1938-03-10 — Page 3

MARRIAGE BAN

M. P. Husband Says Opposition Made Her Gravely ill

A SUGGESTION that his wife was made a ward of the court in order to prevent her marriage to him was made to Captain A. S. Cunningham-Reid, M.P., by Sir Patrick Hastings, K.C., in cross-examination in the Chancery Court.

The captain said he agreed that a member of her family was anxious to prevent the marriage.

that

Asked if she was so "blindly infatuated" with him attempts to prevent the marriage made her gravely ill, the hus- band said: "I agree."

f

It was the second day's hearing of the claim by Captain Gun- ningham-Reid against the Hon. Mrs. Cunningham-Reid for declaration that certain deeds involving a settlement upon him were binding upon her and two companies.

Mrs. Cunningham-Reid, Co-, had no financial need for them as heiress with her sister, Lady she still had her very large income. Louis Mountbatten, to the HUSBAND IN THE £6,000,000 estate left by Sir Ernest Cassel, their grandfather, became entitled on her mor- riage to between £70,000 and

£90,000 a year.

She contends that the deeds are revocable.

K.C

WITNESS-BOX

Captain

THE HONGKONG TELEGRAPH. THURSDAY, MARCH 10, 1988.

ON INFATUATED HEIRESS

THE PEOPLE IN THE CASE Captain A. S. Cunningham- Roid is Conservativo M.P. for Marylabano.

His wife was formerly the Hon. Ruth Mary Clarisso Ashley, daughter of the first Baron Mount Temple. Joined | with her as defendants are the Cunningham Securities, Ltd., and Tommil Holdings, Ltd.

Counsel in the case are Sir Stafford Cripps. K.C., Mr. F. R. Evershed, K.C., and Mr. Valentine Holmes for the husband, and Sir Patrick Hastings, K.C., Mr. Cyril Radcliffe, K.C.. and Mr. Charles Russell for the wife and the companies.

out of their joint account after eur rent expenses had been met, that money would be invested in invest- ments or property for him.

"VERY LOVE-SICK GIRL," SAYS K.C.

What was to go into it?-My wife's income and certain amounts from me.

Was anything sold about any limit to your authority to draw on the account? No.

Did you live in considerable style? I mean, was it an expensive menage that you had?-Yes, It was very ex- pensive.

Did you, on occasions, Indulge in any gambling?—I did,

GAMBLING LOSSES Was your wife with you on those occasions?—Yes, to the extent that entered and left the casino together.

We

Did she gamble herself?-Oh, yes, but not at the same table.

Did you suffer large losses?-1 lost a good deal.

Did your wife know that?-Oh, yes, and she was not much more! fortunate.

them by Liningham-Reld said: "purehise of the house

The discussion took place at a villa in Mentone which had been entwife told him, at the

Captain Cunningham-Reid said his time of the Lady Forres.

in Upper Captain thanked her for her consideration-Brook Street, where he was at pre- possibly not in such formal words sent living, that she wanted the Cunningham-Reid then and

dike to think it over, and it was not went into the witness-box. He was said that I should very much use to be his as she had a house examined by Mr. F. R. Evershed, until, ten days later-May 30-that there was any entry in any diary, He said he had been M.P. for Mary-It was then that the subject was lebone for five years. He Was 43 approached again. years of age.

K.C.

IN THE BLUE TRAIN

"It was in the Blue Train coming back from my wife how much I appreciated her having made this suggestion, but that saw no accessity for carrying t

our honeymoon. I told

aut.

"She said that was not the point, and that it was the principle of the thing that mattered.

of her own.

Dealing with a number of financial transactions relating to the joint ac- ham-Reid said: "This was at a time count in 1928, Captain Cunning-

when there was

a great deal of politica! apprehension in this coun try, and I considered it wise and

not to have all my eggs in the prudent, as a husband and father,

me basket, co

this money was

drawn out."

WIFE'S DEPARTURE "UNEXPECTED"

LETTERS

Sir Patrick referred to jelters which passed between the respec- tive solleitors. In one, the question was asked: “Are we correct in on- suming that he claiming that everything purchased on the joint account, which is now standing in his name, is his own property?"

"Listen to this," counsel said, "and answer whether this was meant to be cynical, humorous or contemptu- ous. (Reading). Our client docs not claim any of the cars or dogs that are now at Six Mile Bottom as his property,'” “

Captain Cunningham-Reid did not answer,

Sir Patrick: Do you leave your wife anything else? You took one of the dogs.

My

Captain Cunningham-Reid: own dog.

Bough! out of your own money? I do not know.

"AND HER £70,000"

Is that all you left her after ten years; you do not clalin the cars or the dogs?And hier £70,000.

"That was because you could not that If you could," suggested Sir Pa- trick.

replied Captain "I would not," Cunningham-Reid.

Sir Patrick: I understand that you once held is Majesty's commission and

ore a Member of Parlla- you ment. Do you sl ask his lordship came out of your wife's money, ex« to help you to keep everything that cept the cars at Six Mile Bottom and

lake that. You would have taken

her dogs?

Captain

Cunningham-Reid!

that was the arrangement, I do.

"When your wife married you she was twenty and you had a great den! of experience of the world," coun-

When the marriage look place on Captain and Mex. Cunningham- Held were agal in court, seated at May 12, 1927, his wife was 20 and a opposite ends of the solicitors table. ward in Chancery. He obtained leave of the court for the marriage Sir Stafford Cripps.

con- Mr. Evershed: At the time of the tinuing his opening speech for Cup-marriage, were you in love with your tain Cunningham-Reid, said there wife?-1 wus. was a dispute with respect to the sale

Do you continue to be in love with of farta stocks and as to the account her?Up to to-day into which sums amounting to You mean you still are Ju love

£20,000, alleged to have been re-

Captain Cunningham-Reid said his celved by Captain Cunningham-Rex with her?--I still am

Can you tell us as to her feelings? wife went on to say that hud she

Mr. Evershed: "Take the first sumsel suggested. should have been paid. The moneysShe was in love with me when we had control of her fortune she would: 11,600 January 23, 1929. The "As much as anybody of my age," received were in fact £12,030.

married and, I think, for a consider.

have settled half on him so that they political apprehension that you spoke was the reply. Sir Stafford said Captain Cunning-able period afterwards,

could have gone through life on an

When

you married this lady of of was present to your mind then- hum-Reid received none of the

twenty, within a day or so, accord- On May 20, 1927, on their honey-equal footing.

Was Mr. Evershed:

there are Yes, it was very menacing then. either into the estate meon, there was a discussion between money. It went account or the Joint

And what, in fact, happened? Diding to you she made you a gift of -largely him necount-1

ference to her sister on either occa- financial positions.

slon? Yes, into his private gone into his

account.

the said she appreciated Lady Louis Mountbatten, had made joint account?--Yes, I put it in our her very large income?-Within

week. : She had a father alive?--Yes. Substantially the investments were motive that had prompted him to prevision for her husband. Lord safe. the savings of the joint account.

cash settlement make a

Mountbatten, on their mar- And afterwards, you made up your i She also had a very distinguished Summing-up the position, Sir Staf- when it was not possible for her triage, and that she would be hurt it: mind to put it elsewhere?—Yes. 1 member of my profession. Sir Felix ford said that Mrs. Cunningham-do anything of the kind for him, and 1 did not do as she asked me to do; tonk cash to the Guaranty Trust Cassel, as her trustee?—Yes. Reid originally had the highly-com- added that she would like to make and, in fact, she insisted.

Company of New York at the City

When did you first tell Sir Felix mendable desire to give her husband their Anancial positions less unequal Mr. Evershed: When you got back, branch. invested fast about £84, Cassel that this girl of twenty had some financial independence.

If possible.

to England do you

remember au 000 in American securities.

made

this gift to you?--There was Presumably, she now regretted her All she could suggest, for the time occasion on which a joint account) Caplain Cuningham-Reid said no necessity to tell him. action and was trying to get back all being, was that If, during their.mur- was opened at Lloyds Bank?--Yes, that when his & her departure was had made her n ward of Court, that When did you tell her father, who him. Apparently she ried life, they could save any money | I do.

into the estate account. None of it tim his wife about their relsleeves, she said that her sister, you take £4,000 in cash out of the everything that could be saved out of

had

her gifts to

She

upon

her Louis

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wife left the house on

December 2, 193

1036, sudden and unexpected.

When Sir Patrick Hastings rose to cross-examine. Mr. Justice Crossman asked: "Is this a case where there is no hope of any arrangement being come to?*

she had made this gift to you?—I dild not tell him, because it Was not necessary.

Sir Patrick Hastings: I suggest that no honest man, if your story is true, could have kept it to himself. and not told her father or trustee. What do you say to that?—I say that did not concern either of them.

Sir Patrick: Not at the moment, Sir Stafford Cripps and I have used our best endeavours to see if some-it thing could be done, but there are maiters which I am not at liberty to discuss in this court which make it practically impossible.

"BLINDLY INFATUATED"

You knew she was 'blindly in- fatunted with you and would have done anything to please you?-I knew she loved me.

To your

was

"I AGREE" Answering Sir Patrick, Captain

knowledge she Cunningham-Reid agreed that the seriously and gravely ill because of date of the order which made is the attempts to prevent her marry- wife a ward of the court was "rounding you?-1 agree, about August 14, 1925,"

And within a week she was making

Sir Patrick Hastings: Was she to you this very large gift? That

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What she did was to say: "Here She was. Was the object to prevent a possi-is the money; draw what you want"? ble marriage which, to her father,That is what she did. There is no seemed undesirable? I am afraid i decent ivoman who Ikes a can't speak for her father.

Was it not to protect this lady and

to prevent a marriage to you that

live on her charity.

mau to

Sir Patrick: Do you think there was anything indecent in her marry- this order was obtained to youring you?—No, I married her because knowledge?-Not to my knowledge. of her decency.

May I say some member of her

family was anxious it possible to prevent her marriage to you?I agree with that.

Cupinin Cunningham-Reid said that on May 4, 1027, the approval of the Court to the marclage was obtained.

Sir

"You knew," suggested Patrick, that by that time she was a very love-sick girl."

"We were in love with each other," Captain Cunningham-Reid replied.

Sir Patrick: Do you know that the consent of the Court was given only upon terms that, the wife should be permitted to appoint in your favour, Instead of one-third of her income.

£3,000 and ne more?

"OUR HOME"

When she left you she took pro- ecedings for divorce?-That is so.

Sir Patrick: We will leave that matter. Does it surprise you that she wants her home?

"Our hame," corrected Cunningham-Reid,

Captain

Do you want to keep it if you can

do so?--I want some place possibly for myself and the chlidren.

I suggest that you want to keep the home bought by this young lady's money?-I do not want anything I am not entitled to,

Her money was buying the house. Did you tell her site must remember that not a thing in it was hers, and did she say she didn't want nny- thing?-Certainly. We discussed the

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Captain Cunningham-Reid: It may be so. I do not recollect.

Asked if he would describe his wife as a business woman, Captain Cunninghain-Reid said she had not the

that Sir

I suggest that training

Patrick hnd de-

with

A fined a woman

accustomed to ony

shadow of self-respect-If your story fonn of business, or capable of con- is true-could have taken ducting any

form

of business." stick of furnKure paid for with his Sir Patrick Hastings: How old wife's money and sald. "That were you at the time of the mar-mine"?-That was the arrangement. Flake?! Ten years older than my wife.

Try once more. When were you born?-1896.

Are you quite sure about that? Yes,

Answering further questions, Cap- ain Cunningham-Reid said his wife had her jewels, her income, a com- fortable home, her husband end her children.

"Lots of women would like that and £70,000 a year," he added.

husband!" "It depends upon the way

Sir Patrick replied.

Sir Patrick Hastings leaned over to the sollettors table and handed a document. He nsked: "You are Alee Stratford, son of Ar- thur Morse' Hold?".

"Yes," was the reply

5

"I was talking about financial mat-' ters," said the witness, and Sir Patrick remarked: "But you will remember there are proceedings in another court. It may be as well to keep out of that."

Sir Patrick: Were you not barn on April 20, 1805, at Merton?-Not according to the birth certificate my mother has given to me."

Sir Patrick: As a result of spend- Sir Patrick Hastings: When your ing between £70,000 and £90,000 wile for good

or otherwise had a year for ten years, what has she left you, was this her position-that got now that doesn't belong to you she had no house, no furniture, no except her clothes and dogs? She Investments, only two-thirds of her has the other things I have mention- former Income; and that you had got ed. everything cise in the world that had been bought out of the joint estate except, of course, clothing? That-is-not-true pour

WHALICI'S HEA horgott-She had. the We of A Fourages

Further pressed, Captain Cuaning- ham-Reid said: "She has the ar rangement she desired." **And you want to keep the balance?

I am entitled to do so,

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