| 115929 |
Original is document .133664, record 115664.
|
| 115930 |
Original is document .133660, record 115660.
|
| 115931 |
Original is document .133659, record 115659.
|
| 115932 |
Re Russell.
Maw acknowledges receiving Davies' letter of 4 May, which he will discuss with Dora when he meets with her next, which should be in a few days.
|
| 115933 |
Ottoline encloses her letter to Dora, requesting Davies' approval.
"I got Philip to draft it. I put in small additions! I thought it best just to state my views."
|
| 115934 |
Original is document .133664, record 115665.
|
| 115935 |
BR tells Davies that a cheque has been sent to Dartington and that the funds should come out of the children's trust. He asks Davies to send a cheque to the trustees to sign, and is interested to see if Dora will sign it.
|
| 115936 |
Original is document .133662, record 115662.
|
| 115937 |
Re divorce.
BR tells Davies that he and Patricia are willing to live in different houses if that's more desirable. "If there were a good chance of my divorcing Dora it would of course be a very good thing. Also the point of view of obtaining custody of the children, or equal custody, I suppose a temporary separation from Peter would be desirable? Don't hesitate as to the legal aspects of this question."
BR notes that an important line is missing from the top of p. 2 of his statement.
|
| 115938 |
Original is document .133675, record 115676.
|
| 115939 |
Original is document .133669, record 115670.
|
| 115940 |
Re Russell's settlements.
Davies encloses a cheque for Lloyd to sign, for the payment of £20 to Dartington. Davies informs Lloyd that after he signs the cheque he will send it to Meynell to sign, and will then forward the cheque to Mr. Curry.
|
| 115941 |
BR writes, "I should of course be glad if I could divorce Dora, instead of the other way. But I should have thought that difficult. There is no evidence that Gillard liked her, so far as I can see; the advances seems to have been all on her side. Mary Bailey's statement is admirable as showing that Dora is not fit to have custody of the children, but seems barely adequate to prove adultery. Moreover, would it not be difficult for me, at this date, to begin to seem sufficiently virtuous?"
BR encloses advertisements (2nd page of this document) of the school from the New Statesman; presumably Beacon Hill.
|
| 115942 |
Original is document .133677, record 115678.
|
| 115943 |
Original is document .133676, record 115677.
|
| 115944 |
Re Russell versus Russell.
Rowe & Maw write "We beg to give you notice that we have not set this suit down in the undefended list for hearing in Middlesex."
|
| 115945 |
Original is document .133686, record 115687.
|
| 115946 |
Re Telegraph House.
Withers tells Davies he should discuss making new appointments directly with Constable and Maude. Rowe & Maw have expressed to Withers that they wish the appointment to go through Constable and Maude.
|
| 115947 |
Re Mollie Countess Russell's trust; Telegraph House.
Withers encloses a letter from Constable and Maude.
Withers tells Davies, "I have got the two reports on the dilapidation to the building and the dilapidation to the fixtures, and can send them to you to see if you wish."
|
| 115948 |
Re "Telegraph House" Harting.
Constable & Maude write, "With reference to your letter of the 16th instant we beg to enclose herewith a detailed specification of the dilapidations found to have accrued at the above under a lease dated June 23rd 1927 between John James Withers and the Honble. Bertram [sic] Arthur William Russell." Their assessment of the dilapidations amounts to £866.0.10.
Constable & Maude provide Withers with a list of recommendations that if attended to immediately, "... should be reasonably possible to obtain a purchaser or a tenant...." They range from new entrance gates to manuring the garden.
|
| 115949 |
Davies tells BR that copies of the affidavits were sent to Rowe 12 June and were filed 13 June.
They are to attend the summonses again the following day (14 June). "I thought it necessary at once to explode the matter of Barry's return, because it would have been impossible successfully to watch and find him. Enclosed is a copy of the letters about it exchanged with Maw."
Enclosed is document .133719, record 115950.
|
| 115950 |
Re John Conrad Russell and Katharine Jane Russell by their next friend and trustees.
The document shows correspondence between Davies and Maw, with Davies' letter to Maw at the top, and Maw's reply to Davies' letter at the foot of the sheet.
Davies asks Maw to confirm that Griffin Barry arrived in Southampton Thursday, June 7, where he met Dora and went with her to Telegraph House, and is still with her there.
Enclosed with document .133718, record 115950. The bottom half of this letter is document .133719a, record 115982.
|
| 115951 |
Davies tells BR that there are many reasons he wrote to Maw about Griffin Barry's apparent arrival, "It brought before him at the earliest possible moment the fact that we had received information that Barry had arrived and been met by Dora, and had gone to the house with her. This is in accord with our conduct of complete candour in contrast with their conduct. It puts on record their expectation of Barry's arrival and the intimation from us that Dora may be deceiving Maw. It has elicited an answer which if possibly correct verbally may be a misrepresentation of the truth, in which case it will be damaging to them."
Davies tells BR that, "We attended the adjourned summons again to-day and there was a long futile wrangle between Mr. Sparrow and Dora's counsel as to the time which should be allowed for evidence in answer. We urged that the position of the children had to be provided for after July 7th and that it was urgent for the Chancery Judge to consider the matter before the divorce petition was reached."
|
| 115952 |
Maw writes, "I have your letter of to-day's date. I did not like your letter of yesterday's date and do not propose to discuss the matter any further." |
| 115953 |
Re Telegraph House.
Davies tells BR he received his letter of 14 June, and has sent a cheque for £11.19.7 to Maw, and encloses a receipt for BR's cheque (not present).
A handwritten postscript by Davies states, "I enclose an application for income text. Do you know why it was sent to me".
|
| 115954 |
Davies tells BR he has been sitting with Helm and obtained a statement from him, which he encloses (not present).
"It seems to leave no doubt that Barry was met by Dora on Thursday and has been living at Telegraph House. Helm hopes to see Gillam on Sunday evening, and will report further to us. There must be another affidavit by Helm and perhaps Mrs. Helm, and also by Hines."
"If the presence of Barry at Telegraph House is established contrary to Maw's emphatic letter I can hardly imagine that Dora's advisers would allow the petition to come to a hearing."
|
| 115955 |
Davies tells BR "My letter of yesterday will have gone further to clear up the Barry mystery, and I hope that early next week we may get decisive information. I shall then take in hand the completion of any further affidavits necessary to round off the case."
|
| 115956 |
Re John Conrad Russell and Katharine Jane Russell by their next friend and trustees.
Davies writes, "You expressed some surprise to my representative when you read the letter which I had written to you, and said that Mr. Griffin Barry was not here, and was not due to arrive yet. My representative then asked you, when is he coming? and you replied that you did not think that you ought to tell us. The impression conveyed by you was that Mr. Barry was expected to arrive in England."
|
| 115957 |
Davies writes about Meynell wishing to meet with BR, and being referred to Davies. "I said that we had told Mr. Meynell and Mr. Lloyd all that there was to be told, and that I had advised Lord Russell that he was right in deciding not to meet Mr. Meynell, because no bargaining was possible, and no negotiations could have any effective result, but that if Mr. Meynell or Mr. Lloyd had anything which they wished to communicate to Lord Russell, they could tell me, and I would pass it on. Mr. Meynell said that he considered this attitude was that of an obscurantist and litigious person, and that if I persisted in it he and Mr. Lloyd would take all steps to oppose the application in the Chancery proceedings."
Davies writes that Meynell and Lloyd plan to change their solicitors for the Chancery actions.
|
| 115958 |
BR tells Ted that Meynell wrote asking to meet with him, and at first he agreed, but then declined because he did not want to mislead Meynell into thinking he would negotiate Dora's petition. BR asks Ted if he agrees with him, and lists five reasons for his own decision.
BR's postscript states, "I am advised by the highest legal authority that any negotiation with a view to amending the petition would be collusive."
|
| 115959 |
Davies writes to Meynell regarding the note detailing their conversation (document .133726, record 115957).
Davies writes to Meynell, "You were speaking with some heat and vexation and with an emotion of friendship for both sides, and concern for the general good of society. I am also deeply moved as one of Bertie's oldest and most intimate friends, and with the sense of heavy responsibility as the one supposed to hold the key of the situation from a knowledge of all the personal aspects and the legal complexities. I had therefore reviewed the position in my mind anxiously in expectation of speaking to you about Bertie's reasons against a conference with you, and I had written down the exact governing words which I thought it was essential to say to you, and I had them before me when I was speaking, so as not to fail in communicating them to you. Those words were that no bargaining was possible and no negotiations could have any effective result, but that if you had anything to communicate to Bertie you could say it to me and I would pass it on to him."
Davies' postscript details that he's just received a phone message from BR saying that Meynell has written to him. "I gather that you have explained that you are concerned, not as a party, or to promote any bargain between the parties, but only as an old friend desiring to allay discord and prevent scandal, and that you have urged again your strong wish to see him."
|
| 115960 |
Davies tells BR he's received Patricia's letter that morning and the two letters from Meynell, and one from Mrs. Meynell, to BR. Davies encloses a copy of a letter he wrote to Meynell. "Unless he apologises, I shall not meet him or permit him to enter my office. If while that position remains he seeks an interview you should say that you will hear and make a note of anything he says, but that you can say nothing until you have reported to me and taken my advice, and thereafter should remain dumb." Davies encloses a copy of the instructions he sent to Hilbury and the corresponding bundle of correspondence.
Enclosed is document .133731.
|
| 115961 |
Davies tells Meynell he received Meynell's letter of 20 June to BR, that morning, "... in which you say you are making an effort to suggest arrangements for the children's future which might save them from the worst consequences of the present war of solicitors. This is an abominable sentence, and I give you this opportunity to apologise for it."
Enclosed with document .1311730.
|
| 115962 |
BR tells Meynell that he's mistaken that BR's attitude lately is due to Davies, and it was his own decision to not see Meynell if the meeting was to be about negotiating and bargaining. He tells Meynell he is willing to hear what he has to say, so long as BR does not have to answer it. BR asks Meynell not to criticize Davies. "I am a little surprised by the vehemence of your intervention, and still more so by the fact that you have not thought it necessary first to master the legal possibilities."
Of Davies: "He is my oldest and dearest friend; we have been intimate for 44 years, and there is no one whom I trust more completely."
The second sheet is document .133733.
|
| 115963 |
Document is another carbon of document .133732-3, record 115962.
|
| 115964 |
BR writes, "I gather that Dora is anxious for reassurance about her alimony. I am not at present able to enter into any binding agreement on this point, beyond what is contained in the separation deed. If I undertook to continue her allowance in all circumstances, she would probably at some time refuse unreasonably to sign cheques on the children's trust funds, and so render me destitute by forcing me to pay her alimony and the children's school fees out of my income."
|
| 115965 |
Document is another carbon of document .133735, record 115964.
|
| 115966 |
The sheet lists reasons for the deed of separation to be amended, followed by a note to telephone Lloyd. On the verso are points in the handwriting of Crompton Llewelyn Davies.
|
| 115967 |
Lloyd writes, "I understand and sympathize with what you say but I am sorry you should think we want to oppose you. The object of our meeting is to ask questions about your attitude (and if you are willing to listen) to offer advice."
Lloyd lists alternatives for BR regarding his (Lloyd's) position as a trustee.
|
| 115968 |
Davies encloses a copy of a letter of 22 June from Meynell and a copy of the message Davies told BR over the phone on 23 June.
|
| 115969 |
Meynell writes that he feels Davies has misunderstood him. "Let me make it perfectly clear that we come with no 'offer' from Dora. Lloyd and I have certain views as to how the interests of the children may best be served" which he states have to be reconciled both within BR's interest and Dora's.
Meynell tells Davies he's glad BR will meet with them the following Wednesday, and on the next page there is a note saying that Wednesday suits Lloyd as well, though Lloyd would prefer the meeting to occur at lunch or after five.
|
| 115970 |
Document is a "Message from C.Ll.D. to B.R. by telephone Saturday the 23rd June 1934 at midday."
Re Meynell's letter, Davies suggests that BR meet with him and Lloyd at 5 on Wednesday, and offers his office for the meeting. Hilbery would have no special or inside knowledge, and would hesitate to answer all the questions in the instructions in any way which would give us confidence to proceed merely on his advice.
Davies tells BR that he discussed the case with a junior, Mr. Stable, as he is versed in divorce law. "He at once picked up all the points without need for long explanation and knew all about the forgive and forget clause and the decision of L.V.L. upon it. He said, like everyone else, that the petition without disclosure was wrong and was a fraud on the court and would be so considered by any divorce judge. He knew that this trickery course had been discussed among divorce petitioners and he confirmed the possibility of Dora's counsel getting away with some wangle and the possibility of herself being granted indulgence as having acted on their advice."
"Besides being very anxious to have the petition withdrawn at once without running further risks and uncertainties, I also wish strongly to stop any further progress in the Chancery proceedings and to relieve Dora from filing any evidence herself, if she is willing to be relieved, as well as to avoid the unpleasantness and difficulty of a hearing before the judge, and also avoid any order being actually made in Chancery."
|
| 115971 |
Meynell explains his statement that was so offensive to Davies ("... the war of solicitors ..."): "My phrase was meant in the sense of 'war of attrition' or 'war of big battalions'—in which neither 'attrition' nor 'big battalions' makes the war but are the means and method of its conduct."
Meynell apologizes to Davies if he misread his intention with the statement. Someone has written "Poor worm" on the letter.
|
| 115972 |
Davies has signed the proposed letter to Maw, and requests that BR show it to Lloyd and Meynell on 27 June, and if they agree with it, it will be sent. Davies encloses a spare copy for BR (document .133744, record 115973).
Davies tells BR that Meynell has confirmed BR's meeting with Lloyd and Meynell for 27 June at 5pm in Meynell's flat in Gordon Square.
|
| 115973 |
Re John Conrad Russell and Katharine Jane Russell.
Davies tells Maw that he has consulted with the next friend of the infants, BR, and two trustees who all believe that they should not be the subject of litigation, a belief Davies thinks Maw agrees with. "We are prepared to abandon the Chancery summonses and revert to the status quo under the deed of separation, on condition that the divorce petition is amended and the prayer for custody is struck out. I shall be glad to hear from you if Lady Russell approves this course, and on receipt of the amended petition I will take the necessary steps to get leave for the Chancery summonses to be withdrawn."
Enclosed with document .133743, record 115972.
|
| 115974 |
Document is a copy of Davies' letter to Maw.
Original is document .133744, record 115973.
This and documents .133746 and .133747 are tied together with a green ribbon through a blue reinforcer.
|
| 115975 |
Re Russell children.
Davies tells Maw that due to his letter of 29 June, and phone message of 6 July, "... I agree that it is now possible and desirable for us to exchange ideas on the footing that Lord and Lady Russell now can and wish to reach a concordat as to the future of John and Kate. This would be designed on the agreed basis that in no event is any order of the divorce court relating to custody in general or in particular ever to be sought at any time in connection with or consequential on Lady Russell's petition for divorce."
"As part of this concordat as a whole, all parties would concur at once in taking steps of the withdrawal of the summonses in the Chancery actions and for the removal of all evidence from the file."
Davies writes that if no decree is made the separation deed would stand, but as part of the concordat "... now suggested that in the equal rights provision of the deed should be supplemented by the proposed recognition of Mr. Lloyd and Mr. Meynell as umpire and by their being left free to administer the settlements as the only two trustees."
|
| 115976 |
Re Russell children.
Maw writes, "The difficulty has been that Lady Russell has never been able to bring herself to regard the provisions of the deed insofar as the children are concerned as a final settlement. The deed endeavours to make a calculation to give effect to the parties' equal rights but this calculation is quantitative rather than qualitative and it is quality that matters above all."
"The difficulty I have set out is now in measurable distance of being removed as the benevolent assistance of the two independent trustees will safeguard our clients' rights until such time as Lord Russell can bring himself to co-operate with Lady Russell in good faith for the benefit of the children" and lays out 6 points for Davies to consider. There is a handwritten note in the middle of the last page, after the signature, stating "On 17th July CLld wrote in reply agreed! on all points."
|
| 115977 |
Re John Conrad Russell and Katharine Jane Russell by their next friend and trustees.
Maw acknowledges receiving Davies' letter of 27 June, and writes he is glad that all parties hold the same view as Dora.
"So far as the petition in the divorce proceedings is concerned my client has instructed me to delete the prayer for custody at the request of the two independent trustees. I cannot make this deletion the subject of any agreement upon the amendment of the petition as he thinks fit including the withdrawal of the Chancery proceedings he has instigated."
Davies has annotated what Dora views as "litigation".
|
| 115978 |
Davies tells Maw that he received his letter of 28 June, and is unclear about the meaning of paragraph two, and the third paragraph of his letter did not say anything new. "But what you say in the first paragraph about Lady Russell having held throughout the view that the future of the children should not be made the subject of litigation is unintelligible to me in view of the claim made in the divorce petition after I had informed you that such a claim could not be tolerated by Lord Russell, and would be in contravention of the rational and settled arrangement existing between him and Lady Russell under the deed of separation."
"As to the rest of your letter let us try, if we can, to avoid misunderstanding."
Davies has again annotated the copy, this time at length.
|
| 115979 |
Re John Conrad Russell and Katharine Jane Russell by their next friend and trustees.
Maw tells Davies that "the independent trustees have suggested that all questions of dispute between Lord and Lady Russell as to the construction and effect of the provisions of the deed of separation relevant to the children should be referred to an independent arbitrator." Maw tells Davies he is in full support of this decision.
"I hope I am not quibbling but I do repeat that Lady Russell has throughout held the view that the future of the children should not be made the subject of litigation and I am sorry that you find that statement quite unintelligible."
Maw informs Davies that an affidavit is necessary to support an application to amend the petition, which has been drawn; however, Dora needs to swear on it and cannot do so until Monday.
|
| 115980 |
Davies writes, "every clear thing we do seems to enable dora to raise fresh mists of the impossible and unjustifiable. We have to gauge and guard against all the tricky chances which may flow from: 1. The divorce petition going on and succeeding without claim for custody: 2. The same going on and being smashed: 3. The same being altogether withdrawn, the last being the only clear and reasonable course, although all the time we should of course like the divorce to succeed." |
| 115981 |
Re Russell children.
Davies tells Maw that regarding Maw's letter of 29 June, and their phone conversation that morning, he agrees it is possible for BR and Dora to reach a concordat regarding the children's future. "This would be designed on the agreed basis that in no event is any order of the divorce court relating to custody in general or in particular ever to be sought at any time in connection with or consequential on Lady Russell's petition for divorce."
Davies writes that "If Lady Russell obtains a decree of divorce, the separation deed becomes void, but in that event Lord Russell would be willing, as part of the concordat as a whole to continue to respect the concession by him of equal rights as expressed in clause 3 of the deed, provided that in the event of any difference the decision of Mr. Lloyd and Mr. Meynell upon it would be accepted." |
| 115982 |
Re John Conrad Russell and Katharine Jane Russell by their next friend and trustees.
The document shows correspondence between Davies and Maw, with Davies' letter to Maw at the top, and Maw's reply to Davies letter at the foot of the sheet.
Maw tells Davies that all of his claims in his letter are false, that Griffin Barry did not arrive in Southampton, meet Dora, or go to Telegraph House with her, and as such, is not there now. Enclosed with document .133718, record 115950.
The top part of the letter is document .133719, record 115950.
|
| 115983 |
Davies tells BR he received a long letter from Helm on 3 July, which he encloses and requests BR to return when he's read it. Davies asks BR if the best way to deal with Helm is for BR to write, informing him he will be by his place of residence to see him and will send him his wages.
Davies encloses a letter from the Iles Agency with their charges.
He tells BR he does not know yet if the petition has been amended.
|
| 115984 |
Davies tells BR he returned Helm's letter but not Iles' letter and charges, and he told Maw in a telephone conversation what BR had said regarding the inventory, and Maw informed Davies he would discuss it with Dora: "... I gathered that he hoped that the difficulty which arose had passed away."
Withers has written Davies asking if Dora has given up possession of Telegraph House, and if she has to have BR inform him when, if any, repairs will be made to the house so it can be put up for sale." Davies asks BR how to reply to this.
|
| 115985 |
Re Lady Russell and children.
Davies records on accounting paper that Mr. Thompson, the solicitor appointed by Maw in the Chancery meetings (as mentioned in document .133754), has requested a reply to his letter "... Attg Mr. Meynell by telephone and he would communicate with Mr. Thompson so that no steps should be taken or expense incurred if the proceedings were to be ended, and we pointed out the urgency of all parties now concurring to withdraw the summonses and remove the evidence from the file at the hearing on the 11th, and he would try to arrange for this to come about, and he had received and agreed with our letter to Maw of the 6th July, and he said that he had received from Dora a list of suggestions, but he did not wish to enter into controversy with her about them...."
The document's second sheet is .133756.
|
| 115986 |
Re Russell children.
Maw writes, regarding Davies' letter of 6 July, "Your letter crystalizes the issues between us in such a way as to make it possible and desirable that we should meet at an early date to consider the details of a settlement, which should be framed in such a way as to be quite independent of the petition; by which I mean that the concordat will be the same whether the petition succeeds or not."
Maw summarizes the points at issue for Davies within the letter, and attached is a list of points regarding the Russell children.
|
| 115987 |
Davies tells BR he saw Maw and Meynell, telling them that BR would concede to nothing more and the fight will continue unless Maw brings himself within the conditions of Davies' letter.
"I also emphasized that whereas resort to the divorce court as to custody must be definitely eliminated, it must be left open for any party to seek the protection of the Chancery Judge for the children, and Meynell understood and accepted this."
"As to the evidence, Maw said that nothing was asked as regards to your affidavit, but that Dora claimed to have an answer to the charges contained in other witnesses' affidavits. He said he thought it would be very vulnerable if you read her evidence, which has been prepared but not yet sworn. I said my letter expressed all that we would or could do, namely, removed the evidence from the file on the footing that Dora had refrained from filing evidence in answer only because the summonses were being withdrawn by universal assent before the occasion had arisen for her to file her evidence."
|
| 115988 |
The Chancery summons have been adjourned until 18 July.
Davies writes, "Yesterday I said to Maw that I had heard that Dora's answer was that Helm was a wicked homosexualist and we wondered whether Dora had discovered it just at the moment when she sacked Helm on suspicion that he had been telling on her: Maw seemed uncomfortable and half denied it mutteringly."
Davies tells BR to be happy that they are in a position that they will not want to go on with the Chancery proceedings. "What we have done has effected its object, destroying the danger of Dora getting any order as to custody in connection with her divorce petition."
Davies expresses that his feelings were that BR came out on top "... without having had to face the horrors of a bitter contest which would never have reached an end, and with the advantage of carrying the neutrals with you and securing them as buffers or solvents of future troubles, and having scotched if not killed Dora's power to misrepresent you to friends, and above all saved the children (and Peter knows I think of her too) from undeserved suffering."
|
| 115989 |
Re Telegraph House.
Davies thanks BR for his letter to Withers regarding Telegraph House. "I think that Withers recognises that the matter is not pressing from his point of view, but he is always in fear of Mollie, and I suppose that if you became insolvent and Telegraph House could not be disposed of there might be a question of her annuity running short." Re Mollie Russell.
Davies tells BR he thinks his best answer to Withers is to inform him when BR will go to Telegraph House and look around, "... and let us know how you propose to deal with the question of the more urgent repairs necessary."
There is talk of what might happen in 1937.
|
| 115990 |
Re Telegraph House.
Davies encloses a copy of a letter he has written to Maw about the making of the inventory. Davies tells BR he and Maw spoke on the telephone 11 July and Maw agreed with Davies' letter. He also encloses a copy of a letter written to Constable and Maude. In a postscript he request the return of Iles' letter and charges.
|
| 115991 |
Re Telegraph House.
Davies writes, "When you were here yesterday I overlooked to mention the matter of the inventory of the contents of the house about which I had spoken to you by telephone.... All that is needed is a simple straightforward list of the contents. The division into things which belong to Lord Russell and to Lady Russell respectively can be settled afterwards...."
At the foot of the letter Davies has written that since writing this letter he received Maw's telephone message and has arranged with Constable and Maude to go Friday to do the inventory.
Enclosed with document .133761, record 115990.
|
| 115992 |
Re Telegraph House; Lord Russell.
Davies tells Constable & Maude that what is now desired is a simple list of contents of Telegraph House, indicated in the letter Davies enclosed from Maw (not present).
"To our great satisfaction, your representative has said by telephone that you would kindly arrange to go on Friday. Will you please therefore accept this letter and the enclosures as our instructions to you on behalf of Lord Russell to attend and make the list accordingly?" Davies asks Constable & Maude to keep the list confidential. (Dora Russell is still at Telegraph House.)
Document is enclosed with document .133761, record 115990.
|
| 115993 |
Re children's trust.
Davies tells BR he is drawing up a cheque for the bill from Beacon Hill School for £5.5.7, in accordance with BR's letter of 15 July.
|
| 115994 |
Re Telegraph House.
Davies will tell Withers that BR is going into residence at Telegraph House on 28 July and will consider what needs to be done for repairs.
There is a postscript which reads, "... I have also received your letter of the 15th. I should recommend that you should get rid of all the staff that was at Telegraph House under Dora without any exception and employ an entirely new set of people."
|
| 115995 |
Davies tells BR that Dora will be leaving Telegraph House 25 July, "... but she is anxious to have the matter of the inventory cleared up before she goes and to be able to store her furniture. Constable and Maude are to-day at the house finishing their notes for the inventory, and presumably they will take a few days to have it copied out and delivered, so that Maw or rather Dora (who I gathered was with him) fears that the time may run short, and it was suggested that if everything had not been cleared up by the 25th she might be allowed to stay on for a day or two longer."
|
| 115996 |
Re Russell children.
Maw tells Davies, "The difficulty has been that Lady Russell has never been able to bring herself to regard the provisions of the deed insofar as the children concerned as a final settlement. The deed endeavours to make a calculation to give effect to the parties' equal rights but this calculation is quantitative rather than qualitative and it is quality that matters above all."
"The difficulty I have set out now in measurable distance of being removed as the benevolent assistance of the two independent trustees will safeguard our clients' rights until such time as Lord Russell can bring himself to co-operate with Lady Russell in good faith for the benefit of the children." Maw proceeds to lay out six points regarding Dora and BR and the summonses, the divorce and the children.
|
| 115997 |
Davies encloses a letter he received from Maw 17 July (document .133767). He tells BR that he wished BR to read it, and approve Davies' reply to the letter, however BR was out and the letter was urgent to respond to. He points out to BR that he did not answer the first paragraph of Maw's letter. "The answer might have been that it is quality indeed that matters above all, but that you could only equalise it by sinking to the levels which are beyond plumb." He refrained from giving this answer to Maw.
"On point 1 I have committed you to reading the evidence of Dora's volunteers (not her own) about the staff of the school, but have refrained from any promise to express an opinion upon it.... Points 2 to 5 I regard, rightly I hope, as all determined in a way satisfactory to you." Re Beacon Hill School.
Davies tells BR, "If I had spoken to you, I should have conveyed a request from Maw for you to use your good offices with the hotel not to give trouble about their evidence on the petition. I gathered from Maw that the evidence might have to be given on Saturday next!"
|
| 115998 |
Davies tells BR that before the Chancery that day all parties agreed to abandon the summonses, and that evidence from the official file should be removed. He tells BR that "... where an order directs an affidavit to be taken off the file, they are doomed to destruction either immediately or after six months in the presence of the solicitor who filed them, and this will be done, but the notes quote a case in which it was decided that, while an order to take an affidavit off the file has the effect of destroying the public record of statements contained therein, it does not make it illegal to use copies", telling BR they will make copies.
|
| 115999 |
Re Telegraph House.
Maw thanks Davies for his letter of 19 July and its enclosed inventory, which he has sent to Dora. "I do not think it is practicable to assent to the understanding which you mention in view of the fact that Lady Russell has to leave the school not later than the 25th instant. The inventory serves to identify all the articles and in view of this Lady Russell intends to take away certain of the furniture."
|
| 116000 |
Re Telegraph House.
Davies encloses the inventory from Constable and Maude (not present) along with a letter from them (document .133772, record 116001). He also encloses a copy of the letter he sent to Maw (document .133773, record 116002) to go with the copy of the inventory taken by Constable and Maude.
"The gold medal" has not been found.
|
| 116001 |
Re Telegraph House.
Constable & Maude enclose the inventory they made of Telegraph House. "We did not have time to examine the items closely, but our opinion of the same is that the whole of the furniture and effects are in a very dilapidated state."
"We did not examine the contents of the deed boxes, nor the wooden boxes in the lofts."
Enclosed with document .133571, record 116000.
|
| 116002 |
Re Telegraph House.
Davies encloses a copy of Constable and Maude's inventory for Dora, asking that she mark on it the items to be taken away, upon which Davies will return it to BR "... on the understanding that nothing will be taken away until he has agreed."
Enclosed with document .133571, record 116000.
|
| 116003 |
Re: Russell divorce.
Davies tells BR about the ligation, in response to his letter of 18 July, saying that he has received a message from Maw "... saying that the petition will be in the list for hearing on Saturday next, the 21st, but somewhat to his and my disappointment the Judge will not be Lord Merrivale but the present President of the Division, Sir Boyd Merriman...."
|
| 116004 |
Re "R v R", "Stop Press"
"In the list before the President for tomorrow there are first two (defended) common jury cases, then 21 undefended cases, and then two more marked specifically fixed one of which is R v R, at the bottom of the whole list. The Judge is not expected to sit much after 1 p.m. He prides himself on hurrying. You can estimate as well as I can whether we shall be reached."
|
| 116005 |
Re Russell children.
Davies replies to the points in Maw's letter of 16 July [document .133747, record 115976]. For point 1 he writes, "As arranged with you by telephone, we will attend before the Master tomorrow and ask for the summonses to be withdrawn and the evidence removed from the file. Lord Russell and I will read the evidence which has been prepared on behalf of Lady Russell." He agrees with Maw's points 2-5.
|
| 116006 |
Re R. v. R.
The document is a transcribed exchange between the Judge (Sir Boyd Merriman) and Mr. Bayford, acting for BR, in court on 21 July 1934. The lengthy exchange concerns the admissibility of matrimonial offences at certain times.
|
| 116007 |
Re Telegraph House.
Davies is sending a man from his office to see Maw, "... and with a view to effecting your wishes I have armed him with a note of the points in your letters and a list of the articles marked by you so that he may hand the latter to Maw if Dora's copy of the inventory is not at hand to be marked."
|
| 116008 |
Re: Russell divorce.
Davies writes, "I am afraid that on Saturday you must have been expecting news from me before you received the telegram sent after the case had been adjourned at 4.30. The President said that he would resume the case Wednesday next, but there may be other unfinished business in the list before it." Davies encloses notes he made at the hearing (document .133777, record 116006).
|
| 116009 |
There is no date on the letter, which states "Monday" at the top.
Davies is writing to BR that the old millionaire he told BR about has died, which he discovered through a newspaper clipping, and the funeral is set for Wednesday, when R v R will be continued.
Enclosed with document .1337579, record 116008.
|
| 116010 |
Re Telegraph House.
Davies tells BR that due to Maw's engagements he wasn't able to see him until 5 that evening, and he told Davies' representative that they did not have Dora's copy of the inventory. Davies' representative gave Maw BR's copy of the inventory for Dora to mark and told Maw that the gold medal and dining table should be restored. [The dining table may be "Wittgenstein".]
|
| 116011 |
Davies encloses the shorthand note (not present) of the hearing on July 21 and requests its return.
Davies tells BR, "You will see that Bayford's head is hitting the brick wall of the principle that marriage cannot be dissolved by the consent or collusion of the parties. There must be one party who is entitled to relief in consequence of the independent wrongdoing of the other." The Chancery proceedings are being dealt with as agreed.
|
| 116012 |
Davies tells BR he sent a telegram to inform him R v R was not reached that day, and is to be heard first thing on 26 July. "The Judge said he had to hear the petitioner and look at the deed, and Bayford said it was no good to begin this evening. He asked whether the Judge had got the typewritten report of the unreported case of Heath v Heath and the Judge said yes, but it isn't a decision, you merely said you didn't intend to go behind the deed."
|
| 116013 |
Davies tells BR that "when Maw returned the cheque for £5.5.7 signed by Dora, he said that part of the furniture comprised in the Guardian policy was not at Pickfords Depository Southampton, and asked us to notify the Guardian."
|
| 116014 |
Re: Russell divorce.
Davies thanks BR for his letter of 25 July and writes about the day's proceedings. "You will see that it was recorded that there were Chancery proceedings, and Dora swore that she had not committed adultery since the deed. The King's Proctor is asked to consider the case." Davies encloses his note on the day's proceedings and requests its return (not present).
|
| 116015 |
Davies encloses a letter from Maw and a copy of the enclosure Maw sent him.
Enclosed are document .133787, record 116016, and document .133788, record 116017.
|
| 116016 |
Re Russell and Beacon Hill School.
Maw encloses a letter from Kingsley Martin, the editor of the New Statesman, to Dora, and Maw is to request that BR does not communicate with third parties, as he has apparently communicated with the New Statesman.
"Lord Russell is not entitled as a matter of right to insist on Lady Russell stating affirmatively that Lord Russell has no connection with the school and so long as she does not say that he is, Lord Russell cannot complain."
Maw informs Davies that the new advertisement Dora has placed in the New Statesman asserts that she is the principal and all concerns should be sent to Carn Voel.
Enclosed with document .133786, record 116014.
|
| 116017 |
Martin informs Dora that he has received a letter from BR regarding an advertisement for Beacon Hill at Harting, saying it should not longer appear in the paper as the school will be moved, and should any more advertisements appear, it should be noted that he is no longer affiliated with the school.
Martin wants Beacon Hill School to continue but also to keep the matter out of the correspondence columns.
Enclosed with document .133786, record 116015.
|
| 116018 |
The draft calls attention to the petition for divorce made by Dora. "As solicitors of the Supreme Court we think it our duty, having regard to the provisions of sub-section (2) of section 181 of the Judicature (Consolidation) Act 1925, to give information to you of matter material to the due decision of the case."
Affidavits of T. Helm and Hines, Timothy Riggs and Harris Russell are mentioned.
|
| 116019 |
An extract from the Judicature (Consolidation) Act 1925. The document is presumed to come from Davies.
|
| 116020 |
Meynell thanks BR for his letter, which he has conveyed to Dora. "I want you to appreciate the fact that I am being merely a conveyor of her opinion in this matter."
|
| 116021 |
Re Russell; Telegraph House.
Davies tells Maw in reference to his letter of 25 July, "... I anticipate some difficulty in notifying the Guardian Assurance Co. Ltd. as to a part of the furniture covered by that company's fire policy, which, as you say, has been removed, and is now at Pickford's Depository, Southampton." Davies refers to a memo sent by Guardian Assurance, telling Maw that if they were to write the insurance company he feels they will draw his attention back to this memo.
|
| 116022 |
Re Telegraph House.
Davies is getting other signatures for the cheque of £5.5.7, and encloses copies of two letters he has written to Maw. Enclosed are document .133794, record 116023; document .133795, record 116024.
|
| 116023 |
Re Russell and Beacon Hill School.
Davies tells Maw that BR doesn't demand Dora say that BR is no longer connected with the school. However, he does not wish for people to send their children there under the pretence that he is affiliated with the school, or "in any way" approves of it. The possibility of BR making a statement is raised.
Enclosed with document .133793.
|
| 116024 |
Re Russell; Telegraph House.
Re Maw's letter "... stating that some of the furniture insured with the Guardian is at Pickford's Depository at Southampton ..." and Davies' letter to Maw of 30 July, BR says he would be obliged for a list of the furniture and how it got there.
Enclosed with document .1337593.
|
| 116025 |
Davies received a letter from Maw, in which he sent Davies the 15 affidavits that would have been used in the Chancery proceedings if they hadn't been settled. Davies sends the affidavits (not present) to BR without having read them first.
|
| 116026 |
Re Telegraph House.
Davies tells BR that he received a letter from Maw, which acknowledged the receipt of Davies' letter of 2 August and the list he required: "'The effects were moved in the ordinary way and I think I told you that had been done at the time.'"
|
| 116027 |
Re Beacon Hill School.
Davies tells BR he received a letter from Maw saying the affidavits Maw sent Davies will clearly show that nobody thinks BR has any connection with the school, although he omitted sending parents' testimonials.
Davies encloses a letter he wrote to Maw. Enclosed is document .133799, record 116028.
|
| 116028 |
Davies acknowledges the receipt of Maw's letter, and the enclosed affidavits, of 31 July, and tells Maw he has sent them to BR to look at.
Enclosed with document .133798, record 116027.
|