NAME CLEARED

Evening Star, Issue 22440, 10 September 1936, Page 3

NAME CLEARED

MALICIOUS CHARGES girl-wife Wins suit When she left the court at Manchester Assizes recently after a jury’s verdict had “ cleared her name,” a girl-wife was surrounded by friends, who cheered and congratulated her. She had succeeded l in her action against her former employers—a Manchester justice of the peace and his son—and the jury, after a retirement of over two hours, awarded her £4,719 damages. “ Where’s mother? I must tell her the news at once.” This was the exclamation of the slight, dark, 21-year-old wife as she ran up the pathway of her parents’ home in Blackley, Manchester. She is Mrs Frances Irene Lowick, of Rhos-on-Sea, Denbighshire, who had been given the damages indicated. ’ She brought the action against Philip Lazarus, a J.P., and his son, Adolph Lazarus, calico printers, living at Salford.

Mrs Lowick, formerly Miss Thompson, was arrested a fortnight after she left the firm, by whom she was employed as a typist and bookkeeper, to be married. The action was a sequel to charges of forgery and falsification of the firm’s books, subsequently against her at Manchester Police Court, which resulted in her being placed in a police cell. The charges were dismissed.

r ‘ I WAS CONFIDENT.”

“ It was the verdict I wanted, not the money,” declared Mrs Lowick, after the Assize case. “My name has now been cleared, I was confident all along that I would win, but I never dared l expect such an. amount as damages. Thank goodness it is all over. I wouldn’t go through it again for double the amount. “ The months of waiting make the ordeal of the police cell seem a small thing. It has been a very anxious time for iny husband, but now he will be able to relax. We have a nice little garage business at home, and this will be my first real opportunity of enjoying married life.” Mrs Lowick’s father was a.so overjoyed. “My earnest hope is,” he stated, “ that my daughter’s case will lead to a change in a system that makes it possible for anyone to be arrested so easily.” “ VERY SERIOUS ISSUES.” The case lasted six days at the Assizes, and the defence was that before launching the prosecution all reasonable and proper precautions had been taken. In his summing-up Mr Justice Atkinson the issues raised were very serious and very important. The mere fact that a person prosecuted was acquitted did not entitle that person to bring an action against those who set the criminal proceedings in motion, unless the person could show that the proceedings were instituted without reasonable and proper cause, and maliciously. The judge went on to say that there were two matters of outstanding importance to bo considered. The_ first was whether Adolph Lazarus signed the cheques referred to in the ease, and the second was the fact that at the police court Air Elliott, an accountant who had audited the firm’s books, had not been called. What, the judge asked', were )} thc probabilities of a “ slip of a girl, at the time aged between 19 and -0, getting past for 18 months two astute Jews and their accountants to the tunc of more than £1,000?

PLANK BED IN CELL.

Referring to the non-calling of Mr EHiott. His Lordship said that, if one really believed'in the guilt of a person, on© did not keep hack evidence. Witho.nt one cheque having been put before her, Mrs Lowick had been taken to the police station _ and submitted to every indignity imaginab.e. She was searched and her fingerprints taken, and she was refused bail. She was taken to a cell with a plank bed and one blanket. Next morning she was forcibly stripped naked ana washed with carbolic soap. She was taken to the police court in a van between a prostitute and a disorderly Pe Th®'judge added that, if the jury was satisfied that 'Adolph Lazarus signed the cheques, there was enough malice to sink a battleship. The jury returned the following answers to questions left to them Did Philip Lazarus honestly believe in the truth of the charges laid before the magistrates ?—Yes. Did Adolph Lazarus honestly believe in the truth of the charges laid before the magistrates —No. Did Philip and Adolph take reasonable care to inform themselves of the true facts before proceeding?—No Were Adolph and Philip actuated by %;ulice? —Yes,