1937-12-29 — Page 3

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th

ACTRESS SUED BY PART OF OSBERT SITWELL POEM

VISCOUNT

Return Of Toys And

Books Ordered

Viscount Kingsborough, 39, heir. of the Earl of Kingston, was given judgment in Bloomsbury County Court against Miss Adele Royle, actress and mannequin, of Albany streut. Regent's Park, for the re- turn of a number of articles alleged to have been wrongfully detained. The articles comprised a number of books, including seven volumes of the ometal Naval History of the Great War, six or seven miniature locomotives, four miniature; riages and a quantity of rail lines,

car-

carpentry tools and model soldiers and guns.

19

Mr. Cecil R Havers, for Lord Kingsborough, said that his client met Miss Royle in 1929, and in November. 1930, he took a fiat at Wyndham-court, Hallamstreet, W., for seven years.

Miss Royle lived there. and Lord Kingsborough. when in London, lived there with her. He paid all the expenses. and supplied the furniture. He took to the data number of his personal belongings. 'In January. 1938, said counsel, Lord Kingsborough surrendered the lease of the flat to the B.B.C., who nad acquired the block of buildings.

SEALED UP

SUCCESSFUL APPEAL AGAINST' ORDER OF INSPECTION

was: "Is this a work that is entitled

Reference was made in the Court Mr. H.J. Wallington, KC,, for of Appeal to two verses of a poem News Periodicals, said the question entitled "National Rat Week" being sealed up. The other six verses were published in "Cavalcade" on Feb. 13.

Mr. Osbert Sitwell, the poet, ap- pealed from an order of Mr. Justice

to protection or not?" The de- fendants said. "We published a part only of this poem, and the court will look so we submit-at the whole poem in order to see whether

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M

Clauson. who had heard ♫ it is so objectionable as a whole procedure summons in a pending as to be disentitled to the protec-WEDNESDAY, action by Mr. Sitwell against News

tion of the copyright law. Periodicals Ltd., and Sun Engrav- ¦ ing Company Ltd., publishers and plete without the matter which "We say the poem is not com- printers respectively "of "Caval-Mr. Sitwell wants to cover up."

'cade."

Mr. Sitwell alleged that the six verses were an infringement of his.

News

copyright in the poem, Periodicals asked for an inspection

of the whole of the poem and on Oct. 28. Mr. Justice Clauson ordered inspection within 21 days, "other-, wise," he said, "the action will he dismissed with, cost.”

Mr. John Foster, for Mr. Sitwell, said that only News Periodicals

were concerned in the appeal.

In the middle of the poem there

was a part that was sealed up, he sure of that part might tend to in- said. Mr. Sitwell said the discio-

tice Clauson said he could under- criminate him. In fact Mr. Jus-

sald counsel. "If Mr. Sitwell wants copyright protection for his poem he must produce it. If he is "not prepared to produce It because it would tend to incriminate him, Court to protect it." then he is not entitled to ask the.

THE JUDGMENT

Giving judgment, the Master of the Rolls, Sir Wilfrid Greene, said he could not agree with Mr. Justice Clanson when he said that Mr. Bitwell must be prepared to show the whole work, even if there were

matter in it that would tend to Incriminate him.

"I Mr. Sitwell were claiming Copyright in the whole eight

At that time he broke his associa-stand Mr. Sitwell's apprehension.j stanzas he could not claim to cover

tion with 'Miss Royle.

that he might, by the publication of the entire poem, lay himself open to proceedings.

RULE OF LAW

** BREACH OF PROMISE ACTION

In August, 1936, she brought an action for breach of promise of marriage, but on the ease coming

"I submit," said Mr. Foster, Into court she submitted to judg-"that it is a well-settled rule of ment in favour of Lord Kings-law that nobody can be ordered to

borough. with costs.

Lord Kingsborough, in evidence. detailed the value of the various articles. Speaking of the carpenter's tools, he said. "I used to make

some of the models,"

The Judge's

incriminate himself. order was for Inspection of an irrelevant part of the poem, since. the action is concerned with the alleged breach of copyright of six

verses only.

"I say the "whole work" is the work as published and not the complete work as" written. Even

Mr. J. Bodilly, for Miss Royle: Soon after you met the defendan In 1929 you fell very much in love with her? I would not say that. I publish eight stanzas, two of

I liked her very much.

You made her believe that you were going to marry her?—No.

Judge Sir S. A. Hill Belly: That does not seem to touch the question I have before me. You must not introduce it.

up two of them," said the Master of the Rolls. "But he says these six stanzas are his work, and. ft has been infringed. In my opinion Mr. Sitwell has been wrongly ruled out of establishing his pleaded case.

DEC. 29, 1937.

COMMANCING AT 11.00 AM,

AT THE SALES ROOM, DUDDELL STREET

6 Cases Hat Bodies

11

Plane Iron Holders with Screws

4 Cases Milk

1 Case Cobalt Metal (98%) 1 Bundle Lumier

1

1 Carton Colgate's Shaving Cream

Shoe Laces 15 Pails Paint

alio

*

A Quantity of. Empty Brass Cart- ridge Cases, Khaki Conta, Trousers and Shorts, "outs, Leather Girths and Stirrups, Reins, Kilts, Hoactope, etc., etc.

and

A QUANTITY OF VALUABLE HOUSEHOLD'

FURNITURE

also

21 Pieces Bicycle Frames-

(For Account of the Concerned).

"By the Judge's decision he must either incriminate himself or have his action dismissed. In my opinion he is entitled to proceed with his action and to rely on his affidavit that the matter of which inspec-.) tion is asked would incriminate TERMS:-CARB, ON DELITEET. him.

"The defendants are not entitled, in order to establish their case, to which are obscene, and the de- call upon the plaintiff to incrim- fendants publish the same eightinate himself," he added. stanzas, I still cannot be made to Lords Justices Romer and Mac- say whether I published the poem Kinnon agreed, and the appeal or not."

was allowed, with costs.

Asked what was the objection to WOMAN DOCTOR

Mr. Bodilly. Did you ever say to Miss Royle that everything in "that | giving the address, Mias Royle said,

flat was hers?—Not, in my mind.

When you wore staying together at the fat you used to play every night with these trains and guns? -Occasionally.

In

PRESENT OF FURNITURE.

answer to the judge Lord Kingsborough said that he made her a present of the funiture.

Miss Royle was then called. She sald that while at the flat she was In love with Lord Kingsborough. When he purchased a number of the articles he said to her, "These will be a nice collection for you."

She had since sold the articles, as she had no money. She was living with her mother in North London,

"My mother has been very ill."

The Judge: I have never known a witness of any repute refuse it, but does the address matter?

.Mr. Bodilly said that the action was "digraceful and should never

have been brought against anyone in the position of the defendant. Lord Kingsborough had lived with her for all that time, and when he had discharged her he brought an action to recover, toys with which they amused themselves at the flat.

the

Judgment was given for return of the articles within seven days and, in default, payment of £50. Costs were awarded to Lord Kingsborough.'

--

TOGOLAND CAPTURED BY BLUFF

How Irish Subaltern Outwitted

The Germans

THE SURRENDER

SHOT DEAD BY BROTHER

Assailant Then Takes

Own Life

Two Richmond fremen described recently how they were called, in the early morning, to the scene of a double tragedy. The victims, brother and sister, were:

Dr. Naomi Dancy, 49, wife of Dr. John Dancy, of Queen's-road.. and her brother.

Maurice Odell Tribe, 43, an ex- Army officer, who lost an eye in the war and, who was losing the sight of the other.

Fireman Gibbs and Fireman Lawrence both contributed to the following narrative:

"We were

on ambulancé duty when we were called to the home of Dr. Dancy. We found the door open and the doctor and the maid standing in the hall.

"The doctor was in a very distres- sed condition. We had to restrain him. He told us: 'My wife's brother has shot her eyes out and killed. himself. He feared blindness-and was jealous of my wife's eyes,” ·

"We went up to the first floor and haw the woman lying in bed. She must have been asleep at the time. There was no sign of a struggle. "

The story of how an Irish sub- there were enemy forces all over altern. bluffed the Germans into ¦, the place. surrendering Togoland was told for the first time recently by Maj.- The result was that the Ger- Gen. Str Reginald Hoskine and

mans were led to believe that Viscount Davidson at the Ashridge there were 1,500 men, instead of Fellowship reunion at the Bonat two men and a boy. He took an Law College, Berkhamsted, Hert- advance guard of a half company fordshire.

of the Gold Coast West African Sir Reginald said that early in Frontier Force, a white subalter the war he and Lord Davidson and two white non-commissioned used to go to the Colonial Office officers. He sent a white flag into to help in handling code messages. Kamena and announced that he One day they received a message proposed to take the town by from a subaltern in the Came-assault next morning unless it was į pyjamas and dressing gown, with roons, who probably had under surrendered.

"In the bath room we found the body of the man. It was clad in

:

a revolver in his right hand and his command two men and a boy, Next morning, sald Lord David- an open cut-throat razor in his announcing that he was going to son, the Germans decided to į left.. take Togoland.

surrender. The young officer mads. "There was a gash on the right it a condition that they should side of his neck and he had bled pro-"] pile their arma in a square on the fusely. A shaving mirror was placed town by which he proposed to so that he could have seen himself approach, and that the Germans should retire into the centre of the town.

“GENERAL TOGO" Next morning another message arrived saying that he had attack- ed, and that all was well-

H

as he cut his throat,

"Dr. Dancy told us that he was typing a letter in his study when he heard shots.

room

I came out of the study:' he said, and in the bath

ther-in-law. I asked him what he doorway, facing me, was my bro-

had done. He replied that he would kill me too and dred.

"By this time," air Reginald added "we called him 'General

During the night he' had the Togo I do not know his name, whole of his force practising how but I hope he is a general now” to extract bolts from · rifies and Lord Davidson, taking up the the following day he advanced render the weapons useless. On story, said that the capture was with his small party and found one of the most brilliant things the arms piled as he had com- which had ever been done. The

manded. young officer converted his two

He and his escort advanced men and a boy into a "stage army." further, while the remainder of was impossible for a small the force removed the bolts from force to take the capital, Kámena, the rides. He then sent a telegram unless strategy were exercised, announcing "Togoland surrender- The young officer. marched hla | ́ed to me 8 am”. He ended that

'HUSBAND'S PRAYER force up and down the country, and campaign as a major.

"He asked us to go in to make arranged with the natives to run It is understood that the officer sure that she was dead. We told into Kamena and report that was Lt. Col. F. C. Bryant,

him that nothing could be done

It

"I ducked and switched the lights off. The shot went through a window."

"Dr. Dancy added that he ran in to his wife's room.

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WEDNESDAY,

DEC. 29, 1937

CONKENCING AT 2,30 P.M.

AT. THEIR SALES ROOM. No. 85, HANKOW BOAD,

KO LOON

A QUANTITY OF VALUABLE HOUSEHOLD

FURNITURE

Comprising

Black Wood Ware, Teak Dining Room Bed Room. Drawing Room, and. Office Furniture, Ornaments, Pictures, Carpets, Enamel Bath, Cutlery, Porcelain and Glass Ware, Brass and E. P. Ware, Radio Beta, Gramophone and Records, Electric Table Lamps, eto,, etc.

ON VIEW FROM TUESDAY, THX 28TH DECEMBER, 1987.

TERMS: CASH ON DELIVERY.

LAMMERT BROS.. AUCTIONEERS.

for her. He knelt down and prayed, saying What have I done to deserve' this?".

We called the police when we found that he had not done so."

Tribe had stayed with his sister and brother-in-law for a few weeks.

It is understood that treatment on his eye by Dr. Dancy was ap- parently successful.

The names of Dr. Dancy and his wife are well known in Richmond and in medical circles in London.

The wife qualified as a surgeon only a day before her husband-on Sept. 20, 1914. Both took the diplomas of M.R.C.B. and LRCP in that year,

After the war they were both at London University, where took the degrees of Bachelor of they

Medicine and Bachelor of Surgery.

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