A REMARKABLE MARRIAGE STORY.

New Zealand Mail, Issue 1726, 29 March 1905, Page 14

A REMARKABLE MARRIAGE STORY.

The CiA’il Court in Paris has lately been occupied Avith the hearing of the extraordinary disputed marriage case, in Avhich Mr Frank Gardner, a, Western Australian mining speculator, is the defendant. The action is brought, by Mrs Carrie Swain, who claims that the validity of her marriage Avith Mr Gardner shall be recognised, an.d, should the court reject this demand, damages to the amount of a million francs. Maitre Fernand Labori, Avho appeared for Mrs Swain, said that Mr Gardner, when he Avas a theatrical manager, married his client, Avho Avas then a singer known as Mm Carrie Wisler. She had been divorced from her former husband, Avhose name Avas Swain. The record of the marriage between Mr Gardner and Swain had disappeared. Continuing, Maitre Labori said that the pair Avent on a theatrical tour in Australia, Avhere Mrs Gardner earned considerable sums. They invested in gold mines, and as the result of these speculations, realised a. large fortune. In 1901 Mr Gardner fell in love Avith a friend of his. He then left his Avife, alleging as a pretext for his conduct that her marriage Avith him Avas null and A-oid. he having been married previously. He omitted to add that lie has been divorced from his former Avife, whose name was Anna Graham. Instead, he sent a copy of the divorce decree which had terminated his union Avith Madame Graham to Mrs Swain, informing her that it Avas reaily a decree dissolving her oavh marriage with him. 'Mr Gardiner subsequently married Madame Le Glav in London. On learning this Mrs SAvain sued Mr Gardner in the Philadelphia court, Avhich had granted the dh’orce between him and Madame Graham. She sought lca\-e to plead the nullity of this divorce, but the American court rejected her claim. Mrs Swain then brought the present action before the Paris court, affirming the A’alidity of her marriage Avith Mr Gardner. Should she lose her case she will demand half t-lie fortune of Mr Gardner, in addition to a million francs as damages. Mrs Carrie SAva-in is an actress who appeared in Melbourne years ago in melodrama.

Mr Frahk Gardiner, in the course of an intervieAAj said:—“lt is absolutely untrue that I ever Avent through a form of marriage Avith Mrs Carrie SAvain. She is the divorced Avife of Mr Samuel SAvain. A similar charge to that uoav brought against me m the French court Avas made in Philadelphia- over a year ago, and dismissed for lack of CA’idence. In London another attempt to recover damages from me AA’as made by Mrs Swain about ten months ago. and resulted in a verdict for me. with costs —which I AA’as unable, to collect.” Mr Gardner added that he Ava,s married to Mdme Brouillet le Glay. Avith Avhom he is noA\ T living, in London, on 3rd February, 1902, and that the banns Avere published both in Paris and in London. He describes the present action as an attempt to blackmail, and asserts that his solicitors in London have ad\’ised him that he has a case for perjury against Mrs SAvain in England if he cares to take action, Avliile his American lawyers have written him to the same effect. As soon as the present case is settled, Mr Gardner added, he intends to bring an action against the plaintiff to prohibit her from using his name, and in the OA r ent of her continuing to do so he Avill claim £4O per day as compensation. When counsel for the defendant is heard, Mr Gardner will state that three Avell-known men, whose names ha mentioned, came to him and asked for various sums of money in order to keep the present case out of court-. He refused to give them a penny, however he says, as he wished the French tribunals to make a definite pronouncement on the subject, and says that he does not fear the result. "The first- man who came asked me for £20,000. 55 lie said, "but the last one would have been content AA'ith £5000.”