1928-08-04 — Page 5

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THE HONGKONG TELEGRAPH,

FIRST CASE OF ITS KIND SINCE 1857.

ALLEGED ENTICING AWAY OF WIFE.

"I do not think that there has been a case quite like this since 1807," said Mr. Justice Swift, when the hearing was resumed in the King's Bench Division of a case in which an Army officer was said to have enticed away the young wife

of another officer.

SATURDAY, AUGUST 4, 1928,

"OUR PRICELESS HERITAGE.”

MR. BALDWIN WARNS MOTORISTS.

Mr. Baldwin recently 'received the freedom of Winchester,

The beauty of the country, he mid, was the wealth and glory of England, and our priceless and ir replacable heritage.

Care must be taken that,it was

Major Capel Ritchie Langstaffe not destroyed by the motorist.

The Prime Minister was accom- Cupel-Smith, of Rosary-gardens,

Kensington, sued Major Bernard panled by Mrs. Baldwin. The only A. S. Dyer, of The Moorings, Farn- other freamen of Winchester are ham, claiming damages in respect the Prince of Wales, the Duke of the enticement of his wife. of Connaught and the Earl of

Northbrook

The plaintiff and the defendant

The casket was made by Win were both officers in the IL.A.S.C. at Aldershot, and Major Dyer be thester craftsmen from oak takon the cathedral and college. camo friendly with Mrs. Capel- from Smith, attending dances with her it was inscribed; every week at the officers' club, To a lover of England who bears

Major Capel-Smith, who did not the burden of her greatness, dance, raised no objection at first, At the ceremony at the Guildhall but eventually became suspicious. Mr. Baldwin said: The experience One night he went to the garage which I have had has convinced mo at his house and alleged that he that whatever faults our people found his wife and Major Dyer in commit, whatever blunders they a molor-car with the lights out and make, yet there is to-day, as there the hood up..

has always been among English- Later he went to India, and short-men, a richness of character, ly after his arrival received In-energy, and achievement. formation which caused him to re- Lurn to England. Ho

"A Certain Swear Word."

began

Glory of England,

divorce proceedings, but did not Afr. Baldwin, responding to the continue them, because, he said, he toast of his health at the luncheon, desived a reconcillation with his remarked that there was no more wife, who, however, refused to re-suitable place than Winchester at turn to him. .

which to speak of his desire to pre- Herve the beauty of the country, That beauty, which had been saved When Major Capel-Smith entered through the centuries, was the the witness-box. he was cross-ex-wealth and lory of England, and amined by Mr. Norman Birkett. there could be nothing more K.C..

disastrous, more ·wicked, on part, than to dissipate Mr. Norman Birkett-In 1920 pr were your wife's parents averse to, and to destroy in our pro- the marriage?--No.

tgney that priceless and irreplace Do you remember taking her by jabla heritage. her necktie on one occasion and al-About a hundred years ago they most strangling her?-1. don't. bad a perfect epidemic of ugliness, He also denied that he ever threw which began with our industrial In jug of water over her or knocked system. There had been symptoms, her downstairs on one occasion. in recent years, of the same thing Mr. Norman Birkett suggested happening again. He had recently that, on one occasion, when com- read a statement by a well-known plaining about his wife's visitors, architect, that it was no exaggera- Major Capel-Smith told her that he tion to say that in 50 years' time, would not have his house turned at the present rate of so-called im- provement, there would be inevit- into a hotel.

“Indeed I did not," he replied,able destruction of the beauty and "You have been trying to make out charm with which our ancestora en- that I am a foul-mouthed man, and hanced their towns and villages. But there was nothing inevitable in It won't do. I won't have it."

Mr. Birkett said that in his pre-his world unless we chose to make

Tit so. I'vious evidence he had agreed that

To whatever party we may be The sometimes used a certain sweari

word about inanimate things.

long, the Prime Minister proceeded, Major Capel-Smith-Yes I do, we may agree that there are two andaresay you do yourself. duties for all of us-la preserve the best of what is old in our country, (Laughter.)

and make sure that we only per- Mr. Justice Swift told Majorpetuate the good in which is new. Capel-Smith that he must control we cannot make works of genfua, himself and answer the questions and I do not say we cannot, let us property.

take all the greater care to pre- Major Capel-Smith further reserve those we have. pudiated a suggestion that he once

For too lang, peopl chad forget- threw the crockery on the break ten what a genius there was in the fast tray at his wife.

ordinary people of this country for music, architecture,

art. and There was no more encouraging Mr. Birkett rend from a letter feature in these days than the way written from India by Major Capel In which, after those gifts had been Smith to his wife, in which he said:long merred, they were begin-

I have just had an awful dreaming to be evident again.

After all, added Mr. Baldwin, the about you which broke my heart: Oh, baby, I worship you. I dreamt English stock is a true stock, and as those that you did not love, and care for our people are the aame me. Oh, baby, 1 um so unhappy who built our cathedrals and village about it, us, I love you more thas churches, and who carved the my life, and I feel so acutely that sculptures and screens inside them.

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cious darling little wife, I long for ning to come out. Every time I sce you to join me in India, and yet it come out I rejoice. I dread it, for the men there flit with every woman but their own wives, and, darling, I am so jealous of you.

Rules for Motorlets. Mr. Baldwin added that no coun- Major Capel-Smith said that try was more beautiful than Eng- Major Dyer's nickname was "Baslund, and they must take care that, its peace and seclusion were not He was generally known in the destroyed by the motor. There was Army as "Bass" Dyer.

no corner safe from cars, especially

Mr. Justice Swift-I suppose hd since the motor-conch had come in- was called "Bass" because his into existence. He wished to strike itials are B. A.-S.?

Mr. Birkett-Yes.

Major Capel-Smith later stated that he had to press the charge of adultery to win his case.

a note of warning. It was possible. to see beautiful things without de.. stroying their beauty for other people.

I hellere, he concluded, that dis "It is no pleasure to me," he said, our people get more thoughtful for. "to prove adultery. I don't like to others, the day will inevitably come prove adultery. I hate it. when motorists of all classes will thought, that, when Major Dyer cease to leave litter about, and whon realised that his rascally conduct they lunch or dine in the woods, would be exposed to the whole they will take their own refuse world in the High Court, he would away with them. (Laughter).

tell my wife to go back to her hus It might be that motorists would come to recognise some places as so

band. I thought he would not face 北”

Mr. Birkett submitted that

King's Bench Court could not try

an issue of adultery.

Mr. Justice Swift said that it

was not an action in which damages

beautiful that they would leave

their motors at a distance and walk. to those spots.

could be given for adultery, but houten at the most. After she had

my Bon said, "Who wis Daddle?" I said: 'Good

did not see how he could excludo gone, evidence of enticement, merely be that, cause It also tended to preve Heavens, that's your mother.' I adultery. He added that he did called her back saying that her not think that there had been a own child did not recognise her." case quite like this since 1857.

"Who was That, 'Daddle?" Re-examined by Mr. Singleton,

"She has never seen him since that day, and has never sont him even a Christmas present."

Mies Elizabeth Martha Asplin, K.C., Major Capel-Smith described a servant, gave evidence of Major a visit paid by his wife, when he Dyer's week-end visits on three oc-

· Mrs. Capel-Smith's was living with his son apart from caalons to her on his return from India. house, and anid that once, after the "She gave the child one kiss with others had gone to bed, she saw about as much affection as I should Mrs. Capel-Smith go into Major. kiss this paper," he said, holding Dyer's bedroom. He took her inte a bundle of coples of the corres- his arms and kissed her and she

then went into her own room. pondence.

He added: "She left the room next morning, Major Dyer took tea after a stay of three or four mininto Mrs. Capel-Smith's bed-room.

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HEAD OFFICE-BERKELEY ST., PICCADILLY, LONDON.

FAMOUS CRICKETER IN VILLAGE MATCH

made only six out of a total of 86 Hall against Lindow. In the first Junings. But in the After his eney dismissal by a second innings he made local cric catch in the arst innings, he took..

[seven of the "Lindow wickets for OUT FOR & THEN 104 IN AN ket history.

Macartney is staying at Jedrell 17 runa, and then in the second HOURAN Charles Macartney, the famous Hall, Holmes Chapel, as the guest innings scored 104 not, out in, an Australian cricketer, playing in a of Sir Edwin Stockton, and the hour. He made a present of his Cheshire village match recently match he appeared in was Jodrell bat to his host.

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