WIRTH WILL CASE

Bay of Plenty Times, Volume LXVII, Issue 12484, 19 October 1938, Page 2

WIRTH WILL CASE

DAUGHTERS’ CLAIM Sydney, Oct. 12. “I have been accused of bigamy which caused my second husband and I to separate, and branded my children as illegitimate,” declared Mrs. Phyllis Linquist, weeping, in the witness box in the Equity Court today. _ , She was questioned regarding ner late father’s belief that her first husband was alive at the time of hoi second marriage. The eldest daughter of the late Philip Jacob Peter Wirth, circus proprietor, Mrs. Linquist, is seeking additional maintenance from her father’s £115,000 estate. Under bis will she was left £1 a week. Mrs. Linquist spoke witli emotion when questioned on her statement that her mother bad been deserted. “Do you mean that he left your mother destitute?” asked Mr E. W. Street, counsel for the executors of Philip Wirth’s will. Mrs. Linquist said her mother was deserted in 1905 in New Zealand. Her father allowed Mrs. Wirth £1 a week, which was increased after her mother had come to Sydney and seen a solicitor. First Marriage. Mr. Street: What I am suggesting is that when your mother and father parted your father made proper provision for her and you. Is it not a fact that a separation deed Avas entered into? —I don’t know. Mrs. Linquist was questioned regarding her first marriage tvith Robert Blaekmore concerning which she had filed a supplementary affldiA r at stating that she had not seen Blackmore since 1913. He went to the Avar in 1914 and she had been informed that he Avas killed in 1917. Mr. Street; When were you informed that your husband Avas killed in 1917 1 was told in 1919 by Mr. Prendergast, a solicitor. Mr. Street had previously asked the judge to tell the Avitness that she need not answer any question that might incriminate her. Mr Justice Long Innes; I don’t knoAv Avhat is in Mr. Street’s mind, but he may be going to ask if you. married Mr. Linquist before you kneAV Mr. Blaekmore was dead, and if he was not dead you might be liable to prosecution for bigamy. Mrs. Linquist: In 1917 when I came back from America my husband’s sisters said, they knew he had been killed, and the Rev. Evans told me. Trip To America. Mr Street; Do you suggest that your father treated your mother badly?—l was only a child at the time. From the time your mother and father parted were you on very good terms with your father? —We were always on good terms. In 1913, she said, she left her husband, Mr, Blaekmore, and went to America, said Mrs. Linquist. Did you go Avith anybody? — In what Avay do you mean? Did you travel alone? —Yes. Persecution Charge. Do you remember commencing divorce procediugs in 1925? —Yes. You alleged that your husband had deserted you?—Constructive desertion, they call it. Did not \our father always say that Mr. Blaekmore Avas alive? — They would not produce him, though they said they knew Avhere he was. I have been persecuted for nine years. You summoned your father about this? —My' husband did. And you summoned Mrs. Wirth? Mr. Noel Mclntosh (counsel for Mrs. Linquist): Not Mrs. Wirth, Miss Willis.

Tbs Judge: Sometimes the only Avay an honest person has of protecting his good name .is to bring legal proceedings. Mrs. Linquist said that in 1932 her father had denied having bad any knowledge of Blaekmore s Avbcrca.bculs since 1913. Mr. Blaekmore, Mrs. Linquist explained, enlisted as a priA'ate, and not as a chaplain, though be was a Methodist clergyman. She told the Court she abandoned the divorce proceedings because her mother refused to pay the legal costs, after which a chamber magistrate advised her there was no need for a divorce as she believed her husband to *be dead. Scene at Circus. Mr Street: Do you remember in 1927 writing to your father and uncle, and threatening to make a scene on the occasion of a charity matinee at the circus? Mrs. Linquist; I know I did make one scene, Avhen my father had starved us for four months. I Avant doAvn to appeal to my father, and they sent men out Avith elephant hooks. A number of men surrounded me and threatened that if I said anything to Sir Dudley de Chair they would finish oe off. The Judge: Did they touch you with the hooks? —No. I had a policeman there. Mr. Street: Do you remember writing “I Avill make an appeal to-mor-roAv outside the circus, and Avith me there Avill be a reporter and several Labour members”? —I must have been provoked. “I went to the police station hi Darlinghurst to giA r e myself up for committing bigamy, but they Avould not arrest me,” said Mrs. Linquist Aveeping, Avhen further questioned regarding her father’s belief that her first husband Avas still alive. Mrs. Linquist said she had refinancial help from her son, Charles Blaekmore. Mr. Street: When you left for Ani_ erica in 1913 there was on the same boat a cowboy Avho had been in the circus, named La Due? —Yes. Do you remember this photograph of you (producing a neAvspaper clipping) headed: “Mrs. Phyllis La Due, daughter of Australian circus magnate, Avhose coAvboy husband used Avild-Avest methods on detectives seeking to break up their romance?” Mrs. Linquist said she recalled the

picture, but had no idea who gave the information to the American newspaper. She was advised by her cousin that it would be useless to contradict it. It was a publicity stunt, and was untrue. Did you pose for the picture? No; it was a snap on the boat. The hearing was adjourned.