1937-04-12 — Page 3

THE HONGKONG

TELEGRAPH.

MONDAY,

APRIL 12, 1937.

Intervention In Simpson Divorce

Action "Based On Rumours”. Withdrawn By Intervener

NO COLLUSION IN IPSWICH CASE

THOROUGH INVESTIGATION INTO ALLEGATIONS

—ATTORNEY GENERÁL

The President, Sir Boyd Merriman, heard an application in the Divorce Court in London arising out of the sult which was heard at Suffolk Assizes fast October, when Mrs. Ernest Simpson obtained a decree nisi against her husband. Mr. E. A. Simpson did not defend the sult.

"I am directed by the President and these I think were stated in the accessory to, or connived at, the attul-

your document that the sult was a collusive tery of the respondent. (the letter read) to bring to

(3). Whether there had been con- nollee an Intervention, after the de-one, and that there had been con- cree nist, of Franels Stephenson Induct. on the part of the petitioner duct on the part of the peilioner the sult of Simpson against Simpson, which, unless the Court exerelted its which, unless the Court exercised its

her favour, disentitled discretion in her

her favour, disentitled and a request that you will be good discretion enough to assist me by investigating her to the relief she

her to the relief she sought. sougat "He to

fold the King's Proctor fur- "Lines of

of Inquiry suggested were the intervention.

ther that he was not possessed of any followed up by the King's Proctor, evidence to support his allegations, who applled his own great experience on rumours throughout the investigation of this and they were based which he had heard from friends matter to see whether there was any and news which he had seen in the esalence of any matters proper to be

brought before the Court. The President: Is Mr. Stephenson here today, or represented?

"I enclose a copy of the appearance entered by the intervener,

"The President desires me to call your attention to Matrimonial Causes Rule 52, under which an intervener is required, within four days of enter-press." Ing an appearance, to file affidavits setting forth the facts upon which

he relics.

The intervener in this case has not fled any affidavits,

'NO EVIDENCE".

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

Sir Boyd Merriman: Collusion on conduct which the one hand and

the ought to have been brought to notice of the Court on the other.

MISAPPREHENSION

The Attorney General: We gave You will appreciate, the letter notice, and I am told he is here. Ipswich Assizes would be held the continued, that, by virtue of the the further informed the King's Proc

Rule 50 A decree

tor that, having regard to the events petitioner would be residing at Matrimonial

absolute cannot be pronounced Beech House, Felixstowe.

Sir Donald Somervelt: It raised "That was done under section 70 long as this appearance remains upon which happened in December, 1936, the record, and that, after completing and which are now matters of history,

had decided to withdraw his inter-everything. Before Informing you {he of the Judicial Procedure Act.

It will, of your investigations, AN, INTERVENTION

f course,

vention. "On

9, 1030,

"It is right, I think, therefore, to what the result of the inquiries was a Mr. be open to you to apply for directions

I should like to make one or two and alleged in as to the manner in which the ny- Stephenson

other observations on the King's appearance that he pro-pearance should be dealt with, either say that he had decided not to pro- The application was listed us one his notice of

the administration of justice.

There seems, to be some mis- On the other hand it equally ap apprehension. The Attorney General (Sir Donald nisi should not be made absolute by investigations as you may make,"

Clifford reason of material facts not having

pears that he had no evidence to sup

"It may surprise you to know," the Somervell, K.C.) and Mr. Mortimer appeared for the King's been brought before the court, and

say that, if he had not come to the Attorney General went on; "that in Proctor. Mr. Norman Birkett, K.C., or by reason of the decree having

port his intervention. It is right to decision referred to, he said he would some of the communications, and also in some of the statements which have and Mr. Walter Frampton were for been obtained by collusion.

have made Inquiries, but he was appeared in foreign newspapers, Mrs. Simpson.

able

the King's Proctor indicate to to

appears to be thought that the King's "We understand." Attorney Generul any source from which it was likely Proctor in this country as some under which, quite executive power independently of any action by the Court, he can declare that a divorce.

by the King's Proctor "for directions."posed to show cause why the decree alone or in conjunction with such ceyd for considerations irrelevant to Proctor's powers in these matters.

"Notice of the appearance was given by Mr. Stephenson to the petitioner's solicitors on December 10.

The President desired me to say Ra that, if it is desired to make application, it will be heard in open court, and the Ale of papers is, usual, open to your investigation the divorce register."

f18

at

Every seat in the public gallery

BASED ON RUMOURS and the court was occupied some time

"No further step was taken in this sat. Queues before the Judge gathered outside the entrances to the intervention by Mr. Stephenson, ex-proceeded, "that your Lordship ex- that evidence to justify his interven- The matter which I wish to deal secure cept that on December 14 he gave pected and desired the King's Proctor tion would be forthcoming. court vainly attempting

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

your admittance.

shall tell

Lordship solicitors that im- The Attorney General rose

affidavits, or proceed fur-think proper, at an early date-not because, as I

final date at which later, this case was at that time, and until the walt Sir Donald said: "In these pro- ther with this matter.

"As I understand it, having regardoppileation might be made for a has been since, under careful investi ceedings I appear with Mr. Clifford

Klag's to rule 60, a decree nisi cannot be decree absolute and I have appeared gallon by the King's Proctor.

"I thought it right to appear my Mortimer on behalf of the

an nde absolute so long as ap- this morning on the application for

should be made. remains on the fie

mediately the president took his scat, on to t lt was not his inten- and any other matter which he might with this morning does not and there should not go through and therefore

to

| a

divorce does not go through. "Coming a little nearer to

was an undefended suit. In perance entered by an intervenerdirections which the letter indicated self at these proceedings, chiefly for compel nnyone whom he approaches

which the wife, the petitioner, October 27, 1936, obtained

נס

A

"On January 19," continued the decree

"It occurred to me. If I may say so Attorney General, "your lordship with respect, that your Lordship may of the adultery of the respondient with directed that the King's Proctor's have thought it possible that

nisi at Ipswich Assizes on the ground

Mra. E. H. Kennedy at the Hotel

dcted.

Paris,

Bray, on July 21-22 and July be 22-23, 1936.

Mr.

one reason

The King's Proctor, who investi- gales these matters and intervenes In accordance with my directions, has has been received a number of letters urging or suggesting that pressure brought to bear upon him, or me, to refrain from having this case in- ad-vestigated, or to refrain from bringing before the Court any evidence which Me.might be forthcoming which

properly the in my opinion,

brought,

a woman described in the polition as notice should be drawn to the Inter-Stephenson, at the time that he made tion and requested that it should his intervention, had information or

avallable

evidence in his possession, TO KING'S PROCTOR but had decided not to proceed for "I would lite, if 1 muy, to read the considerations Irrelevant to the at Ipswich Assizes by order of Mr. letter which the King's Proctor re- ministration of Justlee, Registrar Long on the application of colved from the Senior Registrar, petitioner; supported by an affidavit which is the basis on which I appear of her solicitor that at the time the here this morning:

"The venue of the trial was Axed

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 Sincere Co. Ltd., The China Emporium Ltd,. Whiteaway Laidlaw & Co. Ltd.,, Bombay Silk Store,

Sitland Silk Storo-Kowloon.

"The King's Proctor · saw that Stephenson, who stated grounds of his intervention were

to

was.

be

realities, it is, I I think, not perhaps generally realized that the King's Proctor has, of course, no power of any kind to to answer questions or to give inform- ation.

"He has to rely solely on evidence

пррент ва witnesses.. voluntarily given by those willing to

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

compass, "In making this general observation that the King's Proctor can rely, and in rely only, on evidence of those willing "My Lord, there is no truth elther 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. of

would

"Before I leave that question

be quite wrong and alleged pressure I should like to stale contrary to the principles on which what is, I know, well known to your our law is based to malte any such Lordship, the position of the King's suggestion. In these courts we are Procter in these matters with refer concerned only with facts provable

evidence enee to this particular question of by Intervention.

POSITION OF KING'S PROCTOR

"Section 183 of the Supreme Court Judicature Consolidation Act, 1925, subsection 2, says:

of a

After

the pronouncing

decree nisl, and before the decree is

"The result of the King's Proctor's | Inquiries hitherto, on all aspects of this case, Including points mentioned by the intervener and the discussio.15 which he had with me, is that there

evidence which would

juld justify in directing intervention.

510

10

this

This statement covers the tired made absolute, any person may, in 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 reason of the decree our inquiries hitherto up to having been obtained by collusion, or date." by reason of material facts having

bren

en brought before the the Court, and in any Buch case Court may make the decree absolute otherwise deal with the case

or

as the Court thinks

not

"That section is, of course, at large,

-MR-STEPHENSON'S WITHDRAWAL

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

An elderly man who was sitting at

and answered,

and authorises any person to inter- the solicitors' table of the front t vene in the prescribed manner," Sir the court stood up Donald proceeded.

"It is under that section that the King's Proctor Intervenes in

lord."

"Yes, my

"I would like to just say this, my lord," the

he

the learn- lordship by ed Attorney Ge

General are su

substantially

ordinary case after the decrce nisl. put before served. "The facts as

your

He Intervenes as 'any person.'

"It is therefore perhaps worth sub-correct, and that applies to any steps itting or pointing out that pressure have been said by me since.

taken by me and anything that may

any

of the kind suggested would have

"I adhere to my decision to with- been singularly futile because under

I will consent to the words of

of the section the King's draw, and Proctor has

no exclusive power or order," Mr. Stephenson added."

MR. N. BIRKETT authority to inform the Court.

Mr. Norman Birkett, K.C,, then ad- So much for 'pressure.' "Nor is there any truth in the dressed the Court. suggestion that the King's Proctor hos, upon his own motion or under my direction, trented this case in

uny

that such inquiries ought to be made. "THOROUGH INVESTIGATION"

"The wards I desire to say will be very few," he told the President.

"I shall be understood if I do not

way differently from that in follow the Attorney General in the has statement he other cases made, dealing

comprehensive treats which he

with Une of Inquiry

the many matters following up any suggested to him, or by making in-of public importance which affected

account quiries upon his own

If him, of course, particularly.

"Hearing the details of this applica- circumstances suggest in any way

tion, as I do now for the first time, on behalf of the petitioner I welcome. that full and comprehensive state- "In this case the King's Proctor has ment for this reason it is impossible had a large number of letters from for the petitioner to deal with rum-

ours and gossip. outside, based, for the most part, upon

It is impossible for her the merest gossip and rumour, others; without suggesting in any way that with allegations of pressure, and a the welters had any source of inform-statement of that kind cannot fail

to do harm. ation to suggest that investigation

"On January 19, this year should be made.

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

I have to inform you that, by this case which made it, in my opinion, a proper case for investiga- direction of the President I have re- quested the King's Procter to assist "Among other circumstances there his Lordship by investigating the was the fuct-referred to in a number appearance of Mr. Francis Stephen-

tion,

of communications

that a

case which might feely havej for such intervention."

been expected to come on in London

to deal

we,

son in the above sult, and the grounds

"On January 21 this answer, on be half of the petitioner was returned: In fact came on at Ipswich..

Sir, we beg to acknowledge re- "There wore 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 serve. It we are able to give any Zarlse

arise.

courso

"It is sufficient to say that there assistance to the King's Froctor in of his investigations were

clrcumstances which, in our the view, made it a proper

caso

for in

Investigation and, at same time prlor caled, our services will be at his

This Indicated that so far as the to the reference of Mr. Stephenson's Intervention, the King's Proctor had, inquiry by the King's Proctor into

in the ordinary course of his duties, all the relevant mutters connected been carrying out a thorough inveal gation of the case.

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

(1) Whether the case was an ar- ranged or coilusive one.

(2) Whether the petitioner was an{'

the

Yas concerned the with this case petitioner and those acting for petitioner were anxious to co-operate in that investigation and to facilitato the fullest inquiry into matters.

"In view of the statement of the

(Continued on Page 7.)

....

all

IBIS BRANDY

THE GENUINE COGNAC BRANDY.

The "1815" Cognac distilled by Joseph Gautier & Fils is a Pure Cognac Wine Brandy, distilled in the Cognac District from selected Wines only. Tho: Brand of IBIS" is a guarantee of perfect quality.

3 Stars 5 Stars V. O.

$4.90 por bottle

5.25

身

5.50

V. S..O.

6.25

V. S. O. P...

6.90

**

'Extra Special

Reserve

$11.75 15.00

THE GREYS

SILK CUT

Obtainable at:

Messrs. Sincere & Co. Ltd.

VIRGINIA

+UNDOH

GREYS

Wing On Co., Ltd..

The Sun Co., Ltd.

..

Kwan Tyc Loong.

11

Tai Wo Compradore (Kowloon)

CIGARETTES 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

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, Poking

RUNNYMEDE HOTEL, LIMITED, PENANG.

The most fashionable

and

leading Hotel.

Finest position with magnificent Sea-front.

Private Cars.

Samo managemont

Crag Hotel, Penang Hills 2,400 ft.

}