1936-04-20 — Page 19

THE HONGKONG TELEGRAPH. MONDAY, APRIL 20, 1936.

BREACH SUIT AFTER 13 YEARS "MARRIAGE"

College Girls' Prank Led To Wedding

WOMAN

A

CLAIMS DAMAGES

DECEIT

FOR ALLEGED PRANK by college girls on n

man who had put a matri- monlat advertisement in a newe- paper was the origin of an action for breach of promise and frqud which opened last month in the King's Bench Division before the Lord Chief Justice (Lord Hewart).

The man married one of the college girls, and it is now ad- mitted that he WOR previously married. His defence is that he thought his first wife was death..

Plaintiff in Mins Amme Herold Beyers, of Lancaster Gate, W., and defendant. Mr. Thomas Green, of Mount Royal, Marble Arch.

Mins Heyers is now about ab and Mr. Green 67.

Mr. P. J. Tucker, K.C., anid that Miss Deyors belongeil to an old Dutch family in South Africa, and when 20 years old she went to a training col

lege in Capetown.

COLLEGE GIRLS' PRANK

While at college she and some of the other girls indulged in the prae- ten joke of sometimes answering advertisements in the matrimonial columns of a newspaper, and then going to an appointed meeting-place to walch the discomfiture · af the young man who turned up.'

CASE WITHOUT PARALLEL

The action is brought by n woman who "married" a man in 1922 and who states whe did not discover until last year that at the time of the

wedding ho already had

wife.

She is therefore suing him. both for breach of promise and for fraud.

coun-

"The breach," sald sel, “consists of not marrying her. The fact that he incl dentally went through a cero- mony of marringe is not vital to her cause of action."

Sir Patrick Hastings, K.C., sald the case was "nbsolutely unique,"

A LEGAL PROBLEM

Particular inquiries, he noted, were made in 1932, and he then learnt that Ada Burgess had remarried,

with someone

"Ada

"It is rather late to make inquiries as to the existence of one's wife ten years after one has gone through a marriage ceremong else," Mr. Tucker commented, Burgess was being visited at inter- vnis by Mr. Green's sisters and his interesting mother, and by canmunicating with them he could have discovered his

Having read an advertésement of n Rhodesian bachelor "of comfortable means who wished to meet somebody with a view to marriage." Mes Beyers went with other girls to the meeting- place and saw that the advertiser

Mr. Green) was Diary than the others hnd been.

One of the girls dared Miss Beyers | wife's whereabouts."

to go and speak to him. She did so, "Due of the principal issues," court- and he told her that he was not really set continued, "is when Miss Beyern serious about the advertisement, first discovered the wrong done to sheher. Mr. Green relies on the Statute of Limitations, which provides that

Min Beyers told him that answered the advertisement out of pare devilment. The meeting which an netion cannot be brought more

bagan in that unorthodox WAKHET, said counsel, grow into friendship.

He proposed before the end of the year, but she salt she did not know him well enough.

WHAT A COUSIN HEARD Before Christmas, at a time when he was taking her out very fre quently, a cousin of hers told her that he was a married man with two chil- dren. He denied it indignantly, with tears in his eyes.

than six years after the cause arose, "The cause of netion in this cnne-- the failure to marry lawfully--arose in 1924.

RO

The Inw, however, is not lacking in Justice us to deprive a per- son of his or her remedy if the defendant has by fraud concealed the fact that a enue of action existe,

"Miss Buyers kaya that she did not know the facts until 1935."

MR. CREEN'S FORTUNE He said: "That's what one gets for doing good to others. 1 17 not!.

Miss Beyers gave evidence that, on married and never have bein. hearing her cousin's communication The woman in questidnes my about a previous marriage she said to brother's widow and I am helping Mr. Green: "How dare you poses to

bachelor?" 4 HII'.༢༥ her to support and educate her

Blo

he never had been children.

replied that married. On hearing his explanation about the two children she “admired him for.it." "I believed his explane- tion to be the Goapel truth," she said. Asked what was Mr. Green's for- tone, she replied: "It is £50,000 or more."

He also said: "The children call me Dad-as they have no father and have done su since they were quity small,"

She accepted his explanation and i a few weeks later he told her that the children had been sent to Emp land to join his brother's wife.

[con-

11 turied out afterwards tinued counsel) that the children were Mr. Green's illegitimate children by a woman with whom he had been liv

ing at the Cape.

Mr. Green and Miss Beyers were married on May 11, 1922.

Early in 1903, when Miss Beyers and Mr. Green were living at her -parents' house, her mother received an anonymous letter that Mr. Green was a married man.

He was asked for an explanation and repented the story he had toki Mas Beyers-that the children were those of his dead brother.

Miss Beyers regarded this anony- mous letter, continued Mr. Tucker, as emanating from some evilly-disposed

or jealous persen. In July, 1939, n son was born.

The family travelled a good deal and spent the summer of 1932 itlackpool,

"AN OVERHEARD TALK

at

She said her own capital was about £18,000.

The next witness was the former Ada Burgesa, now Ada Green. She said she had been living under her 1906. Mr.

since name

changed Green's sisters knew her changed

name.

Mr. Green gave evidence that he heard that Ada Burgess and died in 1919 and, when he went through the ceremony with Miss Beyers, he honestly believed that the marriage was a legal one.

same as hers-about £20,000.

Is present. capital was almost the

READY TO PAY A "PROPER

SUM"

BIRTHPLACE OF BLACK WATCH

This photograph illustrates au Interesting incident that took place recently in Scotland. A party of recruits from the depot of the Black Watch, at the Queen's Barracks in Perth, were taken on a tour round the Aberfeldy district. In the course of the journey they visited the memorial cairn which was erected on the banks of the River Tay, at Aberfeldy, to mark the spot where the regiment was raised some two hundred years ago. Bere they are seen giving cherrs for their famous

regiment.

STATUE HE WILL NEVER SEE

MORE than 6,000 miles lie between a man and a statue of him

which is to be erected shortly. He will never see it. The man is 56-year-old Sir Patrick Kelly, who for 11 gears was Commissioner of Police for Bombay.

Sportsman's

Opium Pipe Sir Patrick said that he finished

Brussels, Apr. 8.

46

M

UNMASKED smoker of opium, M. Maurice Callar de Thuin, an inter- national boxing referee, has been sentenced at Brussels. A prominent boxer. Gustav Roth, two airmen, and well- known people in Belgian boxing and football circles gave evidence in the case.

De Thuin, who was President of the Belgian Boxing Federation the International Roxing

nud

DAY BY DAY

HALF THE SECRET OF HUMAN INTER- COURSE IS TO MAKE ALLOWANCE FOL

· EACH OTHER-Lrigh_1»ni.

Students of Quarry Bay School are holding their aunt spring festival on Friday, May 1. at 11 am.

The Street Sleepers Shelter So- eiety closed their three shelters on Saturday night when a hot meal was glyen to all inmates.

The

nounced of Flt.-Lieut. James Noel forthcoming wedding, is an Douglas Anderson, R.A.F., Kai Tak, And Miss Constance Emery, of Park Hill Hond, Wallington, Surrey. 38

An European Edy, Mrs. J. W.

RADIO BROADCAST

Relay of H. K. Hotel

· Dance Orchestra

Z.E.K. PROGRAMMË.

From Z.B.W, on a wavelength of 365 metres (845 kilocycles):

5-8 p.m. European Programme, 57 pm A Reiny of the Hengiong

Hotel Dance Orchestra.

7 p.m. A Relay from Daventry. Ronald Gourley in Songs al Pinnoforte.

7.15

the

p.m. Danny Malone (Tenor) in Four Songs.

1. The Dear Little Shamrock

(Jackson).

She is far from the Land (Hughes).

3. Love's Roses (Broones).

4. Sweetheart Darlin' (Kahn). 7.30 p.m. The London Palin- illum Orchestra.

Through Night to Light (Laukien). Blue Devils March (arr. Lotter). Wadded Whimsies färr. Alford).

Live, Laugh and Love (Arr. Herbert).

Old Vienam Moon (arr. Cardew). The Maid of the Mountains Selection (Fraser-Simeon),

8 pm. Local: Time Signal. Wen, Ther Report, Stock Quotations and Announcements,

H.05 p.m. Chinese Studio Concert. 11 p.m. Close Down. 8.05-10 p.m.

European Pro- gramme From Z.E.K. on.n Fre- quency of 610 kilocycles,

O

TAN SHOES Canvas or leather

$5.50, $17.50, WHITE SHIRTS Open neck, Short

sleeves,

$4.00, $6.50: WHITE BELTS Canvas or art silk

$2.25, $3.50.

VIYELLA

Plain or ribbed

SOCKS

$2.50. TROUSERS Viyella: Tropical

$16.50, $21.00. All prices less 105% discount for cash.

Correct

wear

for

BOWLING

MACKINTOSHS TD

MENS WEAR SPECIALISTS

ALL THE FAVOURITES. COLUMBIA

From the top of your head

Without a word of warning.

You are my lucky star

I've got a feeling youre toolin'.

Thanks a million

8.05 p.m. The Boswell Sisters, Carroll Gillions (Piano). Dinah Connie Doswell, Blue Mana ................ The Boswell Sistera. Coronado-Selection. Thanks a Million-Selection,

FB1203

FB1223

Top Hat Medley

FB1226

Diggin' 'oles

Carroll Gibbona,

FB1229

FB1234

you

FB1277

I live for love.

FB1286

i'd rather listen to your eyes

I'd love to take orders from you.

FB130Z

Favourite comedy songs

FB1313

Three jolly brothers

Wedding of the rose:

He retired two years ago, and returned home to Britain. The statue is being erected by Indian and British admirers in honour of Stars fell on Alabama,

Judy, Carroll Gibbons. his work as Police Commissioner.

Don't let your love go wrong, Why don't

what you practice preach,.... The Boswell Sisters, 8.30 p.m. William Tell-Over- ture (Ragaini) played by Members of La Scala Orchestra, Milan. 8.43 p.m. Vocal Gems.. Lady Luck Rogers), The Vagabond King (Friml). Rio Rita.

with India when he left there two Years ago after completing 31 years service with the Indian police.

"I am not going back." he said, "and I shall never see my statue."

Sir Patrick is the holder of the King's Police Medal, awarded in 1921, and a bar was added in apk

Union, was charged with keeping oplum and cocaine, smoking opium, and facilitating the use of drugs by another person.

NEWS IN BRIEF

one

Two cases of Meningitis and cuse each of Diphtheria and Typhoid were reported to the local Health authorities on Friday.

It is now nanounced that Father Byrne's lecture before the University Medical Society will be given on April 20, instead of April 22,

WILA

Cheng Chan, 32, who stole a purse containing 13 cents from Lai Chung- foon, shop, foki, when he at the wharf, was sentenced to three endeavouring to board the Tai Lee months' hard labour, at the Central Johnson prosecuted. Magistracy to-day, Sub-Insp. A. J.

Sir Patrick Hastings then said: "ItRiddock, was admitted to the Kowloonportation Ordinance, Tsol Yan, 30, u

has never been the desire of the fracture to her left arm. defendant not to pay a proper sum,

Hospital yesterday suffering from a

and I merely propose to ask the jury

Being his fifth breach of the De-

special release from gaol, was sen

It appears tenced to one year's hard labour by had fallen off her pong while Mr. Balfour at the Central Police

at Shatin Valley.

In addition to the talk by Laszlo

the Schwartz,

noted Hungarian humorist and caricaturis, on "Twa;

to find what is the proper sum., riding

"If there is an action for breach of promise submit that it is Statute There, said Mr. Tucker, a very dia-based. If it is said there is an

action for fraudulent misrepresenta occurred. Miss tion. Beyer overheard Mr. Green

I say there is no evidence, to versing in an adjoining room with a

tit support and evidence of conceal- Mr. Jackson, his brother-in-law, ed fraud."

Tucker replied that there would

quieting Incident

con-

סמ

She heard the brother-in-law say: Le deceit if, throughout a unlon, a

M "How old were you the first time you married?”

man withheld from the woman some The next question

on replied: "She is married,

Court this morning. Lin Taze-shan, 20, was given sonment on a similar charge, Sub- nine months impri Insp. A. J. Johnson prosecuted.

Happy Bedfellows Commercialism Seen by a district watchman to and Art," the longkang Rotary Club extract a pair of spectacles from the will, at tomorrow's tifin, have a brief address by Dr. Crawford pocket of Cheung Ho, 62, in Des Voeux Road Central on Saturday night, Chan McCullough, Past President of

Tick-ming, 31, was arrested and Rotary International.

appeared before Mr. Balfour at the Central Police Court this morning. Two months' hard labour was Imposed,

Miss Beyers asked her husband for technical date shy of raining his yesterday, LI Shu-tone "bout B a.m. Sub-Insp. A. T. Sabey prosecuted.

vory happily top."

was by Mr. Green, who asked: material fact. That was sufficient to "Where is she now?" and Mr. Jack- preserve the cause of action,

Knocked down by lorry No. 4060 in Sir Patrick said that the only reason and

Shanghai Street he had been little

succumbed to was that he did not about 4 p.m. Lai Shing, aged 20 his injuries at the Kowloon Hospital really want to raise them.

Mr. Green was anxious to avoid years, was knocked down by lorry No, 3141 in Des Voeux Road Central,

an explanation, and he said that there

I been a "boy and girl affair" be

Chun Yuen-kan, alina Chung Kwan- heung, aged 26, unemployed, faced n charge of having assaulted Leung

tween him and a girl, and that it lability, of course, But he desired yesterday; and was admitted to the Chiu, aged 35, and Fun So, aged 20,

was not availd marriage, .but "Gretna Green affair."

He also said that they did not get on well, that the girl went back to her people and that there were no children.

She believed the explanation, but

after they returned to South Africa

1900,

ment..

to make proper compensation in any Government Civil Hospital for treat on April 17. Inspector F. J. T not to have any chargo of fraud found ovent and was particularly anxious against him.

in Canton Road near Arran Street Portallion asked for a week's formal Addressing the jury, Sir Patrick

remand, saying complainants were Yuen Ming-sang, alias Mak Leung, still in hospital. His Worship grant- said: "In my experience it la an ab. 23, refuse coolie, Fung Kai, alias solutely unique care."

Tai, 41, unemployed, and enged the request.

lx

she had some doubts and misgivings, of hla legal obligations. He wanted this morning, charged with having fore Mr. Macfadyen at the Kowloon

The man did not wish to avoid any Macfadyon at the Kowloon Magistracy employed, appeared on remand

43, widow, were brought before Mr.. Yip Shing, alias Chan Ho, 32, un- and decided that next time they came to go on giving a home to the woman to England she would to England is he always thought was his wife and he in custody, at No. 271 Laichikok Rond, with possession of an automatic pistol truth. When they came to in

committed a robbery with others no: Magistracy this morning, charged 1936 she went to Somerset House and wanted to go on having his son under third floor, on March 21. They were and 10 rounds of ammunition without learned that on April 28,

his care. But he could not, becauso alleged to have mobbed Chan, Lai-a licence at-Tainam Street on Mr. Green was married at Halliaho would not let him. well. Lancashire, to Ada Burgess in 1922 my client honestly belleved ha and $500 in Houghtong banknotes. On monded until April 23. The pro- "I ask you," he added, "to say that heung of two gold rings, a pair 47 11. On the application of Detective On October D. 1901, counsel went was free to marry spain."

var rings, a fountain pen, a compass Sergeant Forrest defendant was re- on, a separation order

Was inade The claim was dismissed.. against Mr. Green, who was ordered

the application of Detective-Sergeant sccuting ofcer asked his Worship to to pay his wife 10s, a week.

Hendridge, they were formally re- take the case for committal. paid for a few weeks and then dis-

manded for one week. appeared.

Arrested in Tung Shing Road,

He

Miss Beyors realised that for 13 years ahe had been living with a iman, thinking that she was his wife, and that far five years ahe had had a boy whom she thought was her lawful' son.

In his defence, Mr. Tucker added, Mr. Green admitted his marriage to Ada Burgess, but he pleaded that, despite Inquiries, he failed to find her, and had presumed that she was dead. Mr. Green was asked to give par- Liculars of the Inquiries, and he re- plied that they were made by him when he visited England aubsequent to 1901.

ORDERS FOR NAVAL

TOASTS

Follow Through (Henderson),

9pm. A Relay of the Daventry News Hulletin (Copyright by Renter). 8.15 1.m. Organ Recital by Sydney Gustard,

A

Hermann Lobe Melley, Erie Contes Medley..

Teddy Bear's Pink,

4. Grasklappers' Dance.

9.30 p.m. Dance Music

10 p.m. Big Ben: Clase Down.

DAVENTRY PROGRAMMES

1

The following waendongtha and frequencies · are shared by Daventry,

Call Slan Frequency Wavelength

2,525 kc, 11,750 .c. 11.5 I. 15,140 *..

49.59 metres

CFA

4,050 k...

1,310. k..

$1,33 metre

GBC ....

11,30 -MELA

GSD

21.51 instrea

GAR

23.28 meteen

GSF

480

17,70 k.co

19.42 metron 24.04 meires

21.470 k..

15.07

пят

11.210

..

GAJ

GSL

21,840 k..

6,110 k

19.68 metres 11.51 metres 49.24

Transmission 1

iG 8.N.. 0.9.0.} 1.45 mm. Biz Hrn. The ID.C face

2reheatr

1.12 p.m. “The Pear Crochem," Clust

Herman Singers,

1.50 p.m. The JBC, Dance Orebestra. 1.55 p.m. Tuk: "Living in the Past,“ 2.10 p.m. Viename Polpeart), The 1.1.C.

Empire Orchis Greenwich Time Hignal at 2.15 p.m. 2.53 p.m. The News and Announcements, 3.15 p.m. Clean down.

Transmission 2

(0.8.J., 6.8.C.. 7.8.D.)

7pm. Mig Bru, Ronald. Gourley in antig

at the pianoforte. 7.15 p.m. The BBC. Midland Orchestra.

Greenwich Time Rigual at p.m. 1.15 p.m. Talk: "peed." *.33

m. Muar by the Etrauss Family. 1.D.

The News and Announcements, $20. Arthur Salisbury and hia Dy

chestra,

·$.43 D.n. Close down.

Transmission 3

(0.5.0, 6.S.E1

10 a.m. Big Ben, ""Elfeboats,” 10.39 p.m. A Rectal of Popular Ballads

by Margaret Lauder (Soprano). 10.15 p.m. Prose Reading 3.m. The Amington Rand. 115 pm. A Pinnofare

Ernest Lush 11.55 p.m. The News and Annapicements. 12.15.m. The Cellini Trio. Falward Beach

(Tema). Creenwich Time Signal at 12.30 ..

"A.M.

Close down.

Interlude by

EXCHANGE ·

TO-DAY'S OPENING

QUOTATIONS

Selling

T.T. Demand T.T. Shanghai T.T. Japon T.T. Singapore

TT. India

[1/3

1/39%

.1074

.53%

A big seizure of oplum was made Aberdeen village, carrying a wooden by the Revenue Department in Shau-box containing do sticks of dynamite, TT. San Frisco & New York .32.3 kiwan harbour on Saturday, night. 40 detonators and a coil of fuse, Wai T.T. Java

7500

Buying

London, Apr. 10.. Fleet Orders Just issued state the contraband was found in the Yau-leung, a sub-contractor, appeared T. France that the health of the King should double bottom of a sampan. As a before Mr. W. Schofield, at the Cen- T. Mabila ba bonoured seated in all naval result, Chan, Fuk-sucu, master of tral Magletracy this morning, on a TT. Bankok messes, whether on board ship or dampan 1863A, was arrested and charge of possession of the dynamite TT. Saigon on shore, on all occasions except appeared before Mr. Balfour at the and detonators without a licence from 7. Lisbon (a) when the National Anthem Is Central Police Court this morning, the lion, I. G. P. and was fined $100, played: the toast should then he charged with the possession of 2,100 in default, two months hard, labour. drunk standing (b) when toasts to taels of raw opium, valued at $6,480, Sub-Inspector Dredge sald defendant foreign heads of States are in- and 200 taels of non-Government worked for another contractor who 4 m/s L/C, eluded; they and that of "The prepared oplum valued at $1,000. Tho was carrying out some work at the 4. m/s. D/P.. King" should be drunk standing,

defendant pleaded guilty and was fined Aberdeen, roservoir, and had ap-6 m/s, L/C. whether national anthems are play $7,000, with the alternative of one parently saved up the dynamite from 4 m/s. San Fransco New York 33.6/10 ed or not.

year's hard, labour. The oplum and supplies lasted by this contractor for m/s. Franco sampan were conflacated,

blasting.

New York-London

1/434) :1/41⁄4%

1/4

3.134

"

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