1928-06-02 — Page 5

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SATURDAY, JUNE

HUSBAND WHO KISSED A FRIEND OF GOETHE.

HIS WIFE.

WAS BOUND OVER FOR

·· BREACH OF PEACE.

A husband who? (in counsel's words) was guilty of the "enormity of kissing his own wife" brought an appeal in the King's Bench Division recently,

LATE GRAND DUKE KARL AUGUST OF SAXE-WEIMAR.

[By, Professor M. Diersche.]

Every great genius may be said to be a citizen of the whole world. We are now preparing, on the eve The man, Mr. Arthur William of his one-hundredth birthday, to Meekings, of Palewell Park, East honour the genius of Tolstoy, and Sheen, S.W, has been bound over. It is only n'short while ago that we celebrated the centenarles of by the Mortlake magistrates on the complaint of his wife, Mrs. Ludwig van Beethoven and Fran- Edith May Meekings,, of Queen's-cisco Goya, road, Mortlake.

Mr. II. Simmons, for Mr. Meck- ings said the wife took out two summonses against hire for assault, her allegation being that on two separate occasions he had kissed her against her will.

"Kissing or Kicking?”

JJ

.

Mr. Justice Avory: What! Do you say "kisaing" or "kicking" her? (laughter).

Mr. Simmons: "Kisaing." The Lord Chief Justice: "Kiss- ing ble own wife!”.(laughter).

Mr. Simmons said that the magistrates thought the offence so serious that they ought to bind over both parties. It was pointed out that there was no power to bind over the complainant wife, so they bound over the husband to keep the

редсе

According to the case stated by the magistrates, the husband and wife were living apart. The hus. band stopped his wife gear her house, held her fercibly by the arm, pushed her against the gate and kissed her against her will..

Within a few. years' time-in 1992 there will be similar celo- brations in connexion with the one-, hundredth anniversary of the death of Johann Wolfgang von Goethe the German writer, whose fame is equally. great as a poet and a pioneer of modern science and whose name has been used a great deal in recent years, more especial- ly when the new German constitu- tion was drawn up, as the typical representative of what is called "the Weimar spirit."

It was at Weimar that Goethe became really conscious of his true vocation. Originally he went there with the intention of paying a brief visit only; but he stayed there for the remainder of his life, acting for little less than sixty years-as minister of state to Duke. (subsequently Grand Duke) Karl August of Suxe-Weimar, whose capital it was.

Great Friendship.

Na account of Goethe's develop ment as an artist and as a man Mr. Justice Avory pointed out would be complete without mention that there was no conviction foring the relationship between him' assault, but the husband's conduct and, his friend, the Duke; and a in a public highway surely amount- ed to a breach of the peaces

"Act of Affection.".

Mr. Simmons said the husband was a man of good character, and he felt that the order made was,

slur on him.

a

Mr. Justice Shearman: No one says it is wicked to kiss your wife. It is an act of affection to do that. Mr. Simmons: There are limits imposed nowadays on marital re- tations.

Mr. Justice Avory: What authority is there that a wife is bound to be kissed every time her husland wants to? (Laughter.)

Dismissing the appeal, Lord Hewart said it Was a specially trivial case. The justices did offer to hear the husband's evidence, but apparently he preferred" a good grievance to a bad defence.

short reference to their friendship

a

is all the more approurinte just now because on June 14th hundred years will have passed luce the death of Kari August at the age of seventy-one, which took place at Graditz near Torgau. He passed away standing and watching the setting sun in the west

His death is the symbol of an up- right life always dedicated to the service of the ideal. Karl August was a grand-nephew of Frederick the Great, the crowned philosopher of Sanssouci. He had made it his aim to raise the capital of his small dukedom to a centre of German culture.

He therefore called Hardor and

Wieland to his court and also very him at Weimar. He had become cordially invited Geothe to visit acquainted with the poet at Frank- fort-on-Main when engaged on a journey undertaken for studying purposes. He was only seventeen years at that time, whilst Goethe was five years his senfor. The latter was then staying at the home DR. MARIE STOPES..of his parents and enjoyed univer-

Mr. Justice Avory said the hus- band wha fortunate in escaping

conviction for assault.

APPEAL AGAINST LIBEL VERDICT DISMISSED.

sal reputation as a writer on the strength of his "Sorrows of Wer- ther," which had just been publish ed. Goethe arrived at Weimar in November 1775 and made the town his permanent residence after that. Transitory Differences,

The hearing of the appeal of Dr. Marie Stopes from the verdict and judgment for £200 damages entered against her in the libel An intimate friendship soon be- action brought by Mr. Howell Argan to grow up between himself thur Gwynne, the editor of the and the Duke, It was only Morning Past, was concluded in very rare that these eordial the Court of Appeal recently be relations WCED dimmed by fore Lords Justices Serullon, some transitory differences On Greer, and Sankey. The appeal the subject of political opinions. was dismissed with casts!

Both of them profited by the close-

Mr. Gwynne complained that mess of their associations, and Karl Dr. Slopes belled him in a letter August was fully justified in say- to the Duke of Northumberland, ing, fifty years after they first met, suggesting that a small handful that they had always been mutually of Roman Catholics were manipu- faithful and loyal to one another: lating the Morning Post,

"united until death".

Dr. Stopes appeated on the This intellectual co-operation also round that Mr. Justice Avery benefited the country and the people. misdirected the jury. She con- Karl August, indeed, was the first ducted her case in person from the German ruler who renounced the Junior Bar.

privileges he possessed as an Giving judgment without calling absolute monarch and who gave on counsel for the respondent, his people the advantage of con- Lord Justice Seruiton said that tutional government. this, dispute, was remotely connec-

Eyery branch of the administra

ted with the question of birthtion, the dispensation of justice control, and he desired to

emand the economic condition of the phasise that that Court had noth-small country improved under his ine to do with and did not express rule. Agriculture, industry, engi- any opinion on the merits of the neering and the natural sciences dispute between supporters and were actively promuted by him, and opponents of birth control:

just as Weimar, his capital' und

The jury had come to the con-residence, developed into a home of clusion that it was defamatory to the muses and graces that was, say that the editor of a newspaper |envied all the world over, the uni- was being manipulated by out-versity of Jena became a meeting side people. The judge rightly place of eminent peientists whose ruled that the letter written by activities have been an

untold

Dr. Stopes was privileged, Thon benefit to succeeding generations. came the important qucation in

Thus Goethe was fully entitled the case whether it was proved that Dr. Stopes wrote the letter to describe his friend as a true with malice in the legal sense. man "whose inclinations were. Legal malice meant that a person never personal and egoistic, but had allowed himself to et into always productive and of benefit to the commonwealth". The numer such a state of opinion in regard ous admirers of Goethe throughout to his opponents that hig rower of the world will therefore always phy forming a correct and reasonable homage, to the memor of Duke. judgment was destroyed, causing Karl August for the reason that him to make accusations reckless-through all this life he was the ly. The Judge directed the jury faithful friend of one of the world's on this point in words which the greatest writers.

Appeal Court had considered pro-

per, and therefore it was impos- sible to any that that was a mis- direction.

There was material upon which

that Dr. Stopes had been hardly dealt with by the jury in awarding

the jury could find that Dr. 300 damages because her lotter

A

state of

Slopes was in such

did not do Mr. Gwynne one half- mind that caused her to abuse a penny-worth of harm, privileged occasion, and as there. was no misdirection the al must be dismissed with costs.

Lord Justice Greer, concurring, said he could not help thinking

Lord Justice Sankey, also con- curring, agreed that tho. amount of the damages was rather harsh, The appeal was dismissed with costs..

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