1937-04-12 — Page 15

HONGKONG THE

TELEGRAPH. MONDAY, APRIL 12,

1937.

IBIS BRANDY

Intervention In Simpson Divorce THE GENUINE COGNAC BRANDY.

Action "Based

Based On Rumours" Withdrawn By Intervener

NO COLLUSION IN IPSWICH CASE

THOROUGH INVESTIGATION INTO ALLEGATIONS

-ATTORNEY GENERAL

am directed by the President (the letter read) to bring to your notice an Intervention, after the de- cree nisi, of Francis Stephenson in the salt of Simpson against Simpson, and a request that you will be good enough to assist me by investigating the intervention.

1 enclose a copy of the appearance entered by the intervener.

and these I think were stated in the accessory to, or connived at, the adul document that the suit was a collusive tery of the respondent.

(3). Whether there had been con- one, and that there had been con- duct on the part of the petitioner duct on the part of the petitioner which, unless the Court exercised Its which, unless the Court exercised its discretion in her favour, disuntitled discretion in her favour, disentitled

her to the relief: she sought. her to the relief she sought.

Lines of inquiry suggested were followed

followed up by the King's Procter, who applied his own great experience throughout the investigation of this matter to see whether there was any evidence of uny matters proper to be brought before the Court.

Though

there were the three heads of inquiry I have just stated there were only two matters which the intervence communicated.

on

"He told the King's Proctor fur- ther that he was not possessed of any evidence to support his allegations, and they were based rumours which he had heard from friends and news which he had geen in the

The President: Is Mr. Stephenson

The President desires me to call your attention to Matrimonial Causes ule 62, under which an intervener Rule

s required, within four days of enter-press." is Ing an appearance, to file affidavita- netting forth the facts upon which here to-day, or represented?? he relics.

no! nied

The President, Sir Boyd Merriman, ( Ipswich Assizes would be held the Rule

UND

ut

Your

the

'NO EVIDENCE"

Sir Boyd Merriman: Collusion of conduct which the

the one hand and ought to have been brought to notice of the Court on the other,

MISAPPREHENSION

The Attorney General: We gave him notice, and I am told he is here He further informed the King's Proc- for that, having regard to the events which happened in December, 1930, and which are now matters of history, he had decided to withdraw his inter-everything. Before informing you

vention.

Sir Donald Somervell: It raised

I should like to make one or two the King's

Proctor In its

оп

Qulside the entrances to the intervention by Mr. Stephenson, ex-proceeded, tred the King's Precior Hon would be forthcoming.

The intervener in this case has

affidavits any

will appreciate, the letter

of that, by virtue

50 decree heard an application in the Divorce peillioner would be residing

absolute cannot be pronounced ED Court in London arising out of the Beech House, Felixstowe,

Suffolk "That was done under section 70 long as this appearance remains upon sult which was heard at

the record, and that, after completing October, Assizes last

Mrs. of the Judicial Procedure Act. when

AN INTERVENTION

Investigations, it will, of course, Ernest Simpson obtained a decree

"On December 9, 1936, a Mr. be open to you to

for directions apply.

"It is right, I think, therefore, to what the result of the inquiries was nial against her husband. Mr. E. A.

intervened and alleged in us to

in Stephenson

which the op- the manner Simpson did not defend the sult,

The application was listed as one his notice of uppearance that he pro-pearance should be dealt with, either say that he had decided not to pro- other observations

the administration of justice. by the King's Proctor "for directions." posed to show cause why the decree alone or in conjunction with sich .ceed for considerations irrelevant to Proctor's powers in these matters. There seems to bo some mis- "On the other hand it equally up- The Attorney General (Sir Donald nisi should not be made absolute by Investigations as you may make.

opprehension. "The President desires me to say

to sup Clifford reason of material facts not having Somervell, K.C.) and Mr.

make pears that he had no evidence

"It may surprise you to know," the Mortimer appeared for the King's been brought before the court, and that, if it is desired to

General went on, "that in Attorney Mr. Norman Birkell, K.Cor Proctor, Mr

or by reason of the decree having application, it will be heard in open port. his intervention. It is right to

court, and the file of papers is, as say that, if he had not come to the some of the communications, and also

decision referred to, he said he would some and Mr. Walter Frampton were for been obtained by collusion.

appearance was usual, open to your investigation at "Notice of the Mrs.

have made inquiries, but he was un-in some of the statements which have Simpson.

MI. Stephenson to the the divorce register.'"

able to indicate to the King's Proctor appeared in foreign newspapers, Every sect in the public gallery given

BASED ON RUMOURS and the court was occupied some time petitioner's solicitors on December 10.

country has some further step was taken in this "We understand," Attorney General any source from which it was likely appears to be thought that the King's before the

sut. Queues Judge

that your Lordship ex-that evidence to justify his interven-executive

power

ver under which, quite the gathered

Becuro cept that December 14 he gave pected and desired the

The matter which I wish to deal independently of any action by

Court, he can declare that a divorce court vainly attempting

notice by letter to the petitioner's lo report on the matter referred to,

does not end there, should not go through, and therefore admittance.

sholl The

time, and mediately the president took his scat, tion to file affidavits, or proceed fur-think proper, at an early date-not because, as

to wait until the Gral date al which later, this case was at that

has been sirce, under careful investi- Sir Donald said: "In these pro- ther with this matter.

I understand it, having regard application might be made for "AS ceedings. I oppear with Mr. Clifford Morumer on behalf of the King's to rule 56, a decree nisl cannot be decree absolute and I have appeared gallon by the King's Proclor.

"I thought it right to appear my- mode absolute so long as an ap- this morning on the application for Proctor.

compel unyone whom he approaches This was an undefended sult, in penrance entered by an intervener directions which the letter indicated self at these proceedings, chiefly for

should be made. remains on the ale.

The King's Proctor, who investito answer questions or to give inform which the wife, the petitioner,

"It occurred to me, if I may say to "On detrec

January 19," continued the 27, 1036, obtained a Octobersicht Assizes on the ground Attorney General, your orto have thought it possible that, Mr. in accordance with my directions, has voluntarily given by those willing to

that your Lordship may gates these matters and intervenes

"He has to rely solely on evidence of the adultery of the respondent with directed that the

appear as witnesses. 9 woman described in the petition us notice should be drawn to the Inter-Stephenson, at the time that he made received a number of letters urging Mrs. F. H. Kennedy at the Hotel de vention and requested that it should his intervention, had information or or suggesting that pressure has been available evidence in his possession, brought to bear upon him, or me, Paris, Bray, on July 21-22 and July REQUEST TO KING'S PROCTOR

but had decided not to proceed for to refrain from having this case in- I would like, if I may, to read the considerations irrelevant to the ad-vestigated, or to refrain from bringing before the Court any evidence which letter which the King's Proctor re- ministration of justice,

The King's Proctor SOW Mr. might be forthcoming which

to be properly my opinion, ceived from the Senior Registrar, which is the basis on which I appear Stephenson, who stated

grounds of his intervention were brought. here this morning:

to

on

Attorney General rose im-solicitors that it was not his inton-nnd any other matter which he might with this morning, tell your Lordship (a divorce does not go through.

22-23, 1936.

on

"The venue of the trial was fixed at Ipswich Assizes by order of Mr. Registrar Long on the application of petitioner; supported by un afdavit of hor zolleitor that at the time the

be

King's Proctor's

Comer See

The New

TOBRALCO RANGE

No other fabric offers such a splendid choice of designs. No other wash cotton makes up so beautifully or gives such lasting service in wash and wear. Every age and every taste finds joy in Tobralco.

The Tootal Guarantee: "Should dissatisfaction arise through any defect whatsoever in the material, Tootal's will replace it or refund the price and pay the cost incurred in making up."

TOBRALCO

A TOOTAL PRODUCT

You Can See The TOBRALCO RANGE At Kayamally & Co., The Sun. Co. Ltd.

The Sincera Co. Ltd., The China Emperium Ltd,. Whiteaway Laidlaw & Co. Ltd., Bombay Silk Store,

Siciani Silk Store-Kowloon.

A

one reason.

that the in

"Coming a little nearer to realities, It is, I thinks, not perhaps generally realised that the King's Proctor has, of course, no power of any kind to

ation

"He is, of course, in that respect in exactly the same position as a private intervener or party lo case, or any one else in this country, with one or two statutory exceptions, which co- was, ver

a very small compass, "In making this general observation that the King's Proctor can rely, and "My Lord, there is no truth in rely only, an evidence of those willing either branch of that allegation. No to appear, I do not imply that in this pressure of any kind, or from any case, or in any other individual case, source, has been attempted to pre- there are facts on which intervention vent investigation or any action which could be based if only evidence was I might think proper.

forthcoming.

"Before leave that question of alleged pressure I should like to state what is, I know, well known to your Lordship, the position of the King's Proctor in these matters with refer- ence to this particular question of intervention.

POSITION OF KING'S PROCTOR

"Section 183 of the Supreme Court Judicaturo Consolidation Act, 1925, subscellon 2, says:

of

After the pronouncing decree nisi, and before the decrce is made absolute, any person may, in

would be quite wrong" and contrary to the principles on which our law is based to make any such suggestion. In these courts we are concerned only with facts provable by evidence.

The "IBIS" Cognac distilled by Joseph Gautier & Fils is a Pure Cognac Wine Brandy, distilled in the Cognac District, from selected Wines only. The Brand of "I8IŠ" is a guarantee of perfect quality..

$4.90 por bottle

3 Stars 5 Stars

V. O.

V. S..O....

5.25

"

5.50

>

6.25

"

V.S.O. P... 6.90

Extra Special Reserve

THE GREYS

Obtainable at:

Sincere & Co., Ltd. Wing On Co., Ltd.

.$11.75

15.00

Mossrs.

11

The Sun Co., Ltd.

+5

Kwan Tye Loong.

Tai Wo Compradore (Kowloon)

SILK CUT VIRGINIA

GREYS

MAJOR DRAPKIN & CO. LONDON

Hung Choong (Kowloon)

THE PERFECT FLAVOUR

of true Virginia tobacco, care- fully selected and blended, is preserved for you in all climates in Greys cigarettes by the.. special airtight tin container. Obtainablefrom...

CIGARETTES The result of the King'e Proctor's Inquiries hitherto, on all aspects of this case, including points mentioned by the intervener and the discussions which he had with me, is that there

is

no evidence which would justify me in directing intervention.

"This statement covers the three

points, including those mentioned by

the prescribed manner, show cause the intervener. We thought it right why the decree should not be made to inform the Court of the result of

absolute by

by reason of the decree our inquiries hitherto up lo

having been obtained by

"facts****"not"|

+

by reason of materia collusion, or date." having been brought before the Court, and in any such case the Court may mi

make the decree absolute

... or otherwise deal with the case as the Court thinks it'

MR. STEPHENSON'S WITHDRAWAL

this

When the Attorney General resum- ed his seat Sir Boyd Merriman in- quired "Is Mr. Stephenson here?"

An elderly man who was sitting at and authorises

thorises any person to inter- the solicitors' table at the front ef vene in the prescribed manner," Sir the court stood up answered, Donald proceeded,

"Yes, my lord."

"That section is, of course, at large,

any person.'

and

IL is under that section that the "I would like to just say this, my King's Proctor intervenes in the lord," he observed. The facts as ordinary case after the decree nisi. put before your lordship by the learn- He intervenes as

ed Attorney Generul are bubstantially "It is therefore perhaps worth sub-correct, and that applies to any steps mitting of

ing or pointing out that pressure taken by me and anything that may of the kind

suggested would have have been sald by me since.

“I udhere to my decision to with- been singularly futlle because under the words of the section the King's draw, and I will consent to any Proctor has no exclusive power or order," Mr. Stephenson added.

MR. N. BIRKETT authority to inform the Court.

Mr. Normau

minu Birkett, K.C., then ad- for 'pressure. "50 much "Nor is there any truth in the dressed the Court.

"The words I desire to say will be suggestion that the King's Proctor

he told the President. has, upon his own motion or under very few,"

I shall be understood it I do not my direction, treated this case

from

the Attorney General in the way differently

in follow that which he treats other cases-by comprehensive statement he has made, dealing with the many matters following up any line Inquiry suggested to him, or by making in- of public importance which affected

account

him, If quiries upon his own

of course, particularly. "Hearing the details ΤΟΣ this applica eircunstances suggest in any way that such inquiries ought to be made. tion, as I do now for the first time, on behalf of the petitioner I welcome "THOROUGH INVESTIGATION"

that full and comprehensive state- ment for this reason it is impossible for the petitioner to deal with rum- ours and gossip,

any

of

En

"In this case the King's Proctor has had a large number of letters from outside, based, for the most part, upon

"It is impossible for her to deal the merest gossip and rumour, others with allegations of pressure, and a without suggesting in any way that

the writers had any source of Inform-statement of that kind cannot foll

that investigation

ation to sub

this

tion.

In

iny

assist

to do harm.

"On January 19 this year we, should be

"Apart from those letters there acting for the petitioner, received this were circumstances connected with letter from the Senior Registrar

"I have to inform you that 'by case which made it, opinion, a proper case for investiga direction of the President I have re-

quested the King's Proctor to "Among other circumstances there his Lordship by investigating the was the fact-referred to in a number appearance of Mr. Francis Stephen- of communications received that a son in the above sult, and the grounds case, which might ordinarily have for such intervention." been expected to come on in London half of the petitioner was returned:

21 this answer on be In fact came on at Ipswich.

Sir, we beg to acknowledge re- "There were other matters which I don't think it is necessary nor do I ceipt of your letter of yesterday's think it would be proper to particu-date, the contents of which we ob

scrve If we are able to give any "It is nuffelent to say that there assistance to the King's Proctor in were clrcumstances which, in our the course of his investigations view, made it a proper

indicated,

larist.

Caso for

"On January

investigation and, at some time prior disposal Our services will be at his

"This indicated that so far as the the King's Proctor had, inquiry by the King's Proctor into

to the reference of Mr. Stephenson's Intervention,

in the ordinary course of his duties, all the relevant, matters connected

been carrying out a thorough investi- gation of the

the case

THREE LINES OF INQUIRY "In making those inquiries he had three matters in mind:

with this case was concerned the petitioner and those acting for the petitioner were anxious to co-operate in that lavestigation, and to facilitate the fullest Inquiry into into

all those

(1). Whether, the case was an ar- matters. The sintement of the!

ranged or collusive one.

(1) Whether the petitionor was an

"In

(Continued on Page 7.)

SOLE AGENTS

TABAQUERIA FILIPINA

WHEN AT HOME

The

Hongkong Telegraph

MAY BE PURCHASED

AT

SELFRIDGE'S

· THE

HONGKONG

PENINSULA HOTEL:

HONGKONG HOTEL; REPULSE BAY HOTEL;

&

SHANGHAI

ASTOR HOUSE; PALACE HOTELS;

HOTELS

LIMITED.

In association with the Grand Hotel des Wagons Lits, Peking

RUNNYMEDE HOTEL, LIMITED, PENANG.

The most fashionable

and

leading Hotel,

Finest position with magnificent

Sea-front.

Private Cars.

Samo management

Crag Hotel, Penang Hills 2,400 ft.

Page 15Page 16