A GOLF DISPUTE COURTESIES ON THE COURSE

Evening Post, Volume LXXXV, Issue 48, 26 February 1913, Page 3

A GOLF DISPUTE COURTESIES ON THE COURSE

LADY'S LIBEL ACTION. (From Our Own Correspondent.) LONDON, 17th January. A Christmas Day dispute on Chertsey golf links had its sequel before Mr. Justice Coleridge, when Mrs. Evelyn Margaret Gavin, of Henley, an international golfer, was the plaintiff in two actions. One was against Commander Charles Buckland, R.N., for alleged libel, and the other against certain membersof the Chertsey Golf Club for breach of contract, in that she was for a time excluded from the rlub. Mr. J. A. Hawke (for the plaintiff) eaid i on Christmas Eve, 1911. Mrs. Gavin, with her husband and her father, telephoned to the Chertsey Club to retain the services of the professional, W. H. Home, to play with them the next morning. When they arrived on Christmas morning they found thatHome was engaged with another player, so Mr. Gavin arranged for him to play a "foursome" with them in the afternoon. But in the afternoon, Mr. Stanley Clifford, With whom Home had played in tho • morning, claimed to retain his services. There was an angry conversation between Mr. Gavin and Mr. Clifford, and eventually Home thought it wise to ( play with Mr. Clifford, who held various positions in the club. Mrs. Gavin, with her husband and her father, then started to play. After they had driven off the tee Mr. Clifford's party followed. When Home drove cjf Mr. Gavin went back, picked up Wis ball, and put it in his pocket. At the second tee, when Home again drove off, Mr. Gavin again picked up the ball, saying, "I have made my protest. You can do what you like." SUSPENDED BY COMMITTEE. At the time of this dispute, Mrs. Gavin was gome distance away, and all that she did was to call out to her husband, "Billy, come on." The committee met on 26th December and Mr. Clifford and Commander Buckland were among those to decide the dispute. The next day, when Mr. Gavin's party went to the linksto play,, a groundsman handed Mr, Gavin a letter, and said he had been instructed to prevent them playing. The letter was signed by Commander Buckland, and said : "A complaint' having been made, in accordance with rule 13, you and Mrs. Gavin are suspended from the use of the club and links, pending investigation." This, said counsel, meant that Mrs. Gavin had been guilty of unbecoming conduct, such as to merit suspension from tho club, and that she was not a fit and proper person to be allowed to enjoy its privileges. Later her suspension was withdrawn, but no expression of regret was offered to her by the committee. Mrs. Gavin bore, out,, .hep- .counsel's opening, and was then asked by Mr. M'Cardie (for the defence) : "Do you think your husband was justified in picking up the professional's ball?" Witness hesitated, ,and then said she had mot had time to consider the question. She did not think she would have done the same thing herself. PROFESSIONAL'S EVIDENCE Home, the professional, said before the dispute arose, Mr. Clifford said to him : "I hear that Mr. and Mrs. Gavin are likely to come over and play golf. If they do I engage you for the whole j week." It was not usual to engage a I professional for the whole week. About 10 o'clock at night, on Christmas Eve, Mr. Clifford wrote his name on the slate to engage him for the following morning. Later he was engaged by telephone to play with Mrs. Gavin for the next day, or part of it, and the following morning he told her that ho could play J with her in the afternoon. THE DEFENCE. For the defence, Mr. M'Cardie called Mr. Stanley Clifford, who denied telling Home that if the Gavins came to the links he (witness) would engage Home for the whole week. Cross-examined : Why should Home say that you engaged him for the week if the Gavins put in an appearance? — He had a reason for it. Do yoy suggest that Home was bribed?— Yes, I do. Mr. J. J. J. Roberston, a member of the committee of the Chertsey Golf Club, spoke of the Emergency Committee meeting held on 26th December to consider Mr. Clifford's complaint about Mr. and Mrs. Gavin. "We did not sit in judgment at all," he said, "it was merely a matter of complaint." Some amusement was caused by his Lordship and counsel indulging in golfing terms in the conduct of the case. A witness, Goodman, was pressed to remember what Mr. Clifford said on 26th December. t Witness hesitated some considerable time, which caused the Judge to say, "Now, then, drive off from the tee." Mr. Hawke. (for plaintiff) : And don't stop the drive, please. Mr. M'Cardie (for the defence) : Perhaps he had better use the maahie. Mr. Hawke : I think the niblick would be better for this gentleman's position. (Laughter.) In summing up, the Judge i said he should rule that the five members of the committee who acted in the matter could not. under the rules, acfc on behalf of the club in suspending -a. person. The result was that the club was not affected in that case, i With reference to the'alleged libel, the only test was "Did Commander Buckland misuse the occasion?" The jury returned a, verdict for the plaintiff in the action for breach of contract, and gave £5 damages. In tho second case, that of libel, tney found that the words were defamatory, not true, and were given without care. The defendant was not actuated by malice. i