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Mr. Singleton added that ulti-
"ENTICING" A WIFE mately Major Capel-Smith's health
AWAY.
MAJOR SUES MAJOR.
DIVORCE SUIT ABANDONED,
11
A remarkable story of an officer's allegation that his wife had been enticed away by a brother officer WAB related before Mr. Justice Swift and a special jury in the
King's Beach Division.
The plaintiff in the action is
broke down and he retired from the Army with the rank of major.” His life had been ruined and his home broken up and he claimed substan- țial damages accordingly.
Major Capel-Smith gave evidence in support of Mc Singleton's statement and stated that he had aiways been devoted to his wife, whose parents, he thought, were wealthy people who lived at Edgba1- ton, Birmingham.
His primary object in trying to get abroad on service was to get my wife away from Dyer as soon
as possible.
WHAT STRIKES COST.
£1,000,000,000 THIS CENTURY.
LABOUR MP,'. ESTIMATE.
PROGRESS TOWARDS PEACE
IN INDUSTRY.
A further big advance in the Major Dyer's Tears.
cause of industrial peace was made Mr. Singleton: Were you pleased at the Mansion House on July 9th, Major Ritchie Capel Langstaffe at the prospect of going to India when an influential gathering of Capel-Smith (retired), R.A.S.C.ed the only way to get my wife all political parties, and of capital Not exactly pleased. But it seem- men and women, representative of of Rosary-gardens, Kensington, sway from Dyer who when he saw
and labour, unanimously passed a W, and the defendant fajor Ber- me off at the railway station ap-resolution that the work of the In- peared to be vary, sorry, - He was nard A. B. Dyer, of the Moorings, erying, and the tears rolled down dustrial Peace Union of the British Farnham, Surrey,
Major Capel-Smith is suing. Major Dyer for damages, alleging that he induced Mrs. Capel-Smith to live apart from him. This allegation Major Dyer denies.
The case for Major Capel-Smith was opened by Mr. Singleton, K. C., who said he proposed to call evid enge to show that Major Dyer had been responsible for a set of cir cumstances which had brought about the dissolution of Major Capel-Smith's home and ruined everything that was dearest to him.
Son's Godfathar.
his face when the train went out.
Asked why he instituted divorce proceedings, Major Capel-Smith said his object was to break this liaison with this man Dyer."
His reason for not proceeding with the petition was that he loved his wife, and would not divorce her. There were other reasons, but that was the chief one. Major Dyer was
single man. Major Capel-Smith added that he was spending £500 of his £1,000 gratuity in financing this action against the man who had smashed
his home.
Cross-examined by Mr. Norman Birkett, K.C. (for Major Dyer), Major Capel-Smith said his con- duct to his wife was quite normal. It may have been abnormal in that he worshipped her."
Mr. Birkett: You were kindness
Major Capel-Smith was 33 years of age; Major Dyer was some years his senior Major Capel-Smith joined the Army Service Corps in 1914 as a private. · In 1915 he was invalided home with diphtheria, and it was then that he met the woman who afterwards became his itself. Your (anguage was always wife, They were married at All decent and proper --Always. I Souls Church, Marylebone, N.W.might have said, ** Damn the After service abroad, Major thing" if I burned my fingers Capel-Smith, who had meanwhile with the soldering iron. been given commission, joined his regiment at Aldershot, where he met Major Dyer, his command ing officer, Major (then Lieut.) Cspel-Smith's income was £390, while the wife had private means of £900 a year. As their prospects were good, she and her husband had. no financial worries.
You
were jealous of her Jealous, I should think I was adored her.
I
Mr. Justice Swift: Do not, get excited, but answer questions in a
temperate and proper manner and keep calm.
Major Capel-Smith said he claim ed damages against Major Dyer in After a time Major Dyer became the divorce petition in the hope. very friendly with Major Cape-that when he was faced with such a Smith and his wife, and when a son claim he might give fra Capel- was born in 1921 he became the Smith up. boy's godfather.
Mr. Birkett: Tell me, did you dress up in your wife's clothes Yes, I did, but not in the way you are trying to suggest. I put on
Mrs. Capel-Smith, continued Mr. Singleton, was fond of dancing. Her husband was not a dancer, so
Major Dyer was her escort once a week. The dances became more frequent as time went on.
In 1923 Major Capel-Smith had a serious illness and went into à nursing home Major Dyer and Mrs. Capel-Smith visited him, “but refused his invitation to stay to That began a period of suspicion..
tex
On his return to duty Major Capel-Smith noticed that his wife began to stay out until 9 a.m, with Major Dyer.
On one occasion Major Capel- Smith was wakened by a motor-ear being driven up to the house about a.m. He waited for nearly half
Empire and of the Empire Trade
League should be combined and extended.
The Lord Mayor (Sir Charlee Batho) was in the chair.
Speaker after speaker emphasis fed the high" cost and futility of in- dustrial strife, and the same note was struck in the telegrams" and letters, in support of the move. ment, eent by the Premiers of Aus- tralia, Canada, and New Zealand. Mr. J. Havelock Wilson, the sea men's leader, in a letter, mentioned that the recent maritime strike in Australis bad cost £800,000.
One of the greatest factors in the prosperity of the United States, said Sir Robert Horas, M.P., was the movement that had taken place for the elimination of waste. The greatest waste in this country was caused by the perpetual strikes. A Labour member had told him that be estimated the cost of these to
the country during the present cen- tury as being over £1,000,000,000.
Nothing Achieved. The mere interest on that eum, added Sir Robert, represented 8d in the £ income tax, or twice as large sum as that which Mr. Churchill was now trying to realise from the petrol tax. As a capital sum is would have produced work
for a vast body of workmen, and this country such as we should and
brought a wave of prosperity to
It dieult to imagine.
The Labour member went on to day, proceeded Sir Robert, that as all these strikes had brought about far as he could judge, not one of any achievement for the working man which could not have beso These strikes got without them. had affected the cottages as much as the castles. They had brought discomfort and misery and distress into every region of the land. They Did you put on her dresses -No. had checked and impeded the pro- Did you wrap them round you ?gress on which the happiness and contentment of the workers and Major Capel-Smith disputed whe. the employers standi. ther his wife had ever said she would rather die than return to Mr. Birkett read from one of Mrs. Capel-Smith's letters:
one of her hats but not in a spirit af jeating at all, but because I am. perhaps, sentiment
No.
him.
I despise you so utterly because you have behaved to me for years in a way I never imagined any man "could have done. I would rather be dead than return to
you.
The Earl of Denbigh (President that the only way to bring the of the Industrial Pesce Union) said facte home to the general mass of the people was by propaganda, Biblical text,
Sir Ernest Bena ́said that the It is an honour for a man to cease from strife, but every fool will be meddling, might' with advantage, be sent to Mr. Maxton. and Mr. Cook. Labour, he added, had had a little too much of the stage in the last dustry. We should not allow the working man to forget that it is often more difficult to sell article than to make one.
NOTHING FOR MRS. PACE.
QUESTIONS IN PARLIA MENT.
לי
· INQUEST VERDICTS.
NEW YORK'S "ALIMONY CLUB."
A GOOD TIME FOR THE' 'DIVORCED MAN,
LUXURY AND INDOOR AMUSEMENTS.
NEW YORK.
Then he is carried off to the luxurious new Alimony Club and
Mr. Purcell asked the Prime If a divorced man wishes to have Minister in the House of Commons a good time in New York he refuse on July 9th whether he would con- sider making compensation to Mrs. pay alimony. Pace, the Coleford widow, who had been under police surveillance since January 10th, subjected to severe examination by Scotland Yard interned until he does pay. Some inquiry, arrested on a charge of Here are all the comforts of a officers, and a protracted Coroner's never
Why should they?
period, and compelled to undergo murder, kept in prison along easy like.
pay.
There is no work. Exercise is
all the anguish and terrors of certainly a little confined within a capital charge, and had been re- leased, no case having been proved yard, but the sky is overhead and against her,"
menu::
day's
Breakfast: Porridge, pread and batter, coffee.
Dinner: Roast beef, potatoes, spaghetti, bread
in wet weather a large recreation ball offers a comfortable place for He also asked, amid cheers, whe-indoor amusements. Radio is in- ther the Prime Minister would installed, and in Ameries one can stitute a public inquiry into the listen-in throughout the day and position and powers of coroners, for the night and whether, in the public interest, in view of the heavy expense in forgo sleep. They have comfortable Not that alimony prisoners need volved in ensuring adequate legal beds with mow-white sheets and defence, provision could not be pillow cases Shower baths are ca made to guarantee poor persons, each floor and inmates bathe re- particularly those implicated in charges involving life and dent, gularly each day. Here is the fullest possible legal and tech- nical assistance free from all costs. "Dus Consideration." Sir T. Inskip (Attorney-General), who replied, said: In regard to the two last questions, I am not prepared to give any answer, except that these matters will receive due consideration by the proper autho rities. In regard to the question of compensation for Mrs. Pace, who poverty, merely perversity that has been acquitted by a jury after makes a man or woman obdurate a careful and admittedly fair trial, against paying hard-earned money there has been no departure from to an estranged wife or husband.. the ordinary course of the admini- tration of justice. In these ciccum stances it is most undesirable, "in the interests of justice generally, that any proposal for compensation in this case should be entertained.
Mr. Purcell Is there really no sense of decency of the part of the
Supper: Bread, prunes, tea, with rice and apple sauce upon request.
There is no rule against adding to this frugality by those who wish. To be in the club does not mean
·JUDGE'S CHANGED MIND.
BOGUS. COUNT NOT, TO MIX WITH OLD CRIMINALS.
Government? (Conservative cries Sir Henry Dickens, K.C., the of "Ch:) I repeat, is there no Common Berjeans, at the Old Bai sense of decency on the part of the ley altered the sentence of 29 Crown, in connection with the case, months' hard labour he passed the which has resulted in half a previous day on Henry Anderson members of the public who are in 2 months in the second division. woman's home being, destroyed by Conroy Irving Eustace, aged 2, to Is there nothing to be done for the a morbid sense out for sightseeingi
Eustace was found guilty of try. woman who had been thrown into ing to cbtain nearly £7,000 frem
■ Doncaster prison without an atom of evidence Me, M.. B. Stirling, that she was in any sense reapon widow. It was stated that he had sible for the crime? Will the Crown posed as Count de Boulogne, and look at the depositions and see who had obtained large sume from other ther the case ought ever to have been women. brought against this woman
44 Inhuman. Torture," Sir T. Inskip: I will took into the depositions, and if Mr. Purcell had have given me an opportunity of postponed his question it would looking at the evidence.
Sir Henry pointed out that hard labour might do the youth serious injury New criminals sent to the second division did not have to mix.. with old criminale as they did when ed the warders to tell Eustace of undergoing hard labour. He direct
the alteration in the sentence.
Mr. Will Thorne; Is it not a fact that if the coroner had accept- ed the jury's verdict in the first instance. this woman would have HONG KONG METEOROLOGICAL been prevented from suffering this inhuman torture!
Mr. Hayes: Will the Attorney. General bear in mind that an ex
an hour, and then ascertained that he had dragged his wife about by few years on this question of ingratia payment of £300 was made
his wife had not entered the house. He walked to the garage, and there saw his wife and Major Dyer sitting in the car with the lights out and the side screens up. When they heard his footsteps the lights were turned on.
In
Scana At A. Dance. August 1926 he" obtained
service in India and arranged for
his wife to follow him out.
13
REGISTER.
Hong Kong Observatory, Angust 2
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at 2 p.m. 6 a 3 p..
29,80 02,61
29.57
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83
.92
60
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Dirmation WSW Fort
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Major Capel-Smith denied that her necktie until she was nearly
obviously the question of justice to an ex-officer [Major Bell), and strangled. He recollected an casion
ec when she said to him,
does arise where a poor woman has Barometer,.. while their son was playing in
been tried and acquitted of the Temperatur the garden, that she did not love
horrible charge of murder.
Humidity / Other speakers included Mr. L. the boy Dickie very much. He was S. Amery (Secretary of State for desirable to enter into a discussion
Sir T. Inskip: It is very un- Wind a little annoyed and simply said: the Dominions and Colonies); Mr. "Darling, don't say such a thing. J. W. Beaumont Pease (Chairman of & case in which the person in He denied that he threw a jug of of Lloyds Bank), Mr. J. P. Houfton question has been fully acquitted. water over her, and denied that be (Director of Bolsover Colliery Co.); ed was a case in which there had cbjected to her going for a day's Mr. W. L. Richens (Chairman of been a conviction. shopping expedition with women Mesers, Cammell, Laird, and Co.), friends. "But," added Major Mr. W. W. Paine (Director of Capel-Smith, "if you mean with Lloyds Bank) sad one particular woman I did object, Colonel Sir J. Norton-Griffiths. for that woman has since broken up her own home."
About that time--September 1926 -Mrs. Capel-Smith went to a dance with Major Dyer, and Major Capel- Smith called to bring her home. He was seen by Major Dyer, who said to him: "What have you come Mr. Birkett: Give us her name? here for?" "I have come to take Major Capel-Smith: No, I will my wife home," replied Major not in public. I will give it to the Capel-Smith, to which Major Dyerjury in confidence. It would not be retorted: "Don't you come any of fair to give her name. She is the your funny tricks with me. You wife of a fellow officer." forget whom you are talking to: To that Major Capel-Smith replied, "Well, if you must be offensive you must be. I have merely come to fetch my wife".
Calls At 9.30 AM.
L
Man Who Flirt.
Did you ever send messages of an abusive character to your wife by gervants when you were dressing 1– You are in error.
Did you not write one that rag About that time, said Mr. Bingle-Come upstairs and tie my tie ton, Major Capel-Smith told Major you—Oh, no, I never did. Dyer that he had heard that he was Did you abuse her to your little calling on his wife at 9.30 a.mson Never. after he (Major Capel-Smith) had gone on duty, and reminded him don't want that woman to bath Did you tell your little boy, "You that there was no excuse for such you "-Certainly not, My son, conduct. "It appears that your even now, says the prayer I taught conduct comes between husband and him: God bless Daddia and wife," he told him. To that Major Mummie, and send Munie back Dyer said he was sorry and would to us again. not see her again...
Did you throw a tray of crockery at her No.
Estaried Post Haste.
In September 1928 he left for India, hoping that his wife would soon join him. However, something hr heard brought him home again pont haste.
Mr. Birkett read a letter which Major Capel-Smith wrote to his wife from India, extracts from which were:
M
Weather ... Hafn The case which Mr. Hayes mention
Captain Streatfeild: Is the Lieutenant-Attorney-General aware that, what- ever the coroner's jury may say. there is no getting away from the degradation and suffering caused to the persons subsequently acquit- ted, and would be consider care fully, in cases where this intense suffering is undergone by persons accused erroneously on the capital charge, whether these cases should not be carefully considered by" the' Government with a view to compen sation i...
You tackled Major Dyer, you say, about the number of dances he had taken your wife to, and he wrote her a letter 7-Yes, I took the letter
to her.
And she told you that she had never been so humiliated in her life-She did my that. She was distressed.
Z.
*
0.00
Highest open-air Temperature, Fat:93 Lowest open-air Temperature, 2nd:83
B-Blossky; O-Ulondy; D= Drissle; F-Fog: L-Lightning;
Mini; O-Overbart; P-Passing showers; Q-Equalls; É-Bain; T- Thunder.
HONG KONG TIDE TÄHLY,
Frein August 3rd to 9th, 1928, HION WATER.
Mr. Hopkin Morris: In view of You served a divorce.petition an the fact that the verdict of the your wife and Major Dyer when coroner's jury remaias on record, you came back from India. In it will the Attorney-General take steps you charged your wife with adul to have the verdict quashed," add terous conduct. Did you expect her does he propose to make an amend. Fri. to come back to you after that 3- ment of the Jaw relating to Yes, I hoped she would. The serv-coroner's juries, limiting the powers Sat. mistake. I regret it more than any the cause of death only, leaving the ing of those divorce papers was a of a coroner's jury to inquiry into Bua. body, but it was done on the advice verdict to be inquired into by Mas of my lawyers.
magisterial and assize courts ?
I thought the divorce papers. would scare him off," added Major Capel-Smith
Did you think he would never face the action?-Yes. I had done all I could to get my-wile back and was forced in the end to take strong action. My home has been wrecked by this man's roscality.
. During a legal submnimion by Me Birkett that the question of adul- tery was strictly irrelevant to the action, Mr. Justice Swift aid he did not think an action such as this had been tried in the courts sinod 1657.
Date of
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***I Have No Power." Sir Thomas Inskip: Everything wed. will be borne in mind. I have no power to quash a verdict of a coroner's inquest. The proper pro ceedings, in accordance with the usual administration of the law, were taken as a result of the verdict want you out here, but how
returned by the coroner's, jury sad the law to amend the law so na wy I dread it because the men bere
the committal by the magistrates of limit the findings of the coroner's flirt with all the women who are
the accused person in question on jury to the cause of death alone t not their wives." I am so jealous
the particular charge. I do respect- Sir T. Inskip: Whether it is Your little husband lives only,
fully suggest that it is undesirable desirable or not, it is not a proper only for you, and adores you and
to discuss the verdict of comple's subject for question and answer thinks you are absolutely income
acquittal which this lady has re without due opportunity for con parable with any other woman shall hold that the jury can-ceived, and sidering this important matter.
which thi who has been born,
not give damages for the adultery,” ***Mr. Hopkin Morris: Apart from The Attorney-General, replying to-
• Mr. Birksit suggested that that added Mr. Justion Bwift. What the facts of this particular case, Mr., Hore-Belisha, said : *** There... Mrs. Capel-Smith had not re-letter showed that he was insanely they can consider is whether by his here are two verdicts; the verdict are certain cases in which costs joined her husband. He had writ-jealousy action Major Dyer has enticed away of the coroner's jury finding the may be allowed. I have had no ten to Major Dyer:
Major Capel-Smith pointed out| Mrs. Capel-Smith and'in' that re- person guilty of murder is reversed opportunity of considering whether I can only appeal to you as a that he wrote that letter while gard the evidence of adultery might at the assizes. That reveals the this is such a case in which the gentleman, to leave. Aldershot. abroad and when he was not too is considered as ope item of satice illogical state of the law. Is it not court might make such an order,” If you will do that I am prepared well in abominably hot weather.
desirable, therefore, in that state of The Speaker stopped further ques- to forgive my wife.
(Continued on next Column).
(Continued at foot of next column) I tions."
Major Capel-Smith had done all he possibly could to separate his wife from Major Dyer, He even served divorce papers, but the ap pearance of those mado no apparent difference, and the patition was allowed to be dismissed for want of prosecution...
bment.
The hearing was adjourned.
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