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In Eversley's "Law of the Domestic Relations" (2nd edition), p. 604, it states: "The Court has ample scope for the exercise of its choice of guardians, and no primá facie claims, however strong, will be allowed to prevail against it if the infant's benefit warrants their suppression."
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I am instructed by His Majesty's Crown Advocate at Shanghae that " guardian (if not a married woman) would, in my opinion, be sufficient," and I have accordingly requested Messrs. Pownall and Hopkins to state which of them will make the application. The Crown Advocate adds that "the consent of the relatives to the appointment of the guardian must be proved, and if they have not consented, they will have to be served with notice of the application, unless the Court directs otherwise."
These legal requirements will, of course, be complied with, but to admit Mr. Perey Kingham's claim in preference to Mr. Pownall's or Mr. Hopkins' would, in my view, be an injustice botli to them and to the infant.
The prolonged absence of Mr. Pownall and Mr. Hopkins in Nan Ch'ang has prevented me from proceeding with the matter as quickly as I wish, and the tenets of the Plymouth Brethren sect, to which they belong, requiring religious meditation before replies to letters can be sent, are a further source of delay. I hope, however, that more progress will be made during the Chinese New Year holidays, when these gentlemen intend to spend some days in Kiukiang.
I have, &c.
(Signed)
Inclosure 2 in No. 1.
E. C. WERNER.
Petition of Rev. H. E. Pownall and Rev. F. J. Hopkins that they be appointed Guardians of the infant, Vera Kingham.
THE Petition of the undersigned Herbert Edward Pownall and Frederick John Hopkins, that they may be appointed guardians of Margaret Vera Kingham, an infant, showeth :-
1. That Margaret Vera Kingham's antecedents and present position are:-
(a.) Margaret Vera Kingham was born at Kuling on the 14th June, 1903. (6.) Her father, Harry Claude Kingham, murdered at Nan Ch'ang-fu, Kiangsi, the 25th February, 1906, has one elder brother, Percy Kingham, and two sisters, one of whom is Ethel Ada, wife of Frederick John Hopkins.
(c.) Her mother, Octavia Mary Kingham, sister to Herbert Edward Pownall, was murdered at Nan Ch'ang-fu, Kiangsi, the 25th February, 1906, and has four brothers (two of whom are clergymen in the Church of England) and five surviving sisters.
(d.) At the end of February, 1906, Herbert Edward Pownall and wife were the child's only relatives in China, and as soon as possible they took charge of their
niece.
(e.) Harry Claude Kingham's sister and her husband, Ethel and Frederick John Hopkins, had left England before the massacre of the 25th February, 1906, intending to join the late Harry Claude Kingham and wife in their mission work at Nan Chang-fu, Kiangsi. After reaching Shanghae they proceeded to Kuling for study of language.
(f) Herbert Edward Pownall and wife, on returning after the funeral to their own mission station inland, left their niece, Margaret Vera Kingham, in the care of her other uncle and aunt, Frederick John Hopkins and wife, on Kuling, and since that time the child has been under their care.
(g.) The child was examined by Dr. Parrott, of Shanghae, and found to be sound and healthy, and, although somewhat dazed immediately after the massacre, she is now quite bright and happy.
2. That to remove Margaret Vera Kingham from the charge of those relatives under whose care she has been for the last six months would not only be a great grief to the child, but also a considerable strain upon her; and that a strain ought, especi- ally at this time, to be avoided, as she is little able to bear such after what she has already passed through.
3. That it seems highly desirable that Margaret Vera Kingham should be intrusted to the joint guardianship of your petitioners, in whose care she has been since the death of her parents, for the following reasons:---
(1.) The good of the child.
(a.) She is at the present time with those who dearly love her, and have been in the closest touch with her parents for many years.
(b.) The child is much attached to F. J. Hopkins and wife, as also to H. E. Pownall and wife, whom she has known since earliest recollection.
(c.) She is in the land of her birth, to leave which would be to break all the natural ties she has hitherto known.
(d.) She has many little friends at Kuling, and, owing to the high esteem in which her parents were held, many take a special and kindly interest in the little orphan girl.
(2.) To satisfy the wishes of the father's and mother's relatives.
(a.) The following extracts from letters received by Ethel Hopkins show what are the thoughts and wishes of the father's relatives :-
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(i.) Extract from letter of Mrs. A. Kennedy Stone, sister of the late Harry Claude Kingham
"The Prairie, Polela, Natal, June 7. "We rejoice with you both that you have dear little Vera. She will be such a comfort to you, and our dear Harry and Tavie (the late Mr. and Mrs. H. C. Kingham) I am sure would wish it so. It will be so nice for you to be with the Pownalls; they must be nice, and Herbert Pownall knew so well dear Harry."
(ii) Extract from letter of Mr. Percy J. Kingham, elder brother of Ethel Hopkins:-
"Drummond, Natal, South Africa, April 20, 1906. "We know that the child will receive from you the tenderest care and attention."
(iii) Extract from letter of Mrs. Elizabeth Kingham, who was guardian to the late Harry Claude and his sisters after the death of their parents; aunt to Ethel Hopkins:-
“235, London Road, St. Leonards-on-Sea, England, June 3, 1906. Percy has been writing, he wants Vera. I tell him she (Margaret Vera Kingham) cannot be better off than with you."
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(iv.) From Mrs. Edmiston (aunt of the late Harry Claude Kingham) to Ethel Hopkins :-
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Guestling Peep, Milward Road, Hastings, England, July 3, 1906. "My idea is still that her parents' wish would have been for her (Margaret Vera Kingham) to be brought up by you where she is."
(b.) It is equally certain that relatives on the mother's side-that is, of the Pownall family-would be in full sympathy with the joint guardianship for which
we ask.
(3.) The perpetuation of the late parents' wishes and principles.
(a.) H. E. Pownall and wife have been constantly connected in work in the same mission (North-West Kiangsi Mission) with the late Harry Claude Kingham and his wife during the last eleven years, i.e., during the whole term of their life in China. (6.) F. J. Hopkins and wife, although in England, have also during the same period been in intimate and sympathetic relationship, by letter, with the late Harry Claude Kingham.
(e.) Indeed, it can with truthfulness be said that H. E. Pownall and wife and F. J. Hopkins and wife fully and accurately knew, and are able sympathetically to enter into, the late Harry Claude Kingham's and wife's feelings and principles as no
other of their relatives can do.
(d.) And further, they are in a position, as no other relatives are, to see those desires and principles, as far as they affect the infant Margaret Vera, carried into effect.
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