FASCINATING CRIMINAL.

Waikato Times, Volume 100, Issue 16813, 3 June 1926, Page 13

FASCINATING CRIMINAL.

ACTRESS EIENIEB LOVE STORY. A libel action arising CAit of an article in I lie d elective Magazine Svas brought in London by Mrs Kate Macauley, who was known on the music-hall stage as Bonnie, Kate Harvey, wife of Mr Andrew Macauley, a member of the Irish Bar, of Ormeau Road, Belfast, the defendants being the. Amalgamated Press (1922), Ltd., Flaetway House. The defence was a denial that the words were printed or published of Mrs Macauley or could reasonably he read as having references to her or that they were defamatory of her. Sir Henry j.Uaddo,eks, K.G., for Mrs Macauley, saiil that she was 05 years of age, and 3J5 years ago was a wellknown music-hall star. The magaz'fne made reference to her in such a manner as to be unmistakable that it referred to her. It Imputed to her that 30 or 35 years ago she was a woman of loose character and associated with criminals, being eager and willing to help a notorious criminal to (escape from justice.

In the magazine on February 27, 1925, in an article "The Other Side of the Fence. The Straight Crook," the story was told of how the police arrested a man named Frank Tarbeaux, who was said to be a notorious robber, professional thief, card-sharper, and cheat, a man who captivated all the girls of London, that all the girls were mad about him, that he was the whitest man the person who told the story had ever known —"a man who had' more personality in his little finger than you could find in a dozen leading politicians." (Laughter). "Fell In Love." The words complained of included the following:— Tarbeaux made for the Transvaal, and it was there that he met Bonnie Kate Harvey and a lady companion. They .were music-hall artists and on tour. Bonnie Kate fell in love with him and the three hung together all the time. Tarbeaux had a wonderful fascination for women. You may be able to judge the extent of this from the fact that Bonnie Kate Harvey was the prettiest and most popular comedienne on tour. The story went on to state that when the South African police located Tarbeaux they entered on a scheme by which they hoped to lure him across the border, where the arrest could be legally effected. He was made drunk and rushed aboard a train The article continued: Just before it left Bonnie Kate and her friend heard about it and they raced away to see what was happening The two girls made up to the policemen to let them travel as well, so that they could do their best for Frank when he was over the Cape border. , , The article said that Frank stole a horse and rode into the Transvaal There was not one word of truth in the story so far as Mrs Macauley was concerned. She never knew of a Frank Tarbeaux, and certainly had not met him. Sir Henry said that he was informed that there had been a desire to publish an apology, but the magazine had ceased publication. Plaintiff's Evidence-. Mrs Macauley, in evidence, said that she was born in Brighton and that hei maiden name was Kathleen Alicia Jeanette Mcasor. Cross-examined by Mr Norman! Birkett, K.C.: You do not agree that after the days of glory of the musichall artist new favourites come along and the old favourites are forgotten. —The old ones are never forgotten. Mr Justice McCardie: Can you suggest, Mr Birkett, any old favourites who'have been forgotten? Mr Birkett: That is rather an embarrassing question. Mr Justice McCardie: I don t think reallv that one ever forgets distinguished music-hall artists or singers Air Norman Birkett said that from the moment that complaint had been made,there had never been any suggestion by anybody connected with the defendants that the words oointjalnod of were true. He suggested that effect of the article had been grcatl> exaggerated by Mrs Macauley. Sin. was entitled lo a vindication of her character, but he submitted that this was not a case for heavy damages. The hearing was adjourned.