Skip to main content

March 5, 1918 - Don Martin sees the censor, and a story about a British nobleman

Don Martin diary entry for Tuesday, March 5, 1918: 
Began the day by seeing the censor. He said there was no need of worrying over the notes I sent by boat but that it wasn’t a good thing to do. I agreed with him and assured him I had no intention of doing anything irregular and certainly will give no further cause for criticism which I shan’t. Heard nothing from the Commodore about the arrangements for the front. It is too early to hear. Was at the office most of the day. In the evening took Metier of Vancouver to the office and wrote a story for him about the reception given for his Victoria Cross friend, Hanna, in Kilked, Ireland. Metier wants to send it to a Vancouver paper. Wrote a good column story for him.

Weather clear + reasonably pleasant.
An unusual story was written about Sir William Bowyer-Smith, 11th Baronet (1814-1883). It was perhaps drafted by the office and polished by Don Martin. Dated Tuesday, it  was published in the New York Herald on Wednesday, March 6, 1918.It might have been cabled on March 5 but might have been mailed an earlier Tuesday.
REVEALS ROMANCE OF BARONET
HIDDEN FOR HALF CENTURY
[Special to the Herald]
Herald Bureau, No. 130 Fleet Street, London, Tuesday
       A romantic story of an English baronet’s chance meetings half a century ago with a thirteen-year-old Scottish maiden, who subsequently bore him thirteen children, has just been told in the Court of Sessions at Edinburgh.
       It came out in a remarkable action concerning the Scottish marriage of the late Sir William Bowyer-Smijth, residing at Windsor, Melbourne, and six others, against Lady Eliza, Fechnie Malcolm, or Bowyer-Smijth, Mrs. Wilhelmina Bowyer-Smijth and Mrs. Adela Bowyer-Smijth for a declarator of legitimacy according to the law of Scotland.
       Lord Anderson, the Judge, said that circumstances originating the action were romantic and extraordinary. Miss Eliza Fechnie Malcolm was born in Scotland in 1842 and when thirteen met an Englishman on a fishing holiday at Blair Atholl. He was Sir William Bowyer-Smijth, an English baronet, with estates and a family seat in Essex and was then forty-one years of age. He was living apart from his wife, by whom he had three children.
Travelled as Man and Wife
       In 1858 Miss Malcolm went to London to live with her brother, and, walking in St. James’ Park, she casually met Sir William. Their acquaintance thus renewed rapidly ripened, but Miss Malcolm knew him only as Mr. Smith. Later he asked her to be his wife and she assented. She went to her aunt, at Leith, in July 1858. Shortly after Sir William went to Leith, and in a drive in a cab matrimonial consent was interchanged between them, and a marriage ring was given and accepted. They lived constantly together as husband and wife in France, Holland, England and Scotland.
       In 1859 Miss Malcolm discovered that the man she had “married” was a baronet. He then told her he was a widower with three children and asked her to continue to use the name of “Mrs. Smith.” Between 1859 and 1872 thirteen children were born and eleven survived.
       In July last the evidence of Lady Bowyer-Smijth was taken, and Lord Anderson said he was most favorably impressed both with her evidence and the manner in which it was given. She stated that it was not until 1873 that she got to know that Sir William’s wife was still alive. Although that was a great shock to her, she continued to live with Sir William at his urgent entreaty and for the sake of the children.
Married After Wife Died.
      Sir Williams’s wife died in 1875, and one week later he married Miss Malcolm at Cheltenham. Two children, Mrs. Battye and Mrs. Northcote, the compeering defendants, were born after than date. Sir William died in 1883. Later Lady Bowyer-Smijth married her present husband, Mr. Stanford. The plaintiffs had brought this action to have it declared that they were the legitimate children of Sir William Bowyer-Smijth and Lady Bowyer-Smijth, of Stanford.
       The judge was satisfied that the patrimonial interest of the compeering defendants would not be affected if their brothers and sisters got the degree which they had sought. The legal basis of the plaintiffs’ claim was that they were the issue of a putative marriage. The law of Scotland was that where a marriage turned out to be invalid by reason of a pre-existing impediment the legitimacy of the issue was saved if either parent was in bona fide ignorance of the impediment in question.
       The plaintiffs called as defendants their mother and two sisters, Mrs. Battye and Mrs. Northcote. The mother had not stated a defence to the action. The other two defendants had, and the Judge was at a loss to understand why, seeing that no patrimonial consideration was involved. These defendants were doing all they could to prevent their brothers and sisters from getting the declarator which they sought.
Impugned Mother’s Good Faith
       They went so far as to impugn in their defences the good faith of their mother at the date of the putative marriage, or at all events from 1859. In view of the evidence of Lady Smith that appeared to be unfilial, and his impression was that as the compeering defendants had no interests to resist the decree which was sought they had no title to prevail in their defence.

       The compeering defendants, however, maintained that the Scottish court had no jurisdiction, as they were domiciled English women, and the Judge gave effect to that plea and dismissed the action as against them. The liberation of these defendants from the process, however, still left the action formally complete because Lady Smijth remained in it as a defendant. Her domicile of origin was Scottish, and she retained that until she married Sir William in 1875. His Lordship accordingly sustained his jurisdiction to dispose of the action against Lady Smijth and held that the law of Scotland should be applied to the case.

Comments

Popular posts from this blog

October 14, 1918: Don Martin’s funeral service in Paris

        A funeral service for Don Martin was held in Paris on Sunday, October 13, 1918, at the American Church, rue de Berri. The New York Herald published this report on Monday, October 14, 1918. MANY FRIENDS AT CHURCH SERVICE FOR DON MARTIN Simplicity and Sincerity of Character of “Herald” Writer, Theme of Dr. Goodrich’s Sermon                     Funeral services for Don Martin were held yesterday afternoon in the American Church in the rue de Berri. They were simple and impressive. Before the pulpit rested the coffin, over which was spread the American flag. Floral offerings were arranged around it. Flat against the wall behind the pulpit were two American flags and the tricolor, and on either side were standards of these two emblems. Uniforms of the United States army predominated in the gathering of 200 persons composed of friends Mr. Martin had known for years at home and friends he had made in France. The depth and beauty of character which drew these old and new

Welcome to Don Martin blog on Armistice Centennial Day

Welcome to the World War I Centennial Don Martin daily blog, on Armistice Centennial day, November 11, 2018. Don Martin was a noted war correspondent reporting on the American Expeditionary Forces in France in 1918. Regrettably he died of Spanish influenza in Paris on October 7,1918, while covering the Argonne Forest offensive. He missed the joy of the Armistice by a month. Beginning on December 7, 2017, this blog has chronicled each day what Don Martin wrote one hundred years earlier – in his diary, in his letters home, and in his multitude of dispatches published in the Herald newspaper, both the New York and the European (Paris) editions. The blog, for the several days following his death, recounts the many tributes published, his funeral in Paris and his trip back to his final resting place at his home in Silver Creek, New York. To access the daily blogs, click on the three red lines at top right, then in the fold-down menu, click on Archive. There are 316 blogs from D

October 17, 2018: Final Salute to Don Martin, Soldier of the Pen

          We have reached the end of the Don Martin World War I centennial memorial blog. Starting on December 7, 2017, this daily blog has chronicled, in 315 postings, the remarkable story of my grandfather’s contribution to the Great War.               This blog was possible because of the availability of my grandfather Don Martin’s diaries and his letters to my mother, and his published writings in the New York and Paris Herald.             We have followed him from leading political reporter of the New York Herald at the end of 1917, to head of its London office in January-March 1918, and then to France as accredited war correspondent covering the American Expeditionary Forces, based first in Neufchateau, then in Meaux, Nancy and finally for a few days in Bar le Duc. And then, his final return to his hometown in Silver Creek, New York. Don Martin has given us a full and insightful, if grim, picture of the Great War, as witnessed by the American war correspondents. We have seen