1924-06-25 — Page 4

Summer

weight

THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 25ru. 1924

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WHITEAWAY'S.

BROOK MATRIMONIAL DIS-

PUTE AT SHANGHAI. RESPONDENT'S CASE NOT PROVED RESTITUTION OF CONJUGAL RIGHTS

TO THE WIFE

The matrimonial action of Brook Brook, which was a patition by the wife for restitution of conjugal rights, was the subject of an interrating judgment, given on June 17th in the Supreme Court by his Hanons Judge Sir Skinner Tarner, Respondent alleged displays of violent temper and a confession of misconduct by his wife as grounds for refusing to live with her, hut his Lordship found the first grounds inadequate and the seed not proved, and granted the petitioner's

prayer.

Mr M. Render Barrix appeared for petitioner and Mr. R. t. MacDonald for

respondent.

His Lordship said: This is a claim by a wife for a decrce di restitution of con- jugal rights: the husband claims that he Kad reasonable cause for leaving her. It is clear that the hurdler of proof in such a case is on him, and I am not at all satis- fied that I was right in calling upon the petitioner to begin. "At all events, the enses of Smith ». Smith r1900, p. 6) and Greene Greene (1916, p. 188) seem to show, that it was for the respondent to begin.

The respondent claims that he had reasonable cause for leaving, his wife in that (1) she was possessed of a violent temper, (2) she hid committed nets of violence towards hips, had locked him out

of the house. had abused him and accused

BOLSHEVISTS AT CANTON,

***OUTRAGEOUS CONDUCT. TENANTS HOUSE STRIPPED BY LANDLORD.

g

THE HEAVY RAINFALL. -

· WATER SUPPLY CUT OFF. Our Chinese, correspondent writes: M. Borodin, "Soviet representatige in

According to the Observatory records. Canton, after an absence of several months at. Peking. returned to this

The alleged outrageous conduct of the rainfall during the 24 hours ended the landlord of No. 29, Quera's Road at 10a.m. yesterday was 2.195 inches. Southern metropolis à few days ago. Upon his arrival, however, several lead West, in commencing to pull down, the The total since the first of January is ing members of the Kuomintang seed house over the tenant's head was yea-now 1043 inches against an average of to leave Cantin. The matter may be torday the subject of a Summary Court 5.79 inches. Ir soute districts of this eglucideat or may be not. It has been action heard before Mr. Justice Dyer Ball, Colony the fall was much heavier than a long time known to the Canton public the tenant claiming $1,000 damages. The in others, 23 inches falling it Wonguei- that the Kuomintang members are landlord als brought a cross-action chong reservoir. At Tytam Tak them divided into two eins regarding the against the tenant for possession hat was 5 inches; at Tytam -Intermediate 7.3 Soviet theories of government. One may be said to be Bolshevistie and the other anti-Bolshevistie,

this was held over panding the result of Dr. Sun Yat an appeal on a similar case.

Set, while friendly to the Bolshevists. has not publicly accepted their principles

Mr. E. SC. Brooks appeared for the plaintiff al Mr. N. 1. Brewer for the

efendant.

Kowloon reservoir, The measurements inches was registered amb 9.3 inches at

at the reservoirs are for the 24 hours

ning 6. pm, yesterday.

||

The Observatory records, show, that be- a part of the Kuomintang platforms.

tween 1.p. and 5 pari. g5 inches fell The question of Bolshevism has em Mr. Brooks said the tenant carried on efore Canton public attention against husiness at. No. 38, "Queen's Road West, on Monday. The heavist shower was through a petition of Chang Chi, Tang ground floor, as a tailor. On May 4th a between 3.30 pm and 4.20 p.m. when

- Chak Yu, and others to Dr. Sun Yat Sen

the

KOMEN. ROAD CONDUTE.

calling for the reprimind of these teaders manber of workmen appeared so the 11.30 inches fell. There was another ex- ceptionally heavy shower "betwren 30 scene and erected scaffolding in front of Collec having advocate. Bolshev:sin in

tered was 1.08 inches. tion with their promotion of the Kan the house with a view, no doubt, to pull-P. ad 11.30 p.m. when the fall regis miutang movement, and it appears to being down the house. The tenant consult the desire of the less radical kaders of ed his solicitors who wrote to the land.

As a sequel to this heavy downpote the party to separate the two interests lord. Notwithstanding this letter, on

Bowen. Rond conduit was again. as far as possible so that the Buoning May 6th the workmen commenced taking brokem, and it is announced "in" conse tang may not be recused of being off the rod and in fact by working that

quence that the water supply for all dis plshevistic Party.

day and the following day they coin-tricts will for the time being, be cut pletely stripped the roof. They removed trolled by bringing the rider ins into the tiles of the first and second floors as operacion once more, despite, the plenti- well The result was there was nothing fut supply of water. The flame broke at left between the tenant and the sky.ext.m. yesterday and almost immediately cepting a few rafters,

afterwards the P.W.D. commence, re- On May 9th an injunction was granted pairs. It will be verneribered that last in the Summary Court and the work year considerable trouble was experienced stopped. Since that day the tenant, with the flume on Bowen Road which

P. & 0 AND THE EMPIRE EXHIBITION.

In concection with the British Empire Exhibition, she P. & O. Company has not put on extra ships, except in the sense that four new steamers of large tónsage and passenger carrying capacity have been adilett to its fleet during the past eighteen months. Earlier post-war vergis have earned popularity are the older

and arbanda, of 16,000 tons. The

con-

living in a place of that nature with no was damaged by heavy landslides in thin protection whatever, had been subjected vicinity after a heavy down pour of rain. to the wurse kind of weather possible.

There is some danger of a heavy land-

him of immorality, and (a) she had con- fessed to acts of adultery in Tsingtao in 1922. All this the petitioner denies, anding of these bips Into the Australian trade has enabled the ompany to transfer to there is no evidence before me save, that the India and China services such vessels as the funtun, Moren, fahren, and duct-

Mr. Brooks said his client had since slide at present in the same vicinity of the parties: bath against oath and

donta Passenger and mail steamers of

1er of wailings, there has been an all- a living.

won. Thus, without increasing the put part of the roof back in order to get endangering Braeside."'"'-

So far no important landslides Lave number of s

In assessing damages Mr. round increase in this passenger "capacity

such additional matter as is contained in the correspondence, which really only

any longer.

(Lamdon).

done.

shows that in 1923 the respondent had of the various services, and so the com- Brooks asked his. Lordship to consider [ been reported and no roads have been determined not to cohabit with his wife pany has been enabled to meet the extra the cost of putting the roof mek and to closed. There have been several minor

demand for artis resulting from the it really would be enough deare of Britons overseas to see the Ex- also bear in mind the outrageous ren washouts, The Pokfulum Road is crack- To way in this case that the respondent, hibition at Wembley-China Express duct of the landon in doing what he had cd in one place whilst at. Tsun Wan in

upon whom the whole burden of proof lies, has failed to make out his case and, therefore the deeree must go. But I am not satisfied to do this: I want to ascer- tain the basis and the principles on which a decree of this mature ought to he grint ed or refused. The law is that up to Matrimonial Causes, Act-47 and 49 Viet. Cap. 69, a respondent could only resist a petition of this puture by-proof of a nutrimonial offence on the part of the petitioner. 7, something for which a decree of divorce or judicial separation could be granted. But that Act as inter preted by the Courts in Russell . Russell (1905, p. 315) and Oldroyd ». Oldroyd (1566, p. 173), gave the Court some sort of discretion to refuse a deeree for mat- ters which do nas amount to malkimonial offences. I have to ascertain what that discretion is and how it is to be exercised.

MITUAL DETY

the New Territories half the road bas The tenant, in the witnessbox, estiren blocked by a fall of earth. There is also a small fall reported from Shatin was any guilty intimacy hetween her and nated the damage to his stock in trade and a bank of earth slipped on to the the recipient. She was furiously jealúng. of her husband, with the at unnatural at between $1,200 and $1,300 His averea near Thorp Manor. May Rond. result of her nutinests that after a time age daily taking before the roof was

HOUSE COLLAPSES. he separated himself from her more, and taken off was $10; the daily takings since more, with the further result that, if the the roof had been removed were between set in the Yaumati listrict which result During the heavy rains a house collap | husband's evidence be accepted, she

gradually gave way to drink. Then we $10 and 1 ile produced his accounted in a number of coolies being buried. find the usual concomitants--nutruè ac-

books ja Court which, showed that his This occurred in Temple Street in the dusations and hysterical natharsts. The takings on the two days previous to the afternoon when a party wall in courser judge, notwithstanding this evidence and roof being removal were $117.75 and 3 of construction came down burying the without exlling upon the wife to answer respectively. After the roof had been coolies who were sheltering from thin it. felt that he would be extending the removed his takings for the following rain, Mr. Gorvin of the P.W.D was Inw if he bell that the hushnu fa this three days were: $15, $10, and. 87.

close at hand at the time and succeeded se had reasonable cause for deserting Mr. Brewer intimated that his defence in resenting four of the unfortunate his wife and granted her a decree at would be that the premises were fiable people whilst later the hour two others restitution. This was on the same prin- to "he surrendered and that the tenant, were rescued. Of this number the fore ciplex as leal Sir". Evans to grant a having made arrangements to move out, man,in charge of the coolies was seriously decree to another wife---Fletcher said he had no objections to the work injured He was removed to hospita

with a broken spine. Three others were Fletcher (15)-where he held that the preeding.

Yester- Mr. Brewer called the contractor en conduet of the wife did not justify the

believed to have lost their lives. husband in withdrawing his protection gaged on the work who stated that the day morning the body of a coolie was recovered. The police continued to from her: protection" which included not landlord instructed him to go there on only providing for her livelihood but May 4th and put up the seafolding. On search for further bodies but yesterday giving her his society, his care, and that the previous day witness went to the afternoon amily. Preas representative anchorage in life which a frivolous and tenant and told what he proposed doing, was informed that rescue work was stop- The tenant said he was going to moveped during the afternoon, no further foolish woman required.

out on May 9th. He raised no objection bodies being recovered. It is believed to the scaffolding heing erected.

that all who were pinned under the debris Mr. Brewer, whilst that admitting his have been rescued. client was in the wrong, thought the tenant had waived his right to exemplary damages in that be raised no objection to the extractor commencing work. He asked his Lordship to award nominal

I start with the fundamental position that husband and wite are ander a duty to each other to cohabit. L'oless there bas been a separation, judicial or valid agreement, the parties are not en titled to refuse to cohabit in the absence of any matrimonial or quasi-matrimonial offence, or even where such an offence

1 im satisfied on the principles as I has been committed and afterwards con prove, them front the authorities that, doned. And the law has now given a

even were I to accept the respondent's discretion the Court to refuse a decree of restitation: hut that discretion is evidence, he has not (apart from the pot to be generally or lightly used, but it alleged confession) shown me masonable case for refusing to cohabit, with his is to be exercised judicially after a cou-wife. At the same time I hold that be sideration of all the facts:" per-Evans. P.. in Fletcher Fletcher (1, T.L.R. 2000. Again: "The Court is not to exer- eisen general discretion in granting or refusing a drerec of restitution; to pu

has failed to prove the charges he has made against her.

#-

THE ALLEGED 1118CONDUCT. Icome now to the alleged confession

damages only.

Mr. Brooks described the case as out of the worst cases he had heard of.

His Lordship considered it a very bad

IMPUDENT RUBBERY.

ARMED MEN GET AWAY WITH $5.970.

Two audacious robbers armed with

so far would involve a large alteration of adultery, said to have been made by case, and one in which the tenant was revolver and a degger, carried off at of the oki law and would tionary power on the Court of far-reach-

PARELLE, CAKER

4.

ALLipusat

CIFEMA NOTES.

THE "WORLD.

ing effect and most difficult to exercise proved and true, would be enough to lead other ease which he had dealt with. He coup which yielded a return of Per Barnes, .. in Oldroyd. Oldroyd me to refuse the prayer of the petitioner, wished to compare the facts of the use to them. They entered n tes dealer's with previous cases in order to assess shop in Des Voeux Road West, just as (1996. p. 1933: and that learned judge Again, there is no evidence before me procreded to lay down the test, as after rounding circumstances. It is afguested prepared to award $500 damnges if Mr. for the antging partner and were told.

save the word of the parties and the aur damages, but at that moment he was the shop was being closed. They asked wards adopted by Shearman, J.. in Greene

Brooks was prepared to accept that he was on the first floor. They paid hin.

Invisit and a few minutes later they came "1. Greene (1716, n. 188: Has it become that this woman, the mother of two practically impossible for the parties to small children, came back from her sum-

mer holiday and rather boasted of her and his Lordship said that he would go

Mr. Brooks signified that he was not, down stairs and left the shop.my Tive properly together "

A little later when the fokis and closed The position there is that a petitioner intimacy with several me at Tsingtao further into the matter and announce the the shop they went upstairs and were,

during that holiday. She strenuously is entitled to a decree unless the respondenies the fact and the confession. Why amount to be awarded as damages on the surprised to find the master and his son dent can satisfy the Court that it is prae- should she make such a confession? The following morning.

lying in the front room bound and | tically impossibile for he parties to live

The case was adjourned until this gagged. They saw that the safe hack properly together reinembering always parties, even if their relations were

morning

heen opened and the contents rifled. The that it is ther duty to live together and strained, were living under the same

master was released and be informed thes that the Court will not lightly absolve roof: why present her husband with this

fokis that he and his son were held up evidence, if tme And the more so, if sither from that duty.

and ardered to keep quief. They were intrue? And why did not the husband take steps to ascertain märe, or even to

then bound and gagged and the key of 'the safe taken from the master. The safe. What is the evidence here Apart from learn where he was with such a confes- an alleged confession of adultery, it is sios in his hands? He did nothing of The director of the thrilling mystery was opened and a bundle of bank notes to the effect that the wife was violent the sort, and the parties continued to live picture that is the Universal Jewel extracted, after which the robbers quietly tempered and at dates in 1992 had under the same roof. Nay, more in 1923 traction at the World Theatre to day is left the premises, bidang Good night alused, threatened, and even struck her be sends his wife with both the children Staart, Paton who was born in Glasgow to the fokis as they walked out of the husband; the instances given being at at his expense to the same place for the and grew up to become a Scotch humorist shop, long intervals apart, and there being ho summer and it is only while they are of the type of Sir Harry Lauder and ut instance between December 1992 and there. that he writes the letter of August [that calling he was moderately susta September 1923. I cannot any that such with definitely refusing to live any longer ful. He might have become famous as " THE PORTUGUESE FLIGHT. conduct is nough to justify the husband with the wife. In no single letter is any humorist if he had not gone to America in leaving his wife, and I am following reference male to this confession it is and tried other stage work. And then here the decisions of two such experi- clear to me that he paid no real atten he changed again to pictures. From this enced judges in these cases as the Intetion to it and did not believe it, even if variety of experience he has a fine back Sir Samuel Evans and Mr. Justice Shear made. Why should 1 And I cannot ground for directing, since directing is an man. I take the later ease of the two, believe that the wife ever made such art that is really a composition and com-

A Daily Lizm representative was inform- Greene Greene, already mentioned, confession. I have referred to this mat, bipation of several arts in mental view

Consul General last night by Capt. de dence was to the following effect: The unsatisfactory if I were merely to saying, is taken from the successful stage Bieres that the airmen had abandoned petitioner was bysterical and jealous. that the respondent bad failed to prove play written by Earl Carroll. The story

another the desertion of the wife,

month L. Schrock, scenario cultor at found impossible to obtain The prayer of the petitioner must be Universal City, and Albert G. Kenyon, To-day the nviators leave Hongkons granted; there will be an order for re-and a very strong cast of players is stitution of conjugal rights to be obeyed responsible for the presentation of the for Blacno on the Portuguess gunboat in 14 days after service, with costs.

NOT FLYING TO MACAO.

ANOTHER MACHINE ENOPTAINABLE,

tried by Mr. Justice Shearman. The eviter in this way because it would he most point. Bava" which Paton in direct Led nt the residence of the Portuguese

She made false accusations against her it. There is no reasonable cause here for was, prepared in scenario form iry Rethe idea of flying to Macao. It has been

husband and wrote affectionate letters to other men she had written letters which no modest or sensible woman would have written. but it is not suggested that there (Continued on pezt column.)

play.

machine.

Patrio