PERCY TO "SWLLT DEAR BETTY"

NZ Truth, Issue 1063, 8 April 1926, Page 7

PERCY TO "SWLLT DEAR BETTY"

Sims Declares He Never Married Her

SNAPSHOTS THAT TICKLED THE MAJOR

..-..'.- (From "Truth's" Special Wellington Representative.) i Mrs. Betty Sims insists that she was twice married to Major Randolph Percy Sims — m California anil m Mexico. The major, on the other hand, declares, that she. is not his wife.-

. In fact, he says he has never been within 400 miles of the town 1 m Mexico where the second ceremony was stated by Mrs. Sims to have taken place. He had, however,; written letters to "Sweet Dear -Betty" and signed himself ''Your loving hiisband."

N a recent issuei "Truth" gave the feminine version of the domestic upheaval m the household oJ Major Randolph Percy George Sims, engineer lately , employed by "the New Zealand Railway, Department. ■ ,

Thc'squabble between the major and the lady-. -who claims to be his. wife arose over the 'question of liability, for a debt incurred at Kirkcaldie / and Stains amounting- to £34. On the occasion of the . first hearing Mrs. Betty Sims— the major, by the way, insisting that she is not his legally wedded wife — gave Magistrate Page her very candid opinion of Randolph Percy and said, that the clothing she purchased was absolutely necessary. So far as her position m the major's household went, he had actually married her twice m a legal way, once m California (Seattle) and again m Mexico. The second ceremony was necessary, she stated, because when they were married m California the major had absent-mindedly, gone through the ceremony with her when his first, wife was suing for -alimony and before he was divorced from her. The marriage m Mexico was before a registrar and was for the purpose of definitely establishing the legality of (her position. Betty Massy, an attractive young woman, and a daughter of Mrs. Betty Sims by her" first husband, corroborated her mother's statements as to the performance of the marriage ceremonies. Magistrate's Decision . Lawyer O'Leary (for Randolph Percy) put it to Magistrate Page that whether the parties were married or not Sims was entitled to judgment or a non-suit because credit had been given Mrs. Sims by Kirkcaldie and Stains and the account was made out m her name. The firm ■ had given this credit before ascertaining that she was the wife of Major Sims. In his reserved judgment the S.M. stated 'that he considered that the procedure adopted by Kirkcaldie and Stains and also by Mrs. Sims m ordering goods was typical of that followed m the ordinary case of a wife, opening an account for, the supply of goods to her husband's household. In refusing a non-suit,' Magistrate Page said that as the evidence stood he must hold that the goods, or the large majority of them, were m; their nature necessaries. . . The major and Mrs. Betty Sims ; therefore appeared once more before the' Bench last week to thrash \ the .matter out to its conclusion. Mr. vE. K. Kirkcaldie appeared; for the firm, Mr. H. F. O'Leary for Sims, and' Mr. P.' Levi for. Mrs., Sims. « • Attired m a striped blue skirt, white silk jumper and pink ■ scarf, with a white hat trimmed with speckled feathers and a tiny mauve handkerchief peeping coyly from the pocket of her jumper, Mrs. Betty Sims immediately got to work. Her neatly-shod feet, set off by long white gaiters, completed the picture as she delved into a mass of letters. and other documents preparatory to handing them over to either her own or the firm's counsel. ~' . • ■ Kandolpli Percy's Story It was Randolph Percy's turn to hang the domestic linen on the public clothes-line when the proceedings opened last week. Standing six feet m his socks and .well proportioned, for a man who has had the matrimonial adventures he lays claim to the, major has managed fo preserve a good deal of his youthful spirits. , . He did not appear greatly concerned and seemed to find a great deal m the business that was humorous. His evidence was m the main a ; sweeping denial of Mrs. Betty' Sims' s allegations that he was married to her on two occasions. Until recently, he stated, he had been employed by the Railway Department, but was now out of a job. It was m May, 1924, that he had arrived m New Zealand accompanied by Mrs. Sims and : her daughter, Betty Massy. Mr. O'Leary: Is the other defendant your wife? — No. ' When and where did you first, meet her?— ln September, 1917. Is her, statement correct that you have lived together as man and wifs for the past nine years? — No; it is absolutely false! Mrs. Sims here registered a facial expression that left no doubt as to her opinion of the major. Continuing, witness " stated that it was true that since their, arrival m New Zealand and immediately before sailing for this country they had lived together as man and_wife. The {ady who was now endeavoring to'attach herself to him as his wife was never known, as Mrs. Sims prior to December 2, 1923. \lt was while they were at 'Reno. Nevada, m December, 1923, that they lived as .man and wife, arid -up to that time she had been known as Mrs. Massy. . ;' The major seemed to find, much amusement m the statement that he had gone through a .form of marriage with the lady who accompanied him Lo New Zealand and shared his home a1 Day's Bay. This also was absolutely . false; he said. He had neveri as, a matter of fact, been within 400 .miles of the town m Mexico where the ceremony; was stated to. have taken place. His Third Venture Randolph Percy, it appeared, had been married twice before lie took Mrs Betty Massy as a matrimonial partner. His second wife, he said, was living m Montreal. They/ were separated by a legal deed of separation and he was contributing .towards her support. 'Just prior to leaving Canada, stated witness, he . had given Mrs. Betty Sims some stock m the Eastern Engineering Co. Some of (the stock she had of for £800, retaining 50 share's. His object m giving I her these shares was m order to secure them against; his second wife, who Wai

trying through her solicitors m Montreal to obtain the stock. ' On their arrival m New Zealand Mrs. Sims had £500 to £600 of this money, left. It was not correct that his salary was £ 1000 per annum. '. ■ . • It was £ 850 minus certain deductions and had just prior tQ his exit from, the Railway Department been increased to £925. "It was several times definitely understood that on no account was Mrs. Sims to pledge my name," said witness. It was at the end of July, 1925, that he had suddenly, become dissatisfied with his financial position .and had then written a letter to the lady with whom he was living 1 directing her attention to the expenditure for the previous twelve months/ He went to Miss Betty Massy to give her a copy of this epistle, but was interrupted by Mrs. Sims, who, he stated, rushed into the room, snatched the letter from his. hands and tore it up, saying she did not intend to have her daughter worried over money matters. . ' ; The letter contained a proposal for" the more economical running of the household. It was never answered, said witness/ He had, however, forbidden Mrs. Sims' to incur debts m his name. Witness then went on to relate how he paid t,erttin accounts, such as wood, . coal and mi|k, for the house at Day's Bay. . , . ■ Further -than that, he had been m the habit of hauding various sums of money to Miss Massy for the home, including cheques amounting on an 'average to 23/- per week. On many occasions he had been asked by Mrs. Sims for clothing and had given her cash to get it with. \ It was not until January of this year that he had known of the Kirkcaldie and Stains account. Born on Christmas Day He denied emphatically that he had spent money at the Midland Hotel. "I have never spent one penny there," said witness, . "and whenever I went there it was always as a guest." The statement of Mrs. Sims that he kept a valet was untrue. He simply paid for valet service the amount of 4/7% m order that his clothing might be looked after. .-••;. Tendering a /certificate, from the registrar, of births, deaths, and marriages, Mr. O'Leary asked witness; whether the declaration concerning the Illegitimacy of his son was made by Mrs. Betty Sims as well as himself I to the registrar. J Witness stated that it was, and that his 'son was born on Christmas Day, 1924. , Cross-examined by Mr. Kirkcaldie, Sims stated that he had met Mrg Massy on the train journey to Winnepeg; He denied that he became engaged to her and married her four months afterwards. \ >, ; Counsel then read a letter writ- . ten by Sims dated July, 1922, which commenced: "Sweet Dear Betty," and ended: "Your loving, husband." ! Witness (a little excited) : At. the time I wrote that letter I was actually living with my wife! Counsel: What do you mean? Witness intimated that he meant his second wife, not the lady m Court. Counsel: You call this lady your "Sweet Dear Betty" and sign it "Yrf)ur loving husband" and yet . 'contend that she was not your wife then. Witness stuck to his .guns, though and explained the matter by saying that at that time he was "very fond of Mrs., Massy" and let it go at that. . Mr. Kirkcaldie then produced. a number of photographs which, he. stated had been taken, in Mexico and showed the major m various poses. After warning Sims to ■ be careful what he 'said, and that other and more : serious proceedings were likely : to come out of the present hearing, he asked him if the photos were not taken m Mexico at the town where, his, wife claimed he had married her a second time. ' v ;■■ Sims laughed heartily when he loo K.ed at the "snaps" and with easy assurance stated that some were taken at St. Lawrence, others at Reno, and some at Montreal. Mr. Kirkcaldie abandoned the photographs and got on to other matters. "How long is it," he asked, "since you. have seen the child by your first, wife?". ■ , Major Sims blinked behind his glasses and replied: "Not since I divorced my wife m 1910." Counsel: How long is it since you have seen the child by your second wife? Witness:' Not since I left Montreal. • Counsel-, (with caustic emphasis) :'' How long is Jt. since you have seen . your son by Your third wife? : . ; Witness (smiling, with no sign of embarrassment): I. think it must be nearly a month. ; • >: ' ' ■ Mrs. Betty Sinis (with emphasis): Two months! Not since the day ,he was m Court. ! . " His Visit to Reiio ;. To further questions witness stated that he paid the full amount;,. of the statutory allowance for his i son's .main-" tenance, which/ was £ 1 Is. •-. ■". Counsel: What ; were yo\i;doing v in Reno? — :! went to Reno with .idea of dissolving my" second marrjage. Counsel:,. l; '.put "it to you that? , you had already gone through a form of marriage with Mrs,. Sims, and ■■■• your wife m Montreal was claiming alimony? • , • [.;Si / " ■•■'.-■ Witness: It, is absolutely false. The other defendant knows my/ wife and had many conversations'with her. -■■'. ' Mr. Levi : Is it riot a fact that your first wife divorced you? a . Witness: I divorced her, arid later she married the man she was accused of misconducting herself with. T. Mrs. Sims (excitedly): No—absolutely no! '[ This concluded Major Sims' evidence. : . ....... ; In true feminine style Mrs. Betty Sims wanted the last word. Magis-

itrate Page pointed out: to; her'Jcbunsel that she had already given, her 'cvi- : dence. . Looking at his. client," who was taking a very faded and dilapidated :. dressing-gown from a parcel, Mr. Xevl said: "Mrs.! Sims just wants to— "- Mr. Page: Never mind what Mrs. Sims wants, Mr. Levi; it is nots what she wants, but what 'the ■ Court desires. After a short discussion, Mrs.': Sims, clutching the dressing-gown, entered the witness-box. . Betty's, Last Word _ "^ '.'I have never been an extravagant woman, -your Worship," she commenced, when Mr. Page cut short what threatened to be a verbal deluge. "I am not concerned with the question of whether you are &a extravagant woman or not," he' said, -J and directed Mr. Levi to ask ' a qiies- * tion and get an answer. The dressing-gown to which she clung so tenaciously was, it appeared, purchased m San Fran-, cisco three years ago and was;.., worn out. ••. ■■ ■. "When held up for inspection it seemed to be a wreck of the garment ' it had been. ' ;•■ ' '*''-"■■■ ' The dressing-gown, valued at 11 guineas, obtained from Kirkcaldie and ' Stains, was, she asserted, a birthday, present from her husband, but was purchased m October because shecould no longer, go about m the; garment produced m court. Her birth-* day was on November 6. > :- • '• The shares Sims had given her Were m return for money she had loaned him. That was' why they were made over to her. •" , •• : Mrs. Sims left the bpx- rather reluctantly. ' '■■ '. Magistrate Page intimated '= that he would reserve his judgment. . ': .-, .Mr. O'Leary: I understand, that . Major Sims has booked his; passage to Sydney by Thursday's boat. <- . Mr. Kirkcaldie informed Mr. Page that the: firm had small chance of realizing on their debt - .*>'■ '■: if Sims was allowed, to- go m. the.. ■"• ' ...event 'of a decision against him. '!■- --*' Mr. Page promised to deliver !hOJ,' judgment as soon as possible. -. f,' - Sims Must' Pay ... >' Mr. Page, m delivering his reserved judgment, said: . . .;.- ■ :,, ."• •' " . '= "On ' the whole, I ' do not tltyrfl^ that ;• there is adequate evidence^ 'dufstifying . I me m finding as a ( f act that ' Mrs .. Sims had : been forbidden 5 to Suns'; }■- credit.- " , ■ : "*•■.■'': -kP'-X'-i-L ' ■ "The second question is^'wh.ether.she had been supplied wftlt . adequate; . .. means for the purcliase/bf^necessaries.. ,-.. "Having regard to^the style In; ~ "' which Mr. Sims lived; I do not think it has been shown that Mrs. .Sims was supplied with; adequate' <* & means for the purchase^ of sucn ; "'^ i 1 'items as those wftich are the subject of these proceedings. ■ "The remaining question, is' wHetiysr I these items are .'necessary, . .. , ,. .; ■;, ,,-.' -.' "This question has also to be .considered m relation to the' manner pr style of living by ' Mrs. Sims. , .■ : ' ■■-"■ > ."ln my opinion the goods ; are necessaries...-' v ' ; '■■■■'" y.-. "The one item as to .which there wkß . some doubt—^k dressing-gowrt ctt £11 lis — was, ' I^.think, the subject of .a special a'rrs.hgement between' the de-« fendants. _ : . "I think Mr. Sims concurred m the purchase of this. . "For .'the above reasons I think judgment must be entered for the ■ ' > plaintiff^s against Mr. Sims. \Yith costs to scaled" . ... .. '..:■■ ■ ■'; '.' '.■ "■'■".'/• . .-,