ENTICEMENT ALLEGED

New Zealand Herald, Volume LXX, Issue 21462, 8 April 1933, Page 2 (Supplement)

ENTICEMENT ALLEGED

WIFE AND A FRIEND LETTERS READ IN COURT ACTION BY HUSBAND PARTIES REACH SETTLEMENT ' After a peace effort by Mr! Justice Ide Card ic had failed and after remarkable evidence had been given, a wife "enticement" action was settled in dramatic fashion at -Hertford Assizes recently. The principals were George Edward Tate, aged 60, proprietor of an electrical engineering business, St. Albans, who alleged that William George Marshall, aged 55, the Town Clerk, of St. Albans, enticed away his .wife, Mrs. Daisy Tate, who is 48. Tate claimed damages from Marshall in respect of the alleged enticement, and also for alleged libel. There were three .•women on the jury. Mr. G. 0. Slado explained the grounds of Tate's claim. He said Marshall denied the alleged enticement. As to the alleged libel, Marshall denied that the words complained of were defamatory or said alternatively, that if they, were defamatory they were published oji an occasion of qualified privilege. The jury left the Court while Mr. J. I). Cassels, E.G., M.P., for Marshall, argued an objection which he raised to certain evidence. Alleged LoveTinaking. .Mr. G. M. Hilbery, JC.C.j leading counsel for Tate, said the point that arose could be put in one sentence from a judgment by Lord Justice Scruttoa, who said, " It seems to be clear that, at the present day the husband has a right-to the consortium of his wife." In the present case it was said that the matrimonial life was destroyed with—outfrftho wife leaving the house but by her going to another room in the house and refusing to live with her. husband. - Mr. Justice McCardio: I foresaw that those points would arise in the future ■when'! gave a judgment in the case of Place v. Searle (the " Helen of Troy" case). He must admit the evidence of the husband. Opening the case, Mr. Hilbery said: " Plaintiff complains that the case arises through the acts of the defendant making love to his wife and paying incessant attention in spite of the protests of the plaintiff." The parties had been married for 17 years. The alleged libel was contained in two letters. Tate was 41 and a widower and Mrs. Tate 27 and a widow when they Jnarried in 1913. He had , had two children by his former marriage and there had been three children by the present marriage. " Mr. Tate's means derived from his business were about £SOO and £6OO a year," said Mr. Hilbery. "He was living happily with his wife and children until the matters came about which lam about to tell you." Whec the parties met in 1926, Marshall's wife Mas living and she and Mrs. Tate became on friendly terms. Mrs. Mar-, nhall died in 1929", and afterwards Marshall and his ; "daughters exchanged visits with Tate. During the first half of 1930 Marshall becamie a frequent .'visitor atr Tate*s;

Scene at House

~ " By, June, ' 1931, however, Tate noticed that his wife was addressed by Marshall as Daisy, and that she was calling him Billy. He noticed also that she was very frequently paying visits h tq his .house and he was visiting them very frequently. Marshall bought a jiew car and began taking Mrs. Tate for rides. When Tate remonstrated she insisted on what she deemed to be her right.", > . On June -21, when friends were at Mrs. Tate's house, Marshall called in liis car to invito Mrs. Tate to go out for a ride. Mr. Tate objected, and there was a scene.- The next day Marshall called. He was very angry. He -■ said Tate did not understand how to handle a woman. He said he had three suggestions to make to Tate. " Tho first suggestion," said counsel, * u was that Mrs. Tate should be given :*'• her freedom. This man Tate has been perfectly happy with his wife until Marshall came to interfere. That suggestion was received by Mr. Tate with ' resentment. The second suggestion was that if Tato would not give' his wife r her freedom there should be a temporarv separation and that Mrs. r J ate should go and stay at his (Marshall's) house for r.ix months with him and his daughters, and he would undertake to respect her. The third suggestion was that Mr. and Mrs. Tato should each go their own way without recrimination.

" Quantities of Flowers " " Tate asked Marshall, in no unmistakable language, what he meant and Marshall said Mrs. Tate was not happy and that Tate was trying to mould ' 45 into 60. Tate told him to get out and to leave his wife alone." The couple continued to meet, despite Mr. Tate's protest. There was a complete break between Mr. and Mrs. Tate last April, and- she moved to another room in the house. Tate learned later that Marshall had been to his house. jind lie consulted liis solicitors to seo what could be done at that stage. In 'April, 1932, there came a complete break between Mr. and Mrs. Tato and there is no other reason in the world for that break except the attentions paid to her by Marshall. " This wo now know because of the " letters and the love-making that was '• £oiug on," continued counsel. " Quantities of flowers came almost daily for •• her from Marshall and Mr. and Mrs. »• 'Tate almost daily had words about it." y'. Marshall continued regularly to send bouquets and letters by hand and took her out in his car. One of several letters sajd to have been written by Marshall to Mrs. Tate began " M.D.C." »" "I am going to suggest," said Mr. Hilbery, " that that means ' My dear cherub? ' " Marshall wrote: I am wondering if you would liko me ■fo conio down to your house this evening or whether you would rather I did not. J do not want to make things more difficult, btit only to help. I shall seek another interview with Georso at an early date, but would prefer to havo a quiet and sensible talk with you beforehand.—Youth ever, B. Further Letters Quoted Mr. Hilbery said the next lot of letters were written in 1932. One on September 3 again began with the initials " .M.D.C." The letter clearly showed that in spite of the protests, in spite of what had been done and said by Tate to try to prevent the defendant from courting his wife, Marshall was still courting her, seeking her company and her companionship and talcing her away from her home. " When Mrs. Tate went to Kastbounie," counsel continued, *' and Marshall was not allowed to motor her all the way, he did, however, take her 1:6 the station. " One wonders if even the youngest of lovers could have been more devoted in his /marks of attention than defendant was after that incident. On that very day, having just seen lier to the station, having just left her, he wrote: ,? wn ® a Tl'n£; Little Woman,—l am scribbling this little note before I co. . . . As I ftnbw it will bo 100 late, sweetheart. 2T hen . for a letter to reach you in the morning." From the affidavits in the case, said Mr. Hilbery, it did not appear that Marshall had kept the letters which Mrs. Tato had written to him, but obr'. v yiously he received replies. On September 12 ho wrote: ' My Own Dear One,—l was so pleased to i yol V , ? etter this morning. I Rot home ,-*t lun,ch-time and I saw your dear hand-

writing. Your letter with ita accustomed sweetness made me feel you were too miserable and that after all. darling, you had just made up your mind to get some. Rood out of the change. Do. my sweet one. net .what happiness , you can. Just aaueezo it out of the sea breezes and come back auite refreshed. " On the day following," said counsel, "he wrote to Tate's solicitors a letter which- we submit that, among other things, was a 'clear imputation that Tate had been guilty of such cruel ty to his wife aa to make her prefer living apart from him. Ho wrote to the solicitors: „ < { . ' • .... , The differences are in no way due to any action on my part. Mrs. Tate would tell you that the unhappiness in her married life is of some years' duration before I became acquainted with the family, and that but for the c'hildren she would have felt comDelled to leave her husband some years ago."' •' We contend," said Mr. Hilbcry, " that that statement is a clear defamatory statement against Mr. Tate. Having written to the solicitors with this degree of unction, he sent a lotter the following day to Mrs. Tate. ' It read: My Own Darling Littlo Woman,—l was so glad to get your sweet letter this morning and by the first Jyiat. too, so I was able to pop down just after seven o'clock and gel it and read it in bed." Mr. Hilbery added: " Could any man offer to any woman stronger evidence—shall I say enthusiasm ? Ho added in that letter: ' I do liope, sweetheart, you will stay over the week-end and make it a fortnight, not because, us you know. I am longing to see you and have your sweet, loving companionship again, but b?cause I know that a weekis not long enough to do you good. . . . Well, lovy, I hope you have succeeded in finding that frock to suit your dear fastidiouis taste and do not forget to let me know if there is anything else you need." " What does that mean? " asked Mr. Hilbery. " Was ho offering with his superior means to make a present of a new frock? " The letter concluded: Remember the one at home who just loves you all, and all and all.

He wrote' again: Dearest Heart,—Your letter this mornins was very sweet indeed, and you know how much they mean to me. You express surprise at'my love. Well, darling, it is always difficult to understand, but you always were a woman of great charm lome lont: before the idea, of love entered my head. . . . You are such a temperamental little darlinc. overflowing with affection for the ono vou reullj love. One letter to Mr. Tate's solicitors stated: I understand that your client is now making o definite accusation against hiß wife of irr morality with myself, I now place on record an unqualified denial that there has ever been an act of immorality between us. " I f this protestation is truo," said counsel, " and we do not suggest that ifc is not, ,then there is no remedy for Mr, Tate in the divorce court. Marshall has indbody at all to blame if ho now has to pay the price of having destroyed that matrimonial home." During the tea adjournment fresh consultations were opened. Later, when Mr. Justice MpCardie had taken his seat, Mr. Hilbery announced that the

caso record would be withdrawn upon terms endorsed upon the briefs. He reiterated that it never did involve any allegation of immorality on the pare of Marshall.

Mr. ,J. D. Camels, on behalf of Marshall, said it would not be right that it should he regarded that Marshall accepted everything which had been said as being absolutely correct. There would have been a considerable conflict of evidence. Mr. Justice McCardio said ho was glad the parties had come to a settlement. He could see at once that there would have been important questions of fact and also important questions of law. He was sure that counsel had acted in the best interests of their clients and the public. He hoped that happiness would result to the parties in consequence of the arrangement which had been made and ho was glad that counsel on both sides had made it clear that there was no suggestion of immorality between defendant and the plaintiff's wife.

Mrs. Tate was in a distressed state as tihe left the court with women friends. Mr. Tate left the court surrounded by ( friends, who warmly shook his .band.