1937-04-08 — Page 12

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THE HONGKONG TELEGRAPH. THURSDAY, APRIL 8, 1937.

KINGS Woman In Gaol Appeals ALHAMBRA

SHOWING TO-DAY

""

She Had A Right

Any Man Was

AT 2.30, 5.10, 7.25 & 9.40 P.M.

Kay Frances

To Wonder If

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"GIVE ME YOUR HEART

GEORGE BRENT

ROLAND YOUNG • PATRIC KNOWLES-HENRY STEPHENSON - FRIEDA INESCORT

A Warner Bros. Piztuṛa • A Cosmopolitan Producilon - Directed by ARCHIE L MAYO

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KING OF THE ISLANDS?

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'A THREE-RING THRILLER!

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CHARLIE CHAN AT THE CIRCUS

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To Briton, 'Come And

Clark Gable'

MR.

Birmingham, Mar.. 1.

[R. H. NEWTON, Birmingham factory inspector, has

· received from Mrs. Violet Wells Norton, in a Los Angeles gaol charged with attempting to extort money from Clark Gable, a letter pleading with him to travel to the United States, face the film star, and say whether he is the man whom he knew at Billericay, Essex, as Frank Billings.

"SWEEP" TICKET

Drew Prize Of £821

In Lottery..

FAMILY DISPUTE OVER

OWNERSHIP.

Lon! Stevenson in the Court of Session, Edinburgh, recently

gavo

Her iriol, says Mrs. Norton, arises from a claim that Clark Gable is the father of her thirteen-year-old daughter Gwendolyn.

She protests her Innocence, says she never .demunded money from Clark Gable for herself, only for her daughter.

Mr. Newton is beseeched, "Do all! you can to help me."

Mr. Newton said that he

Judgment in an action at the Instance and previously received a request

of William Clayton, sen., Edward for full information regarding Frank Clayton. Jun

miners, residing Billings from Mr. Philip W, Erbsen,

Old

Mrs. Norton.

See

EAGLE TAMER

at Kirkwood,

Bill Jenkins, famous artist, has Monkland, the American lawyer who is defend-exploded the old theory that birds of Lanarkshire against Hurry Clay ton, mining, contractor, Monkland View Crescent, urgeddie, Lanark shire, for payment of £61 12s. 6d. to cach of the pursuers.

The pursuers in the aellon are the father and two brothers of the de- fender. They called upon the de- fender to pay to them the balance of sums which they alleged to be their share of a prize, obtained by a ticket In the Irish Free State Hospitals sweepstake for the Derby of 1930.

They averred that the defender pur- chased a ticket on behalf of himseit and these three pursuers; that the ticket drew a prize amounting to £821 IDs, and that they were each entitled

to one-quarter of that sum.

The defender, on the other hand, maintained that the pursuer William Olaylon, fun, had no share in the lottery teket, which was held by him- self to the extent of one-half, and the first and second named pursuers to the extent of one-quarter ench, and that he had paid to them their proper proportion of the proceeds of the ticket. He further maintained that the action was incompetent in respect that the pursuers' claim was based upon pactum illicitum, and that the action should be dismissed.

„ACTION DISMISSED.

antric for breach thereof. The i

prey cannot be tamed. He has | trained engles, hawks and other birds The letter came by air mall of prey and is seen above with one and I answered It in a similar of his domesticated Imperial Engles manner," he said. "I

Save Mr. Erbsen the fullest information re- garding Frank Billings. It is Im-

possible for me to travel to Ameri-SHOT MOTORIST KEPT

ca, although I am certain that it I met Gable face to face I would Immediately know whether or not he was the Frank Billings of my acquaintance.

"There is, to say the least, a most

SECRET FROM WIFE

EXPECTED DEATH WITHIN TWO YEARS

remarkable resemblance, between the RELIEF that he had less than two

two."

1

усага to liv was the

tragic secret of Bernard Arthur Algar Gable is identical with a Frank Billasey, Cheshire, a Liverpool, business *** Mrs. Norton claims that Clark Hamill, 40, of The Bungalow, Wal- ng who was her friend and neight-man, which was disclosed at the in- bour at Billericay in 1022-3.

Norton or ever been in England.

Gable denies he has ever seen Mrs,

Messrn. L. R. Nielson and Co have issued invitations for un inspection of their premises, Gloucester Build- Ing, first floor, from 11 am to 1 p.m. to-morrow.

Scotland, the effect of which was un- Idoubtedly to show that while the Court. {would not determine who had won the bet they would determine who was cattled to the proceeds thereof.

quest on lm at Soutlibourne, Sus- 3CX.

Homill's body, shot through the head, was cast up by the sen on the beach at Prinsted, near the spot where, 24 hours before, his aban- doned car was found.

Recovery of the boily ended · a dramatic search by police and villagers. For 24 hours, in driving rain, creeks and woods round the village had been cumbed for signs of the missing man.

"My brother was suffering from an Lord Stevenson sustained the de-

internal complaint, which Was fender's plea, and dismissed the action.

worrying him very much," John His Lordship said the defender's plea is Lordship thought that the defence Patrick Hamill, with whom the dead was based on the fact that lotteries arose from a misapprehension between mun resided, told the coroner. "He were by the inw of Scotland the law of boiling and the Int of told me he did not expect to live

and illegal,

that the Courts lotteries.

more than two years. would neither enforce contracts

"He retired from the Australian 10 lotteries

Belting was not, and never had owned nor

been, illegal, in accordance with the to start business as a motor-engineer. Navy last July, and came to England he most recent statute, the Betting and Lotteries law of Scotland. It was true that the His wife and twa children, who are Act 1934, section 21, was in neral Legislature had largely controlled

general

the in Australia, were to join him this terms. I stated, "Subject to the pro-place where lets might be made, and

thow

they visions of this part of this Act, all

might be entered into or 11 followed perhaps it was more correct to say lotteries are unlawful." from this provision that the Court where they should not be made, and would neither enforce implement of a how they should not be entered into;! contract relating to a jottery, nor out there was na Act which struck award-damages for breach-of-sucht-betting-generally. contract.

summer.

"His ambition

business lo provide for

was to build the them.. They dici not know of his illness."

Frank Ivor Catlin, Hamill's brother-in-law. of London, told the coroner how on the day the car wor According, however, to the common found abandoned Hamill told his The question in this case was, on law of Scotland, betting had always maid over the telephone, "Mr. Cat- whose behalf was the fiękel in ques- been considered n sponsio ludicra liff will find my car outside the cot- tion purchased, or who were the own which had been described as "a mat-tage at Prinsted." He rang off with- ers of the ticket that drew the prize, ter not serious enough to occupy the out saying where he was, The pursuers asked the Court to de- attention of the Court," and the Court clare that they were entitled between would not determine who had won them to three-quarters of the prize-abet in the sense of which horse money, because they were owners of or dog had won a race. If, however, the ticket to that extent. If, however, there was no question as to

which

a lottery was illegal according to law, horse or dog had won, the Court would the Court would not determine that determine which of, the two claimants question. To do so would be to lend was entitled to the prize. its ald to the pursuers in order that

they might recover a prize in a lottery. MADE NO DIFFERENCE

"Hamill was suffering from neute insomnia," Me. Catliff continued. "He ate very litle, and he was Ilving chiefly on strong tea. He months. no sleep for three Last June he underwent an opera- tion.

The position was, however, different Sergt. Burridge declared that he Hamill's car near Prinsted where the contract under consideration found arose in furtherance of an act which Marsh. The following morning his A bullet had ap- that body was found, had been declared legal. In

gone right through the His Lordship thought it made

no case the Court would refuse either to purently difference that that lottery was con- enforce implement of the contract to temple ducted outside of the United Kingdom. take shares in a lottery, or to enforce A verdict of "Suicide widdle of un- If, by the law of Scotland, a lottery any contract in furtherance of such sound mind" was returned, was illegal, the Court in Scotland object. If the Court would not give

would not enforce any contract with decree in favour of the ticket holder His Excellency the Governor and reference to that lottery in whatever because the contract was illegal, his country the lottery os carried out. Lordship could not see on what prin- Lady Caldecolt

are to attend

the

Counsel for the defender further ciple the Cour! would determine what charity ball being held at the Penin- was a very similar question-in what sula Hotel to-morrow at 9.30 p.m. drow his Lordship's attention to proportions were the various owners Guests are requested to bring their Section 22 (1) of the Lotteries Act of the ticket entitled to the proceeds, tickets with them. and argued that if the sale of a ticket was illegal the purchaser must neces- sarily be a party to an illegal trans- action. They could not have a seller without a purchaser. His Lordship thought the defender was correct in this argument also. In his Lordship's however, the defender did not to pray

ray in aid of section 22. That section was, he thought, enacted solely for the purpose of rendering persons who sold tickets llable to ane, and that because they were guilty of transaction which was illegal under the previous section of the Act.

A

Whether or not that section had been enacted, he thought that lotteries hov- ing been declared unlawful, by the previous section, the law would not have enforced any contract with re- ference to the various acts detailed in sub-section (1) of section 22, as all these acts were acts in furtherance of the lottery itself.

to

The pursuers admitted that a lottery was legal. They referred to section 22 of the Act and stated that that section struck at the sole of Wakels und not the purchase thereof. His lordship thought that the purauer's course) overlooked the fact that section 22 was confined to imposing penalties on cer tain transactions with reference lotteries. For the reason above stated, his lordship did not think that illegality was confined to transactions for which penalties were imposed under section 22.

LÉGISLATURE AND BETTING Tho pusuers likened a ticket in a lottery to a bet, and referred him to several cases bath in England and In

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