "These letters, too, be- many people who have

seal, whale, bear, sea-gulls and ed in training fish to answer to even dog. heard of the parties to the action. They are not open, fervent, elo-

Lieut. Lindsay said it "wasn't are conducted to test the vision speak the character of the man.

a dinner gong. . Dealing with life in Greenland, In a similar way, experiments The Most Famous of Al quent epistles, breathing nothing

"Breach" Cases.

but the language of affectionate

bad." One could get quite a lot of fish, and to account for their Though the passage of time attachment. They are covert,!

of enjoyment out of the toil and behaviour in schools. Ingenious hag

A gunman who wanted quick ser discomfort of polar, travel if the mirror apparatus has shown that brought about greatly, underhand communications, vice shot and killed a fellow-diner right philosophy were acquired. fish react to their reflections in changes in the trial of such ac- but fortunately far more conclu-in a Harlem restaurant because he They had to travel in tempera- the same way as to one another, tions, the famous case of Bardell sive than if couched in the most did not get it, says Reuter's New tures far lower than 30 degrees.and that the phenomenon v. Pickwick, reported by Charles glowing language and the most York correspondent.

of Dickens in his "Posthumous poetic imagery letters that

On one journey, the thermo- schooling in fish can be account- Papers of the Pickwick Club," re-

The gunman had ordered a Ed. meter must be viewed with a cautious portion of fried fish.

went down as low as 83 ed for by the use of sight alone; veals many of the human con- and suspicious eye."

So did

degrees below freezing point. siderations which are to be found

Aid for the Industry. The evidence which was called later with two friends.

negro, who came in a few minutes "When it is really cold," he A steam drifter and a motor in a modern trial. It will be no- the plaintiff certainly did

continued, "the inside of the tent fishing vessel are daily at work ticed that neither Mrs. Bardel! not place the case any higher order, the gunman and the negro frozen condensation of the steam of the station. These provide When a waiter brought in one is completely covered with the securing specimens for the use nor Mr. Pickwick gave evidence than it had been put in the both wanted it. on the trial of this action. Curi- opening. Mrs. Cluppins and

from cooking pote and small par valuable data, especially when Mrs. Sanders, friends of the with a pistol

The gunman backed his claim ticles of ice keep showering previously marked fish are re- plaintiff, gave evidence which negro dead, with a bullet wound in freezes, the inside of the sleeping different species.

Detectives found the down. As one's breath also caught, as to the movements of from modern

&

standpoint his head.

,

never

ous though it may seem in these days, before the year 1351 parties to an action were not competent witnesses. The difficulties of proof either on the part of the plaintiff or the defendant with out the evidence of the partles concerned must have been enor mous, and yet with the ingenuity

į

for

amounted to just nothing at all. The defendant's three friends. Messrs. Winkle, Tupman, and

GUNMAN IN A HURRY. Fellow-diner Shot In Dispute For First Service,

-

a

a very being so delicately adjusted that

bag is soon a layer of ice which The specimens caught by the has to be thawed out before you boats provide a valuable stock can pretend to be at all warm from which university labora There are no redeeming features tories are supplied. Many of the London Zoo

Snodgrass, were called, and, the best he could for Mr. Pick-in travelling under such condi- exhibits" in the driven to the verge of despera-wick," but he does not seem to tions. The cold has to be endur-aquarium are constantly renewed tion by excessive badgering and have been very effective. The el, actively and consciously, like from this source. The stock of the solicitors who prepared bullying, made damaging admis-report continues: Mr. Justice pain. the case and the eloquence of ions with regard to the charac- Stareleigh summed up in the old-| the counsel who conducted it ter of the defendant. In those established and most approved these difficulties seem to have days it was permissible for coun-form.

He read as much of his

Hard Manual Work.

room of the Plymouth Station has always at least 2,000 differ; been overcome. Remembering xel to call a witness and, though notes to the jury as he could de- most about Greenland is not as Probably the most important ent species of fish in stock for "The thing, 1 shall remember the use of research workers. that the plaintiff must prove a he was counsel's promise to marry and that there to adopt the methods of a cross-made running coments on the bath for a year or wearing the ed relata to the habits and life own witness, cipher on so short a notice, and much the cold or being without experiments now being conduct must be, corroborative evidence, examiner and to bully him into evidence as he went along." The same clothes for eight or ten history of ray, skate and similar the plaintiff had to rely on evid-making damaging admissions.jury retired, and on their return weeks as the work, real hard fish, about which comparatively ence frora which the jury could Nowadays counsel is not permit to court found a verdict for the manual work most of it, sledg- little is known at present, but infer that the defendant had ted to cross-examine his own plaintiff for £760 damages. íng, pack carrying and even dig which are an important part of promised to marry her and that witness. He must accept his an-| there was in the evidence some awers.

In legal matters Charles ging. Having previously never the fishing industry of South The last witness was Dickens wrote with knowledge. carried anything heavier than a Devon and Cornwall, corroboration of the alleged pro- the defendant's servant, Sam He was very familiar with the message, it was an education to It is hoped that the results mise.

Weller. In the battle which en- trial of actions, and it may be me to learn that, although ex- these experiments will shortly be It is interesting to observe sued between him and Sergeant assumed that his report of ceedingly unpleasant, it is not embodied in one of the Associa how Sergeant Buzfuz in his open- Buzfuz Sam did more than hold Bardell v. Pickwick, allowing impossible to carry 120 lb. on tion's periodical reports to the ing speech for the plaintiff pre- his own. N

for humerous exaggeration, is a sents to the jury the facts on At the conclusion of the plain-fair representation of the trial one's back and uphill 2 Ministry of Agricultur, and which he relied, and from which tiff's case the defendant's coun of an action for damages for that, even now, their life-work

Concluding the speaker said Fisheries, and that he asked the jury to draw the Bel, Sergeant Snubbin, hed to con- breach of promise of marriage in was not over:: Inference that Pickwick had pro tent himself with an address to the days of which he wrote draft of £3.000

údustry will mised to marry Mrs. Bardelli the jury He was not permitted. The modern trial of such ac and with pictu His style of advocacy, which to call his client to swear that tlon may not be quite so enter to raise may be described as somewhat he had never promised to marry taining as this celebrated trial

just might not appeal to a the plaintif and to derne dury, but it seems to various matters.

ain the but it will frequently be found to

Jat is of in

have be very effective, halter to fore describing how Pickwick became lure

boen contain

the to a did: Marthester

of human nature

was thon

ing real

applied by

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