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HONG KONG DAILY PRESS," TUESDAY, APRIL 14, 1931.
£300,000 WILL SUIT. CONVERSATIONS ON
LADY. ROSAMOND CHRISTIE WINS.
"DR. TOYE AN HONEST WITNESS."
Judgment in favour of Lady Rosamond Christie, was given by
· Lord Merrivale · in the Probato Court in the action concerning the
Tapeley Park estate of the Inte Mr. Augustus Langham Christie, st Instow, North, Devon. Its value is placed at £300,000. On the question of the costs of the nction. Lord Merrivale reserved judgment.
The question at issue was whether Mr. Christie was sane in 1995 when he executed a will which was sup- ported by Colonel Gerald Baildon Oerton, a Barnstaple solicitor. in his position as executor. Mr. Otho Nicholson, M.P., the residuary legateo under the will, was cited as party to the suit. An earlier will. of 1901 was in favour of the widow. Lady Rosamond Christic.
SILVER:
MR. MONTAGUE NORMAN IN WASHINGTON.
PRESIDENT RESERVES
OPINION.
Washington, April 6-A group of distinguished personages was gathered here to-day when, Bir Ronald Lindsay, Great Britain's Ambassador to the United States, gave a luncheon in honour of Mr. Montagus Norman, the Governor of the Bank of England, and Mr. Andrew W. Motion, the Secretary of the Treasury of the United States of America.
Mr. Norman is visiting Washing fun as the guest of Rear-Admiral Cars T. Grayson, U.S.N., rotired. Admiral Grayson was the personal physician to the late President Woodrow Wilson.
Considerable interest attaches to the presence of Mr. Norman in Washington. For the guiding genius of the "Old Lady of Thread needle Street" is expected to con- for with the Secretary of the Trex
Lord Merrivale, in the course of his judgment, said the questions to be decided with regard to the will of 1925 wore: "Did the Inte Mr. Christie approve its contents, and was he of sound mind when be attached his signature to the will?". The subordinate issues which had been raised touching the life of Mr. Christie, the conduct and character of his wife, the pro-sury, Mr. Melion and President fessional conduct and moral char- acter of his medical man, had come into the case to be investigated, so that it was not surprising that, with all possible economy of time on the part of counsel, his Lord- ship did not recall ten minutes that had been wasted during the three weeks the trial had occupied.
Terrible Contest."
"Behind the will is the torrible contest which developed in court," declared Lord Merrivale, in review. ing the various matters which had been raised. The speech delivered by Sir Patrick Hastings, K.C. (for Colonel Oerton), was, his Lordship continued, the most powerful which he had heard at the Bar.
Before 1914 Mr. Christie was. a remarkably vigorous man. Dr Toye was his doctor up to the date of his death,
Hoover regarding the silver situa tion and the effect of white metal values, badly depressed, an world
tinde,
Dišćaksion on Silver. Plans are also being made for a conference betireen Mr. Mellon, Mr Norman and Mr. Eugene Meyer, the Governor of the Federal Reservé Board. Other officials who
are vitally interested in trade, finance, inining and the interna tional and diplomaatio, aspects of the silver problem will also par ticipato, in all probability, in the impending informal discussion of the white metal situation.
Meanwhile, the White House ia, "LE Dr. Toye," continued Lord maintaining a complete silence as Merrivale, is a man of decent to President Hoover's attitude to honesty and character he is, of ward the request of the Senate equrac, one of the most important that he take steps to deal with a Bources of information, and if he is a man of dishonest character re- fluctuating silver market and if ady to take an indirect course, no necessary convene an international matter upon what inducement Jan-silver conference to consider the guage fails to clinracterise the depth of mental depravity which ho had reached. That kind of topic is the subject of inquiry here..
"One of the subordinate issues is whether Dr. Toyo is an ordinary medical man doing his beat for his patient,
or whether he is as thorough-paced a scoundrel as cun be well conçoived. An intermciliate view, which has not been pressed, however, is that he may be a well- meaning but a mistaken man who does not know insanity if he sees it, and may be led to suppose, a man insane who, in fact, is not insunc,"
|
COLONEL SUED
AFTER SCENE.
+
"HE CHASED ME ROUND THE ROOM.!!
CASE SETTLED ON THE JUDGE'S SUGGESTION,
A settlement was reached at the Sussex Assizes in the action in which Davenant Fullor, áged 89, of independent means, Marine Parade, Brighton, sued Colonel Henry Vis. count Bailey, tho secretary of the Now Club, Preston-street, Brighton, for damages for aault and false Col. Bailey, denied imprisonment. the assault, and counter-claimed for! damages for slander
On the judge's suggestion, there was a consultation between partice after Mr. Fuller and Colonel Bailey had given evidence. It was then announced that the jury would not be troubled further with the case.
frey Lawrence appeared for Mr. Fuller and Mr. J. Flowers and Mr. Eric Neve for Colonel Bailey,
Mr. J. D. Cassals and. Mr. Geof-
They
Mr. Fuller stated that he had been a member of the club for 20 years. On May 5.ho met Dr. Copeman, a member of the committee. had a conversation about the staff of the club during which Mr. Fuller said he saw the secretary dining at the club with two guests and naked who paid for them. Dr. Oh, he pays,"" The Copeman said, aame day Mr. Fuller visited the club and saw Colonel Bailey, who told him that Dr. Copeman had said that he (Colonel Bailey) had been entertaining guests at the ex- pense of the club. To this Mr. Fuller replied that thero wan no truth in it. The following day he received # letter from Colonel Bailey demanding a withdrawal and apology. Mr. Fuller wrote and denied that he had said Colonel Bailey had entertained visitors at the expense of the club.
Chased About the Room. Mr. Fuller said he visited the club on July 18, and when ho was leaving in the evening Colonel Bailey camo into the clonk-room, slammed the door, and said, "I too long. I will now give you have been waiting for this apology the worst thrashing you have even Colonel Bailey had in your life.' chased him up and down the room with his fists up, a called him a liar and a skunk, At Colonel Bailey's dictation Mr. Fuller, who said he was "all of a shake," wrote a letter saying there was no founda tion for what he had said, but he told Colonel Bailey that there was no truth in it, and that he had written something he did not ac knowledge.
Colonel Bailey thereupon said: "Every one of the committes days you are the biggest liar in Brigh-
value and uses of silver as money The President is not yet in poston."
Raion of reports regarding the silver situation, from various Gay erpment departments and until he receives these reports he will not determine what his attitude will be, toward the requests of the American. Senate,
It is believed that benuse of In- dia as 'a factor in the world silver situation the President, will pro- reed cautiously in deciding whe ther the American Government na sich should interfere in any way. the white metal commodity mar- in ket. It is likely that the nature of In June, 1924, Mr. Christie had
the discussions which are to take Krave illness, and Dr. Toye certi-place in Washington while Mr. led him to be insane and as
Norman is here will never be made public.
person proper to be removed to A Place for mental trentanent. That: had been the main subject of in- vestigation, and as to which the attack on Lady Rosamond probably took its gravest form.
Attack on Lady Rosamond.
RUMANIAN CABINET
RESIGNS.
"What makes the gravity of the
Bucharest, April 4.-The Rumani-. attack on Lady Rosamond so X- en Cabinet his resigned. Its posi treme and absolute," continued tion had of lato been considerably Lord Merrivale, "is that it is venkaned beenuse, although com- charged against her that, know-prising members of the National- ing, as everybody knew who was Peasants Party, it had failed to re- familiar with him, that her hus Heve the distress among the agricul band was sane, but with an over-tural population. King Carol has whelming desire to have the consent a telegraphic roquest to former trol of his estate, she dishonestly Premier Mirotiescu, who is at pre- procured her appointment as resent Rumanian Minister at London,
river, and instead of being proof to return and to form of the, inespneity of the testator Cabinet, when the facts come to be examin el, it is proof of the wickedness of his wife, That is the substance of the charge against Lady Rosa: mond."
a new
"I have to look at the case ob the broad gücstion of sanity, and to arrive at a conclusion I met Ho (Lord Merrivale) had to con- decide whether Lady Rosamond sider all the matters that had been and Dr. Toys' are people who wore rained in relation to the issue that doing their best in circumstances hero, it was alleged, was a man indescribably difficult or whether whom people knew to he sound in they were animated by a design mind, but physically disabled; and formulated by Lady Rosamond and subject to awful tyranny which was carried through with the help of calculated to drive a man mad. By the sloutalound, of Bideford-p November, 1024; the whole district man who was not fit to direct the was aflame with rage against Lady fortance of dog or whether they Rosamond, because it, was said, she believed what they now came, here had reduced her husband ta a to say.
In reply to Mr. Cassels, Mr. Fuller said he would not have writ ten what he did if he had not been frightened.
day's
"Have you ever dono work in your life," naked Mr. Flowers, in cross-examination, to which Mr. Fuller replied: "I have been secretary of a tennis club and played tennis."_
Mr. Justice McCardie asked: "Is that work?" amid laughter.
Mr. Fuller denied, that he unid to Dr. Copeman, "We shall never do any good until we get a new sécretary."
to
He further denied that, after a reference by Dr. Copeman Colonel Bailey's low wages, ho aaid:"He jolly well makes up for it in other ways."
Followed Into Cloak-Room. Coloniel Bailey, in evidence, after speaking of the conversations with Dr. Copeman, nid that on July 18 he followed Mr. Faller into the cloak-room and said
"I want to settle this matter of the imputation you have made against me and I wish you to withdraw it."
Mr. Fuller said:
"I never said a word about your honesty or entertaining your friends or relations in the club." Colonel Bailey said:—
This things going, to be settled. You are either going to write a withdrawal of this charge or I am going to give you a good hiding,**
At last M, Fuller admitted he had said something, but it was in. the nature of a question, and he ultimately wrote a withdrawal..
Colonel Bailey denied that ho chased Mr. Fuller round the room.
"Like English. Gentlemen." Mr. Justice McCardie said the point arose as to whether... the parties wished to have the jury's verdict or whether, like English gen tlemen, they could adjust the matter between themselves.
After counsel had conferred; MF. J, D., Caanola, K.O, för Mr. Fuller, said that the jury would no longer be troubled with the case,
state of ignominy-pitiful-helplose-have the evidence of Dr Toys, ness for her mercenary ende and I believe him to be an honest Whatever else right he said about Witnesa Tostator, was suffering "Mr. Fuller Batly denies having Lady Rosamond's conduct, she be from a progressive disease, which made use of any work which con haved like a capable woman in bun- affected his mental faculties and veyed the meaning of an accusation nes, and the correspondence show deprived him of the means of ed that she did not desire to put knowledge and the capacity for against Colonel Bailey in the con-
vorsation with Dr. Copeman, money into her own pocket.
judgmont which were necessary for "Ho always has regarded Colonel testamentary capacity. With ro- Bailey as a man of honour, and gard to his wife and son, whom still so regards him.” the will of 1925 was intended to Mr. John Flowere, on behalf of dispossess, he had an insane delu-Colonel Bailey, said: sion that they hated him.
- Hasband's Affection.
As to the relationship between Lady. Itosamond and her husband, Lord Merrivale was satisfied, by withosate ho had given accounts of what happened indoors, that in the intervals of his violent out breaks when he was dangerous to his wife and utterly, incoherent Mr. Christio appeared to have as much affections as he ever had for
her.
Lord Merrivale, having arrived
14
The Colonel's honour has been
.
at those conclusions, proponed cleared in this matter and with against the will of 1925 and in regard to the incident of July 18 by desires to say that at that time he favour of the will of 1901,
was suffering under a sense of wrong, He does not attempt to justify what he did, on; that day, I and tenders his apology to Mr. Faller for what took place.
Counsel addressed the Court on the question of costs and Lord Merrivale reserved judgment to this matter.
"
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