MATTER FOR THE PRESS

Otago Daily Times, Issue 23692, 27 December 1938, Page 2

MATTER FOR THE PRESS

JUDGE POWERLESS "PERSONAL DISCRETION" (From Our Ow.u Correspondent) (By Air Mail) LONDON, Nov. 28. A request that the name of a man concerned in a case before Mr Justice Langton in the Divorce Court should not appear in the press was made to the judge as the petitioner, Mrs Viplette Marie Fraser, who now lives in Paris, was about to enter the witness Mrs Fraser, who, the judge stated, had also committed adultery, was asking for divorce on the ground of the adultery of her husband, Mr Guy Basil Fraser. and the request was made by her counsel, Mr R. T. Barnard. "I cannot give any orders about that," Mr Justice Langton replied. It is a matter for the press. They are always very considerate, but I nave no power to order it." Later Mr Barnard and counsel for Mr Fraser saw the judge in his private On' returning to court, Mr Justice Langton said: "At the outset of this case an appeal was made to me by the petitioner that certain details should not be published in the press and I had occasion to remind her—and it is just as well that it should be thoroughly understood—that I have no control whatever as to what should be published by the press. IMPORTANT LIBERTY

"The freedom of the press in this country is just as important a question of liberty as any other liberties of the subject, and Parliament has been neither slow nor supine in laying down what shall and what shall not be reported as far as this division is concerned. " It is my only business in this matter to see that the Statutes are properly respected, and I have no jurisdiction whatever outside those Statutes. On the other hand, there arc cases when, in my judgment, it is unnecessary to recite in public all the extraneous facts of a particular case. That is a matter for my personal discretion. "In this particular case I think the best interests of the public and of the parties will be served by saying that at a certain stage In the case it became apparent that some negotiation between the parties might be fruitful. ANXIOUS TO MARRY

"That negotiation has been carried out, and I have been apprised by counsel of every detail of the negotiation, and it has been submitted for my sanction. . , "The only fact that it is necessary to recite here is that it has been proved before me that Mr Fraser has committed adultery with a lady, Margaret Henderson, and that lie is exceedingly anxious to have the opportunity ol marrying her." The judge said that as that adultery h3d been proved, it was possible for him, and he thought right in all the circumstances, to grant the wife the discretion for which she applied, she also having committed adultery, and to pronounce a decree in her favour. Mr Fraser. the judge added, recognised his liability towards his wife to the extent of being ready to pay herand he undertook to nay her—3os a week. It was perhaps fair and just to him to point out that he had not been living with his wife over a period of at least 30 years.