JUDGE’S DILEMMA

Hokitika Guardian, 16 May 1931, Page 6

JUDGE’S DILEMMA

PROBLEMS OF S.W.A.L.K

BREACH OF PROMISE CASE

LONDON, Miirch 13

It is, of course, possible for a Judge to ask with quite a serious air, “Who is Charlie Chaplin ?” Judges have a way of asking questions like that, though no one believes they really want to know. But when this week Mr Justice M’Oaruie asked what the letters S-W-A-L-K meant, which were marked 0,1 the back of the envelopes of letters produced before him in Court there was some excuse for him.

In those days so fast receding into the dim past, when we swam in an ocean of initials—N.Z.E.F., A..F., ft'.M.C.A., D.0.R.A., and so on—we knew where we were.

Miss Monday, who brought a breach of promise action against Mr William A. Barber, went into the Avitu e ss-box and it was during her -evidence that the Judge asked the question about the letters, “S-W.A.L.K.” He was told that they meant “Sealed with a loving kiss.” He said he had never heard of that before. When h<> asked Miss Monday's counsel, Mr Pensotti, if he had, counsel replied, “Yes, my lord.”

The J udy *•: 1 suspected you from thi; beginning. (Laughter). Mr Pensotti, for Miss Monday, said the couple were introduced in 1923, became friendly, and fell in love. Barber, who was then a greengrocer, was not in a position to marry, and it was agreed that they should waft for a few years. Barber later got a position in the Po s t Office telephones, and in 1927 was sent to Dorking, where lie remained for three months. He constantly wrote most endearing letters to the girl. WANTED TO BREAK IT OFF. Mr Pensotti said that at the end of one letter there were 21 marks indicating kisses, whilst in the next letter there ivere 75. “T counted them,’’ lie said. Mr Justice M’Cardie; That is an unusual number. Mr Pensotti; I haven’t had any experience, mv lord. Counsel continued that in July, 1929, Barber went to the girl an ( ] said he wanted to break off the engagement, explaining: “I have met -someone else. Sho is a widow living in Park Lane, Avitli plenty of money. Yon lr.iA’e to break our engagement off.” Miss Monday said to him. “What about my eight years of wasted life?” There was an attempt at a settlement, and in September, 1929, Barber offered to hand over to her his motor-ear in compensation for the broken engagement. Thp .Judge: Rile would have taken tlie motor-car instead of the man? Counsel: There was no chance °f taking thp man then, an i they both considered she ought to have some compensation. He added that Miss Monday went to the garage where the ear was supposed to be. a'ul was told that it had been taken away by Barber.