Swansea Journal and South Wales Liberal. — 1895-06-01 (Swansea, West Glamorgan, Wales)

FAMILY AFFAIR.  Phillips v. Phillips.—This was a somewhat peculiar case so far as the Swansea County Court is concerned. The plaintiff, Emma Phillips, widow, of New South Wales, Australia, brought an action against Margaret Phillips, of Hooke, Langwm. Pembrokeshire, for the recovery of possession of a small dwelling-house, with garden and premises, situate at Hooke, Langwm. Mr. C. H. Glaseodine (instructpd by Messrs. Eaton, Evans and Williams, verfordwest) appeared for the plaintiff, and Mr. Howells (Llano11y) defended.— hi opening, Mr. Glascodine explained that James Phillips, plaintiff's husband, went out to Austraba and there married plaintiff, who was a Miss Hendon. Subsequently, Mr. and Mrs. Phillips paid a visit to Pembrokeshire, when the husband purchased the property in question. Plaintiff was- called back to, Australia to 'attend to settle property there, and in her absence Mr. Phillips died somewhat suddenly, and intestate. His brothers and sisters at once and without taking out letters of administration, took possession of his belongings in this country in reference to which other actions, besides the present one, was pending. Counsel here read the certificate of marriage which was solemnised at Holbury, New South Wales. His Honour: That is a certificate of marriage between the people of that name only. Mr. Glascodine : Mr. Phillips came over to England a few years ago and lived with that person. She is now in Australia, but I am unable to produce her brother, who will identify her photograph, and she was the person who was in Hooke with James Phillips, and passed there as his wife. Mr. Howell: I shall prove that the plaintiff did not pass either at Australia or here as his wife.  Elizabeth Wilkins, living near Hooke, sworn, said she had no doubt that the plaintiff was Mrs. Phillips, whom she saw with her husband at Hooke about 1889. Mr. and Mrs. Phillips twice visited England, and on the first occasion his sister, Margaret Phillips, the present defendant, accompanied them back. Cross-examined by Mr. Howells: She had written to Mrs-. Phillips' brother. Both Mr. and Mrs. Phillips were addicted to drink. She had never heard that Mrs. Phillips had threatened to commit suicide unless her husband gave her her passage money to Australia. Nor did Mrs. Phillips ever say she was not married to the deceased.  Mr. Prue, Registrar of the County Court,  ITaverfordwest, said the value of the- house in question was about £4O, and of the deceased's entire personal estate, £231. James Hendon, an old man, who is an inmate of Chippenham Union, identified the photograph (produced by Mrs. Wilkins) as that of his sister, Emma Hendon, who was afterwards Emma Phillips. For the defence Mr. Howells said he would call witnesses to show that both Mr. and Mrs. Phillips often admitted that they were not married, and went on to question the genuineness of the hand.writimg on the certificate of marriage, when  His Honour observed that it-was extraordinary that these people should openly admit living in adultery. Martha Evans, sister of the deceased James Phillips, gave evidence of her brother and Mrs. Phillips saying they were not married. "Not one in a thousand," said the witness, whose ideas of colonial morality were somewhat narrow, "got married in Australia; everyone picked up their own man." (Laughter.)_ _ _ _  Mr. Glaseociine :-You think- that? Witness: Yes, ycur great honour. (Loud laughter.)_ _ _  6eorge'Evans, Esther Phillips, Wm. Phillips, and several other relatives of the deceased gave corroborative evidence, each of the witnesses saying that Mrs. Phillips was known to them as a Miss Jetferies and not Hendon, and also that. she returned to Australia alone on f.e second visit because the deceased decliaed to make a will in her favour.  After a lengthy hearing, his Honour said. that the defence was nothing but "trumped-up deliberate falsehoods from beginning to end," and gave judgment for the plaintiff with co-ts. Subsequently, Mr. J. Price, the registrar of the Ilaverfordwest County Court, harii,g taken out letters of administration with reference to the estate of James Phillips, appeared as the plaintiff in an action against Mr. John Thomas, farmer, of Langwn, for the recovery of certain goods belonging to the estate, or in the alternative the sum ot £5O. Mr. Glascodine appeared for the plaintiff, and Mr. Howell defended.— The defence was that the goods were seld to defray the funeral expenses of the deceased.— Plaintiff was nonsuited in this and another similar case with costs.