1930-07-22 — Page 2

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HONG KONG DAILY PRESS, TUESDAY, JULY 22, 1930.

DIVORCE ACTION

DECIDED.

"The whale question of the exer vise of this discretion hag recently beba dealt with by Lord Merrivale,' the President of the Probate

JUDGE REFUSES TO EXER-Divorce and Admiralty Division in

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CARNERA-CONSCRIPT:

WANTED IN FRANCE.

Primo Carrera, the giant boxer,

a considered judgment in the suit DUE FOR MILITARY SERVICE. Apted 2 Apted & Bliss. This judgment is repored in The Times NOTICE OF APPEAL GIVEN DY newspaper of May 20, and after stating that it was not possible to PETITIONER.

formulate and limit with precision the grounds on which discretion Shanghai last week Judge G. W. Was to be exercised, goes on to say King gare bis considered judgbe gathered from cases which were

In E. M. Supreme

Court,

ment in the divorce case Cecile Laval Toeg 2, David Lionel Teeg, hearing of which was was conclud- ed on July &

that certain broad principles could

cited. The judgment then deals with many decided cases and lays down that on a review of these cor- His Lordship said that in view tuin principles appeared: The in. of the circumstances he could not.terest of the community at large in exercise the discretion of the Court

in favour of the petitioner, against whom adultery had also been prove

ed. He refused a decree nisi,

Notice of appeal was given by

Mr. Tycho Wing, Counsel for the

petitioner. Mr. A. M. Preston" re- presented the respondent.

In giving judgment, his Lord ship said;-

maintaining the sanction of honest

matrimony was a governing con sideration; a strong affirmative ease was necessary before a Judge was justified under the statutes in

giving their conditional prori

bition; it was manifestly contrary to law that a judicial discretion:

in favour of a litigant guilty of

misconduct in the matters in ques-

tion should be exercised where that course, would probably encourage

।-- -

£1,400 LOST ON THE DOGS.

FATE OF WOMEN'S DERBY, SWEEP...

How an accountant, to cover deficit in his petty cash, botted on dog races and go deeper and

described recently at Marlborough deeper into difficulties until he had robbed his employers of £1,489, was

disagreement between France and may be the cause of a diplomatic Italy, for he has just been sun-street polies-court. moned to serve as a conscript with the French Army,

The recruiting board of St. Ger- meia-en-Laye, near Paris, found that Carnera was "it for military himself for enlistment he will be service," and unless he presents liable to arrest as a deserter should he set foot in France.

Call to Colours,

Herbert Arthur Royle, 26, ef Alwyn-road, Canonbury, was chary- ed with stealing from Mayfair Clubs, Ltd., £35 10s. 7d., and em- bezzling £30, £281, and £1,166 be- tween April 10 and May 93.

Ho pleaded guilty to the charges involving £281 and £1,188, and the others were withdrawn.

Mr. St. John Hutchinsod said i Royle was employed as an account- The French Government has cal- aat at a women's club at £300 m led Carners to the colours because year, with very good prospects. In- he became a naturalised French stead of banking the club's takinga man last June, but the Italian daily he held up some of the money. Government does not recognise bis He embezzled E1, 189 within a month naturalisation.

or two... 6 "Once an Italian, always an 1 The Sesi referred to a Derby Italian," stated an official of the sweep got up among the women Italian Embassy in Paris.

njembers. He spent the whole of the money. The £30 was taken from the employees holiday fund, and on his own confession he took £150 from insurance atamps cash.

It is pointed out that Carnera

travelled to the United States with an Italian passport, and when he was received by the Italian colony in New York he said he was not a Frenchman.

"This is a euit by petitioner for dissolution of her marriage, which took place on June 1, 1923, in the immorality, v and if it was likely poverty and worked. first as a car-

Registrar's office, at Hong Kong, and of which marriage there was issue, one son born at San Fran- cisco in March, 1925:

"The grounds for asking for the dissolution are sets of adultery committed by the respondent at Shanghai in May of this year.

The Parties.

"The petitioner before succeeding. in her petition must satisfy the Court as to the domicile of her hus band and as to the acts of adultery alleged. Further, as she states in her petition that she herself has been guilty of sexual intercourse with a man other than her husband, sbe must show such a state of affairs as will induce the Court to êxercise its discretion in granting her petition.

"Before dealing with matters it is desirable to say something with respect to the parties in this suit.

"The respondent, the husband, was born in Shanghai and is re gistered in his Consulate General as a British protected person; he is not a British-subject.

"The petitioner, the wife, was born in Missouri, United States of America, and as her busband not being a British subject could not by marriage confer British nation ality on her, she, it would seem likely, is still an American citizen, "The marriage between these two people would appear, except for the Erst two years, never to have been a happy one, and they separ- ated in 1926, after that living to gether only for brief periods. In 1997 the petitioner "obtained divorce in the Second Judicial Court of the State of Nevada in and for the County of Washoe. All I need say about this divorce is that, however binding it is on the petitioner it does not effect the position of the respondent in repect of his marriage at Hong Kong in 1923.

&

"To turn now to the matters on which the petitioner must satisfy the court, namely, domicile of the respondent and the alleged acts of adultery by him.

"I am gatised from the evidence of the respondent that he is domi- ciled in China, and he would ap- parently seem al is to have been. sodomiciled.

ཀ

Misconduct Proved. "The petition set out various. acts of adultery, but evidence was only offered on two acts on the nights of May 9-10 and May 12-18 at 187 Bubbling Well Road, Shang- hai, in flat No. 47. The evidence of Mr. Luchich was satisfactory, enough as to these acts, but it was not supported by the Chinese house boy employed in the flat.How- ever, any doubts I might have entertained are dispelled by the letter of the respondent to the peti- tioner and dated August 22, 1929, Ben satisfied that the respondent |"has committed adultery."-

"It remains then to determine the question whether the Court should exercise its discretion in favour of the petitioner, she baving committed adultery herself.

to do so that was an argument. against leniency.'

"How, taking these principles as a standard, how does the conduct of the petitioner entitle her to the exercise of the discretion of the court in her favour!

Marriage Unhappy." "As I have said, this marriage does not seen to have been a happy one except for the first two years, and I would add that the marriage tie seems to have been treated light- 1y by both husband and wife. The letter of August 29, 1999, already

referred to is not pleasant read- ing. The reason given for the adultery of the wife in Harbin arems to be inadequate; she was not forced to this line of conduct by anyone and appears to have been

willing agent. I cannot see how the interest of the community in maintaining the sanction of honest matrimony is served by acceding to her petition, por do I consider

strong affirmative case has been made out. Finally, I consider in this case that to exercise a discre- tica in favour of the petitioner would probably encourage immor- ality, in that if it were acceded to

would not deter other wires de sirous of divorcing their husband from behaving in a similar manner to the way in which the petitioner. has behaved.

the child of the roarriage, It is "Finally, as to the interests of

laid down in Wilson v. Wilson, 1920, Probate p. 20, that it is ra terial for consideration how the in- toreste of children are affected by the petition. I cannot see how the position of this child would be im- proved by granting a decree niti.

"I do not see my way to exercise a discretion in her favour, and I must refuse a decree."

ADVICE FOR INVESTORS.

1:

READERS are reminded

that inquiries relating

to the share market are answered on page 19 every Tuesday by Kufan” · Let- tera should be sent to this cffice, and must be accom panied by the coupon appear- ing below, bearing the writ er's „hime, and address, not for publication Letters should be addressed to “Kufan,” care of the Editor, Hong Kong Daily Press

Nama

14

KUFAN COUFON,

Address

H.D.P.1]

#1

Carnera came to France

penter and then as a mason, The French heavy-weight boxer, Paul Journee, found him in a fair near Arcachon, and thought he might develop into a prizefighter.

Carpera became naturalised be- cause one of the men for whom he had worked as a mason advised him to do so.

This man said that if there was any unemployment in France the foreigners would to expelled and Carrera would then have to go back to Italy,

When questioned he replied, "I have lost it all on the dogs. I had as much as £40 on a dog."

On prisoner's behalf Mr. Garsia denied that all the money wALS taken for gambling. Royle, found himself, between £35 and £40 short in his petty cash through careless- ness, and took money to put the petty cash right. To balance this he took other" sums and put them on the dogs, only to lose. Then he embezzled further sums, and lost again. He bet not only in £30's but £150's.

Royle was sentenced to 3X in the

montas imprisonment

second division...

CHILD HAD BAD CASE OF ECZEMA Formed Sore Eruptions. Healed by Cuticura.

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His hair fall out, and we had to tie his hands to keep him from acratching. He had it for nine months. "I read an advertisement for Cuticura Soap and Ointment and sent for a free sample. I purchased more and in two months he was healed." (Signed) Mrs. E. Rickerby, 2, Quarry St., Fletchertown, Carlisic, Cumb., Eng.

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