1939-08-19 — Page 19

Gretna Green Dispute

Petition for Interdict Refused by Lord Russell

Saturday,

HONGKONG, TEL EGRAPH) a ¡CAugust" 19, 1939.

| Members of the Japanese Golf Club photographed in the Club grounds nt

Shatin recently.-Mer Cheung,

lutter half of the eighteenth century, down to posterity, and it was not and in the first half of the nineteenth proved that any one of those was a century, were carried out in their bincksmith. smithy at Headless Cross, and that those marriages were performed by Ia blacksmith over the anvil in the smithy. It was unginabted that the

MANY IRREGULAR MARRIAGES

SINCE 1907

was undoubted

Mr. Macintosh erected a number of It proved to be the fore-runner of advertisement signs on or near the many.

rands in the vicinity. In his Lord- It was now notorious that since ship's opinion a person of ordinary 1007 many such irregular marriagen abilly reading the notices would had,

in increasing numbors during naturally understand that the black- later years, been celebrated within smith's shop indicated was Gretna that smalthy, and it was the fact that Hall. latterly the

person performing the Il appeared that in 1938 no fewer ceremony-referred to in one of the than 23 signs and notices were ex- petitioners' large signs as "the black-hibited. Of those the petitioners were smith priest" was a man who was

not a blacksmith, but who had been responsible for nine, and the respon-

dents were responsible for 14. a saldier to trade and who had thereafter been engaged in managing, "THE BLACKSMITH MÝTH" a tearoom.

Is Lordship held that the, pell- 91,000 VISITORS IN A YEAR Boners' smithy was an old one dating By reason of the publicity given to back over 150 years, that it was not the petitioners' premises a certain proved over to have been itself the reputation had during the past 30 place of performance of any irregu years been built up, and visitors and far, marriage conducted by a black- tourists in increasing numbers had smith over the anvil prior to 1907, visited the promines and paid an und

und that any repute which it had entrance charge of Cd for admission. gained since 1907 founded on a bellet

res showing Hig Lordship quoted figures

to the contrary induced by the trade the extent of the trade enjoyed by Mr. Mackle was based on a myth by puffs and advertisements of the late

Apr 5, 1936, there

were 73,000 which

Lordship colloquially people who paid for admission; 03,000 inbelled "The Blacksmith Myth." paid during the year ended April 5,

It was

desirable, continued his 1937, 92,000 during the year ended

Lordship, to state that he acquitted April 5, 1933; and 91,000 during the the late Mr. Mackie and the peti- year ended April 5, last.

tioners of any

intended fraud or dis-

the petitioners. For the year ended

л

been

It was in virtue of that reputation honesty in regard to that topic. It Bud

and the trading goodwill established was only in the light of voluminous that the petitioners maintained that rencores of which the results had been they were entitled to inferalet respon-made available in the case-compris dents from advertising that they had int materials which were not and

have n blacksmith shop associated with the could

not reasonably Old

Marriage House known as Gretna known to the late Mr. Mackle or to Hall.

the petitioners until the proof was Mr. Macintosh, who was the leading conchided that his Lordship was in respondent, and who was responsible a posl

position to affirm now, on what he for the actings which led to the com-rejurded as the prepondering weight plalats, took up residence in Gretnao the evidence produced, that the Green in 1918. At that date he was legend or belief as to irregular run- engaged in carrying on a business as away marriages being performed in a timber contractor. In 1020 he gave bygone days by a blacksmith as the It was clear that when after 1701 up that business and started a new so-called priest, or in a smithy, was blacksmith's shop at Headless Cross the village of Springfield came into business as a gurage proprietor. For unfounded in fact and might be was part of an old building originally existence, lying between the northern sothe years prior to 1936 Mr. Mnein- properly characterised and based on constructed of cobble and clay, and boundary of England and Headless tosh carried on a boarding-house, and a myth. his Lordship was of opinion that the Cross, the bull of the runway mar-it appeared that he himself officiated

NO ACTUAL DECEPTION The petition presented by the partners of the blacksmith's smithy was proved to be certainly ringei were

during

the ensuing 30 at one or two irregular marriages shop at Gretna Museum seeking to interdict David Ramsay Ma-upwards of 150 years old.

His Lordsitip was of opinion that sears or thereby performed in Spring-which were celebrated at his board- cintosh and Mrs. Mary C. Richardson or Macintosh, of Gretna

the term blacksmith shop as used by As disclosed in the antiquarian and field in one or other of two or three in-house. Hall, Gretna Green, from using the words "blacksmith shop" as historical writings there was a popu- the village. There

inne

petitioners was a purely descriptive lippling houses situated in

THE BRIDAL CHAMBER

one, and that the petitioners were not a description of their premises was refused by Lord Russell in tradition in various parts of evidence that between 1825 and 1856 in 1935, and on entering into occupa-term and were not entitled to prevent He acquired a lease of Gretna Hall entitled to the exclusive use of that the Court of Session recently.

country that

the so-called "priest" many of the couples whu crussed the tion he made arrangements for run- the respondents or any other persons who offeinted at irregular

Get Border from England to contract inning it as an hotel and for exhibiting from using that term. His Lordship said he was off dren, who continued the partnership morringes was a blacksmith. Upon a irregular marriage were married, in to visitors the co-called bridal cham- opinion that the term blacksmith under the same name, and who con-careful consideration of the evidence Gretna.

Referring to the action of Mr. ber, the so-called marriage room, and shop as used by the petitioners tinued to carry on the business which und of the writings his Lordship was

Satisfled that the great was a purely descriptive one,

weight of

It might be assumed that after the various relics, including what was Macintosh in building into his sou- Since 1907 the inte Mr. Mackie, by the -called "piest" who performed] 1856 "runaway marriage by couple kept between 1825 and 1850 by the substantially similar to a window in authority negatived the tradition Unt passing of Lord Brougham's Act in proved to be an authentic register venir room a peculiar type of window and that the petitioners were means of numerous and widely circu- those irregular not entitled to the exclusive use fated advertisements, held out to the Scottish

the from England were rendered impossi-] then occupier. Mr. Macintosh madeleid he exonemises, lils Lordship

petitioners'

Mr. Macintosh Border in the of that term, and were not en-public that the blacksmith's shup in nineteenth centuries was a black-gages became very rare.

eighteenth ble, and the Gretna irregular mar-11 charge of sixpence for each visitor from

from any attempt to misicad the titled to prevent the respon- which his museum was installed was smith. Whatever might be the true that the perind during which runaway

It appeared to the bridal chamber, &c.

By the end of 1935 some 3.000 Prehose of the petitioners,

publle into the belief

premises dents or any other persons from marriage house and was the explanation of the origin of the tradi-narriages were celebrated at Gretna people paid for admission. During using that term.

scene of the celebration of runaway tion which appeared to have been in and elsewhere on the Scottish Border 1938 there were

His Lordship was of the opinion 4.000 visitors, and that marriages from England in former existence in the early days there was was from about 1753 to 1856.

the petlotioners and failed to Lord Russell saki

during 1037 5,000 paid for admission. the late Mir sars, the ceremony being performed little doubt that that tradition did: Hugh Markle (father of the peti- therein by a blacksmith "priest."

In 1937 he purchased Gretna Hall, prove any Instances of actual decep- vas misled It was clear that within the life and resolved to transfer his relies to ton whereby any person tioners) commenced business in 1907.

not in fact result from any practice time of any living person it was only an apartment forming part of the ments into believing that Mr. Macin-

Day

by reading the respondents advertise- and in 1831 he entered lato partner-

150-YEARS-OLD SMITHY

by which such runaway marriages

since 1907 or thereabouts that irregu-outbuildings, and fitted up a room as tosh's premises were the petitioners' ship with his wife and family for the

The petitioners maintained that where by a blacksmith.

were performed at Gretna or else-lar marriages had been celebrated a blacksmith's business which there existed, and had existed, for carrying on of the

shop. The new was registered under the descriptive many years a well-founded tradi-

The names of eight or nine men His Lordship had come to the con-Easter 1938, and between Easter and notices objected to were calculated within the smithy of Headless Cross. premises were opened to the public by premises. His Lordship was quite name "The Blacksmith Shop and tonal belief to the effect that run- who at different periods during the clusion that an irregular marriage October of that year no fewer than to deceive members of the public. Gretna Museum." In 1934. on Mr. away marriages contracted by Eng- inte eighteenth and early nineteenth celebrated in 1097 was the first proved 20,000 people paid for admission to The use made by the respondents of Mackie's death, his trustees leased lish couples who crossed the Border centuries performed many such cere-instance of such a marriage being Mt. Macintosh's new blacksmith's the premises to the widow and chill from England for the purpose in the monies in and near Gretha had come celebrated in the petitioners' smithy.shop.

PLEASE Turn To Page 5.

Mr. Mackie had set guing

an

marringes ou the m

the

that

unable to affirm that the respondents'

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