AMERICAN'S INFATUATION.

New Zealand Herald, Volume LI, Issue 15551, 7 March 1914, Page 2 (Supplement)

AMERICAN'S INFATUATION.

MONEY SPENT ON BARONESS.

SUIT FOR RECOVERY.

The purchase by a baroness from a Parisian jeweller of a pearl necklace for £6000 led to a remarkable action that recently came before Mr. Justice Darling and a special jury. The plaintiff was Dr. Ernest Villiers Appleby, an oculist. He sued the Baroness May de Pallandt for £4000, leI resenting bills that he had given to enable her to buy the necklace. Mr. Marshall Hall, counsel for Dr. Appleby, (old the story of the relations of his client with the baroness. Dr. Appleby, lie said, obtained his medical decree at the University of Minnesota. The baroness was a French-Canadian, 'lliev met 111 1903. The baroness was a ladv who possessed considerable wealthHie had made a statement on oath that her jewellery is worth over £20.000.

Dr. Appleby became infatuated with her, and asked her to marry him. This she refused to do. but consented to live with him. They were intensely attached to one another. The association between them, went on counsel, continued uninterrupted until 1910 except fur a short period in 1909, when the baroness went to America.

In 1906 Dr. Appleby again asked the baroness to marry him. She told him that she had another suitor, and asked him to give a deed covenanting to pay her the £750. Mr. Marshall Hall then told how in 1903 Dr. Appleby received from America £21.000- In 1910 they went to Monte Carlo, and here the baroness, who v.as very fond of jewellery, saw a pearl necklace belonging to M. Hartog, the Parisian jeweller. She wanted to buy it, and the price at first put upon it its £6600

The baroness uffared to give M. Hartog £5000 and another necklace, but this offer was refused. Forgotten Cheque-book. Desrribin; a visit to Paris, counsel said that Dr. Appleby bought the baroness a very valuable watch and chain, and paid her dressmakers' bills. He had given her £13,000 since 1908. In June, 1910, the baroness went to Paris alone. She sent a note to Dr. Appleby saying that she had forgotten her cheque-book, and asking him to send her some blank cheques signed with his name. He did not do this, but sent her a cheque for £40. In July, 1910, Dr. Appleby joined the baroness in Paris. She asked him to buy her the pearl necklace, but he told her that he was not in a position to do so. She then said that she would buy the pearls herself. She told M. Hartog. who had reduced the price to £6000, that her husband would give him a cheque for £2000, and bills for £4000. M. Hartog then came to the hotel and asked for the £2000 from Dr. Appleby. The baroness took Dr. Appleby into a side room and explained the position. She asked Dr. Appleby not to let M. Hartog know that they were not married. An Understanding. Dr. Appleby then signed the bills and gave the cheque on the understanding that the l.ironess would give him the money for the cheque and the money for the bills when they became due. If she could not find the money then she would give M. Hartog his pearls back.

Subsequently the baroness returned to I/sndon, where Dr. Appleby joined her in October, 1910.

At this time lie taxed her with having been on too familiar terms with her chauffeur when she went to America. She was furious at the accusation. He told her that he had found out where the man had been by the labels on his trunk. When the first bill matured the baroness told Dr. Appleby that she wag going to keep the pearls, as she had never had any money from him. Writs, counsel's account went on, were issued against Dr. Appleby for the stuns flue on bills. Dr. Appleby could not pay, and there were judgments against him. He then began his action against the baroness.

Counsel mentioned that in addition to the counter-claim with regard to the allowance deed, the baroness counterclaimed for the £2DCO which she had paid back to Dr. Appleby when he gave M. Hartog the £2000 for the necklace. The counter-claim amounted to over £6009 in all, said counsel. How TJtoy Met. Dr. Appleby then gave evidence. He is a well-groomed, middle-aged man, with a slight American • accent. He was Born in England, he said, but had spent a great deal of time in America. He first met the baroness in the train between Chicago and New York. She dropped her bag, and he could not help picking it up for her. Cross-examined by Mr. McCall. K.C., Dr. Appleby said that lie was not bringing this action at the request of M. Hartog. It would not be correct to say that he had ever been living on the baroness. He had let her have her way in a certain matter because if he had not she would probably have " gone off with the other chap." The witness was asked whom he meant by the oth»r chap. Dr. Appleby : There was a gentleman in China, and a gentleman in New York. The Judge : Any others? Yes, I found out since. One is on the Riviera now. Not Gambling. Mr. McCall asked Dr. Appleby if he had gambled extensively at Monte Carlo. " 1 exchanged money at the tables." wag the reply ; "I don't call it gambling." The Judge : Did vou invest large sums of money? (Laughter)— Yes. In reply to counsel Dr. Appleby said that the baroness did not object to his laving. She was delighted when he won. Counsel : Did you in 1910 win between £8000 and £10.000? I exchanged investments at Monte Carlo, and have made money every year but one in that exchange for money invested. Owing to the sudden illness of the baroness, the further hearing was adjourned on application of counsel when the case was called on again the next day.