1936-04-20 — Page 7

THE HONGKONG TELEGRAPH. MONDAY, APRIL 20, 1936.

BREACH SUIT AFTER 13 YEARS "MARRIAGE"

College Girls' Prank Led To Wedding

WOMAN

CLAIMS DAMAGES

FOR ALLEGED

PRANK by college girls on a

A man who had put a matri-

monlal advertisement In a nowa (* paper was the origin of an action for breach of promise and fraud which opened last month In the King's Bench Division before the Lord Chief Justice (Lord Hewart).

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

Plaintiff is Miss Aume Herold Beyers, of Lancaster Gate, W., and defendant Mr. Thomas Green, of Mount Royal, Marble Arch. Miss Beyers is

about HOW

36 and Mr. Green 67.

Mr. F. J. Tucker, K.C., said that Miss Beyers belonged to an obi 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 come of the other girls indulged in the prae- tical joke of sometimes naswering advertisements in the matrimonial columns of a newspaper, and

then

DECEIT

CASE WITHOUT PARALLEL

The action f brought by n woman who "married”-a mani In 1922 and who states she did not discover until last year that at the time of the wedding he already had П wife.

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

"The brench," said coun- sel, "consists of not marrying her. The fact that he inci- dentally went through a cere- mony of marringe Is not vital to her enuse of nelian."

Sir Patrick Hastings, K.C., said the case was "absolutely anique."

A LEGAL PROBLEM.

Particular inquiries, ho addel, were going to an appointed meeting-place | mute in 1932, and he then learnt that to watch theiliscomfiture of the

Ada Burgess hat remarried. young man who turned up.

Having read an advertisement of a Rhodesian bachelor "af comfortable means who wished to meet somebody with a view to marriage," Miss Beyers went with other girls to le meting. place and uw that the ndvertiser (Mr. Green) was mure interesting than the others had been.

"It is rather late to make inquiries and the exidence of one's wife ten years after one has gone throuch a jrriage retrun with someone else," Mr. Tucker commented, "Adn Burton was being visited at inter- vals by Mr. Green's sisters and his

mother, and by communicating with them he could have discovered his

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

to go and speak to him. She did go, "One of the principal issues," caun and he told her that he was not really | søl continued, “is when Miss Beyers serious about the advertisement. drd discovered the wrong done to shehe Mr. Green relies on the Statute Miss Beyers told him that answered the advertisement out of of Limitations, which provides that pure devilment, 190 meeting which an wetion cannot hạt brought more began that unorthodox manner,

i counsel, grew into friendship, He proposed before the end of the gear, but she said she did, not know him well enough.

than six years after the cause arose.

"The ease of netion in this case...... the failure to marry lawfully-arnse in 1929.

זיוון

MI

The law, however, iM WHAT A COUSIN HEARD

lacking in justlee as to deprive a per- son of his or her remedy if the Before Christmas, at a time when defendant has by fraud concenled the he was taking her out very fre fact that a case of action exists. quently, a cousin of hers told her that "Miss Beyors saya that she did not he wana married man with two chil-Know the facts until 1935.". dren. He denied it indignantly, with tears in his eyes.

12111

He said; That's what one gets for not sloing good to others. I married and

have been. never The woman in question is my brother's widow and I am helping her to support and educats her children."

He also said:

MR. GREEN'S FORTUNE

Miss Beyers gave evidence that, on hearing her cousin's communication about a previous marriage she said to dare you pose to Mr. Green:

ine Bs bachelor?"!

He replied that he never had been

about the two children she

The children call/married. On hearing his exp

me Dans they have ne father him for it." and have done do since they were quite small."

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

It turned ent nfterwards tinued counsel) that the chiktren wore Mr. Green's licgitimate children woman with when he had been ing at the Cape,

(e-

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

Early in 1923, 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 repeated the story he had told Miss Beyers-that the children were those of his dend brother,

Miss Beyers regarded this anony- mous letter, continued Mr. Tucker, as emanating from some evilly-disposaji or jealous person. In July, 10:30, k son was born.

The family travelled a good deal and spent the summer of 1992 Blackpool.

"I believed his explana- tion to be the Gospel truth,” she said. Asked what was Mr. Green's for- she replied: "It is £50,000 or tune, more."

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

BIRTHPLACE OF BLACK WATCH

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

regiment.

STATUE HE WILL

NEVER SEE

RADIO BROADCAST

Relay of H. K. Hotel Dance Orchestra

Z.E.K. PROGRAMME

From Z.B.W. on a wavelength of 355 metres (15 kilocycles);

5-8 pm. European Programme. 5-7 jm. A Reiny of the Hongkong Hotel Danco. Orchestra,

7 p.m. A Relay from Daventry, Ronald Gourley In Songs at the Pianoforte.

7.15 p.m. · Danny

(Tenor) in Four Songs.

Malone

1. The Dear Little Shamrock

(Jackson),

2. She is far from the Land

3.

liughen).

Roses (Broones),

4. Sweetheart Darlin' (Kahn). 7.30 p.m. The London Palía- dium Orchestra.

Through Night to Light (Laukien). Blue Devils' March (are. Lotter). Wadded Whimsies (arr. Alford). Live, Laugh and Love (arr. Herbert).

Old Vienna Moon (arr. Cardew). The Maid of the Mountains-- Selection (Fraser-Simson).

8 pm. Local:; Time Signal, Wen- ther Report, Stock Quotationa and -Aunouncements.

K03 p.m. Chinese Studio Concert. 11 pan. Close Down. 8.05-10 p.m. European Pro- gramme From ZEK. on n' Fre-

8.05 p.m. The Boswell Sisters. Carroll Gibbons (Piano). Dinah .... Connie Boswell. Blue Moon...... the Boswell Slaters. Coronado-Selection.

Thanks a Million--Selection,

MORE than 6,000 miles lie between a man and a statue of him quency of 610 kilocycles.

which is to be erected shortly. He will never see it. The man is 66-year-old Sir Patrick Kelly, who for 11 years was Commissioner of Police for Bombay.

He retired two years ago, mad returned home to Britain. The statue is being erected by Indian and British admirers in honour of his work as Police Commissioner.

Sir Patrick'said that he finished with India when he left there two: VOTER ago after completing 'A yours' service with the Dukan

police.

"I am

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

Sir Patrick is the holder at the King's Police Medul, awarded in 1921, and a bar was added in

Mr. 1906.

BRITAIN

IS

LAST!

Washington, Apr. 8. "REAT BRITAIN IS BOTTOM

The next witness was the former | NATIONAL AIR RECORD LIST Ada-Burgess, now Ada Graca. She AS ISSUED HERE BY MR said she had been living under her CHARLES F. HORNER. PRESI- changed Green's sisters knew her, changed DENT OF THE NATIONAL

AERONAUTICAL ASSOCIA TION.

fulme.

пате since

Mr. Green gave evidence that he heard that Ads Burgess had died in 1910 and, when he went through the

with ceremony

Miss Boyers, honestly believed that the marriage was a legal one.

SUM"

ho

Sir Patrick Hustings titen suid: "3 has never been the desire of tho and I mercly propose to ask the jury defendant not to pay a proper sum, to find what is the proper sum.

"The present standing of the nations in regard to interna- tional aviation records," he has announced. "is: United States,

Moustached Guardsman

Leaves The Army

WITH MOUSTACHE STILL ON THE Guardsman Who Refused to Shave His Moustache Has left the Army.

And he Atill has bis maustache -the moustache about which questions were asked in the House of Com-

mons.

He is now phin Mr. Arthur Leslie Burs Bursell, of Hull. He is twenty years

Bursell, who was a private, was untenced by his ema sling-oficer to ten days' conlinement for refus ing to shave off the moustache, and in February Was court-martialled and sentenced to twenty-eight days' detention for not obeying the order of a regimental sergent-inajor.

He joined the Coldstream Guards six years ago,

"I have been growing a moustache ever since I was fifteen, and other The Guardsman's moustache is like this.

"When I was told that I would be

Ils present capital was almost the12: France, 37; Italy, 28; Ger- sime as hers-about £20,000.

many, 8; Poland, 8; Britain; 1." men In the regiment have, mous READY TO PAY A "PROPER

taches exactly like mine," he said. The record Great Britain now

"I was ordered to shave it off, but holds is the London-Melbourne I did not like this, and asked to see the speed record set up by Mr. C. W. commanding officer. He also said I A. Scott and Mr. Campbell-Black | had to shave it off. when they won the Melbourne Centenary Air Raco in 1934. "If there is an action for breach of Their time from England to AN OVERHEARD TALK promise I submit that it is Statuto Australia was 70 hours 54 miles

burred. If it is said thero is an 18 seconds.-Reuter, There, said Mr. Tucker, a very dis netion for fraudulent misrepresenta quieting incident occurred. Boyers overheard Mr.

Lion, I say there is no ovidence to Green veraing in an adjoining ront with a *support and no evidence of conceal- Mr. Jackson, his brother-in-law. Led

Fraud Mr. Tucker replied that there would

MinH

con-

She heard, the brother-in-law say: be deceit if, throughout a union, a "How old were you the first time you married? The next question man withheld from the woman some was by Mr. Green, who asked: material fact. That was sufficient to "Where is she now 7" and air. Jack. preserve the ewise of action. son replied: "She married, and vory happily too."

Miss Beyers asked her husband for an explanation, and he said that there had been a "boy and girl nfnir" be tween him and a girl, and that it was not a valid marriage. but "Gretna Green affair."

!

•

Women And Savages

Have Common Bond!

given ten days' connement in bar- rucks I protested and asked for a court-martial.

"Walle I was speaking to the commanding officer, the regimental sergeant-runjor ordered me to fall in. This put me in a difficult posi tion, because I felt it would be dis courteous to the commanding officer to fall in before he had given me an answer.

for re-

was court-martialled fusing to obey that order, and my detention followed, but while they cut my hair they could not shave off_my_monatache,"

Sir Patrick sold that the only reason he had been

een a little shy of raising his

Sir V. Warrender, Financial Scere- technical defences was that he did not

lary really

raise them. want to

to the War Office, made. Green was anxious to avoid

statement in the House, and said Air. liability,

Wal In a recent test conducted in of

under King's Regulations a But he desired course.

was at liberty to grow a to make proper

the United States, it was found soldier compensation in any

moustacho, but it was that women and savages showed discretion of a commanding officer evert and was particularly anxious

within the He also said that they did not get not to have any charge of fraud found the same preference for certain to order its removal if it presented on well, that the girl went back to against him. her people and that there were no Addressing the jury, Sir Patrick colours, the orders of choice be- an "unsoldierly appearance.

children.

She believed the explanation, but said: "In my experien it is an ab- ing: red, violet, green, blue,

after they returned to South Africa

solutely unique case."

The man did not wish to avoid any

forange, white and yellow.

she had some doubts and misgivings, of his legal obligations. He wanted order af preference was given, blue and decided that next time they come to go on giving a home to the woman being the favourite.

With men, au entirely different Sportsman's

to England she would find out the always thought was his wife and he truth. When they came to England in 1

Asked whether there was any 1035 she went to Somerset House and wanted to go on having his son under other known psychological indica- learned that on April 28, 1900, she would not let him.

hla care. But he could not, because tions, which showed that women Mr. Green was married at Halli-} *ut ask you," he added, "to say that were nearer to the navago state than well, Lancashire, to Ada Burgens. in 1923 my client honestly beloved hemen, Dr. A. H. Martin, honorary

On Oataber 9, 1901, counsel went on, a separation order was made against Mr. Green, who was ordered. to pay his wife 108. a week. He paid for a few weeks and then dis- appeared.

a

Mins Beyers realised that far. 13 years she had been living with man, thinking that she was his wife, and that for five years she had had boy whom she thought was her lawful son

In his dofenca, Mr. Tucker added, Mr. Green admitted his marriage to Ada Burgess, but he pleaded that, despite Inquiries, ho falled to find her, and had presumed that she was dead,

Mr. Green was asked to give par ticulars of the inquiries, and he re plied that they were made by him when he visited England aubsequent

te:1001%

was free to marry again." ·

•

The claim was dismissed.

ORDERS FOR NAVAL TOASTS

director of the Australlan Institute of Industrial Psychology, said to- day that it was a question that called for the greatest discretion in answering,

Opium Pipe

· Brussels, Apr. 8.

UNMASKED smoker

Rs. 4

Carroli Gibbons,

Stars fell on Alabama. Judy Carroll Gibbons. Don't let your love go wrong. Why don't you practice what

you preach. ...The Boswell Slaters. 8.30 p.m. "William Tell-Over ture (Rossini) played by Members of La Scala Orchestra, Milan.

843

p.m. Vocal Gems. Lady Luck (Rogers).

The Vagabond King (Friml). Rio Rita.

Follow Through (Henderson).

9 p.n. A Relay of the Daventry News Bulletin (Copyright by Reuter). 8.15 p.m. Organ Recital by Sydney Gustard,

1. Hermann Lobr Medlay,

2.

Eric Contes Medley.

4.

Teddy Bear's Pienie.

4. Grasshoppera' Dance.

9.30 p.m. Dance Music

10 p.m. Big Ben: Close Down.

DAVENTRY PROGRAMMES

VED

The following wavelengths and freqnineles are sherrved by Daventry,

Call Blan Frequency Wavelength

0,060.c. 49,29 metres #510 k.. 31.85 metres. 9.85 12. 21.30 metra 25.23 metres 25.28 metres

480

GSD

CRE

GSP

31,760 1.e. 25.805 1.4. 15,140 k..

109

сап

GRI

GAJ

. CSI,

17.790 $.c.

1470-c

ID.RZ metron 14.24 metro 13.07 stres

metres

15,208 1.c. 19.0 metres 21,540 .. 12.31

4.110 k... 49.15 wires

Transmission 1

46.8.N.; G.8.B.)

1.15 p.m. Il en. The h.n.c. Dance

Orchestyn.

$.60 p.m. The Fasir Crochets," Closs.

Harmony Hinger. 1.50 p.m.

The ILC, Dance Orchestra, 1.55 p.m. Talk: "Living in the Past."" 2.10 p.m. Viennese Palpourrt. The D..C.

Empire Orchreiza. Greenwich Time Blanal at 2.15 p.m. 2.65 p.m. The News and Announcementu. „ 3. pim. Close down.

Transmission-2

(G9J., 6.5, G., G.S.D.)

7 2.111. Al Tien. Ronald Gourley in cong

at the pianoforte.

7.15 p.m. The BLC, Midland Orchestru.

Greenwich Time Signal at 8p.m. 5.15 p.m. Talk: "Hpeed."

8.25 m. Maxie by the Strauss Family. DD.m. The News and Announcements. 9.70 p.m. Arthur Salisbury and his Ür

cheaten. 1.45 p.m. Close down,

Transmission 3

(0.8.6, 0.8.2) -

it pm, Ber Ban "Lifeboste."

10.10 p.m. A Reclial of Popular Balluda

by Margaret Lander (Soprano).

10.13 p.m. Prona teading.

11 pai, The Amington Band.

11.45 p.m. A Pianoforte Interlude by

..

Ernest Lush.

* 11.33 p.m. The News and Announcements.

12.15

The Cellini Trio, Edward Roach · (Tenar).

dewwich Time Bignal at 11.10 ..

Close down.

EXCHANGE

TO-DAY'S OPENING

QUOTATIONS

Selling

of opium, M. Maurice Collar de Thuin, an inter-

TWW. national boxing refereo, has Demand been sentenced at Brussels, - T.T. Shanghai

T.T. Singapore Roth, two airmen, and well- TT. India

A prominent boxer, Gustav

T.T. Japan

"In the savage state we see the known people in Belgian boxing TT. San Frisco & New York human race enjoying a simple code and fogí circles gave evidence (TT. Javu.

of conduct, within the limits of in the

which Innate Instinctive tendencies Do'>

London, Apr. 10.

T.T. Franco Fleet Orders Just issued state

T.T. Manila that the health of the King should

who was President of TT. Bankok be honoured seated in all naval are allowed free play," he anld. the Belgian Boxing Federation TT. Salgon messes, whether on board ship or in civilised Ufo our complicated and the International Boxing TT. Lisbon on shore, on all occasions except rules of conduct so overlay our Union, was charged with keeping ||| (B) when the National Anthem is primitive traits with a venoor of played; the toast should then be culture and manner, that we often opium, and facilitating the use of 4 m/s. L/C,

oplum

and cocaine, smoking drunk standing (b) when toasts to forget human nature is the same in drugs by another person. foreign head of States, are in- cluded they and that of The Ye

every stage... "King" should be drunk, standing, “Where the majority of men sook frankly take the simpler course of * whether national anthoma ate play" to "away their conduct by reason following the dictates of their

and tradition, women,

rule, emotions.

ΤΑΝ

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$2.50. TROUSERS Viyella: Tropical

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