SMITH DIVORCE CASE.

Auckland Star, Volume LX, Issue 228, 26 September 1929, Page 9

SMITH DIVORCE CASE.

McCLEAN IN THE BOX. ADMITS THE "ARRANGEMENT." ALLEGATION OF COLLUSION. JUDGE RESERVES DECISION. Evidence in the remarkable divorce case which opened before Mr. Justice Smith in the Supreme Court yesterday was concluded this morning, when the co-respondent was in the witness box. The petitioner was John Percival Smith, farmer, of Kaiwaka (Mr. Inder and Mr. East), and the respondent Beatrice Smith. Mr. V. R. Meredith appeared for the co-respondent, Joseph Archibald McClean. N Yesterday afternoon Mr. Meiedith submitted that the proceedings were the result of a mutual arrangement between. Smith and his wife, and th.it all the facts pointed in that direction. Evidence was given by F/tmcis John Jaques, storekeeper, Kaiwaka, and Agnes Beatrice McClean, mother of the co-respondent. She asked Smith tc stop the divorce proceedings and let her son buy the farm. Smith laughed and said: "I am getting a joke out of it anyhow." Ho said he had known for a long time what was going 011, but thought that if he gr.ve McCleaa enough rope, he would hang himself. Co-respondent Examined. Joseph Archibald McClean, aged 31, the co-respondent, a. farmer, of Kaiwaka, gave evider.ee this morning. His evidence mostly corrooorated the evidence of his mother, which was given yesterday. Witness said that on one occasion he had gone to Smith's house and discussed the purchase of the stock. Smith had said on one occasion that he knew that something was going on and if he gave McClean enough rope he would hang himself.

"In a subsequent discussion Smith said I was a twister," said witness. "I said that I was not trying to twist, but that I was doing my best for my mother and sister." Witness said that lie had offered £1000 to Smith. One afternoon there was a row at Smith's house and Mrs. Smith had called witness "a dirty cow." Since that time he had not had anything to do with Mrs. Smith and the statement by her that there had been improper relations after the row was incorrect. Witness took over the farm on July I. The last time witness paid Mrs. Smith any money was just before the birth of the last child. Mr. Inder: When did the'e immoral relations with Mrs. Smith begin?— Early in K'27, when Sr.ith was away at his work. Witness, in answer to a question, said he had found Mrs. Smith a truthful woman. Don't you think it is a fair thing to pay for the maintenance of the children?—No, not under the circumstances, because I'm doubtful whether the children are mine. The elder one gets more like Smith every day. It was arranged that I should marry the woman and provide a home for ho: and the children so that Smith couH leav: the district. His Honor: Is this what you arc suggesting? That for the mutual convenience of Smith and his wife it was arranged between the Smiths that you should take over the farm and the wife and the children? —Yes. Mr. Inder: How did Smith become suspicious of you?—By the amount of money I gave Mrs. Smith. There was no doubt about what Mrs. Smith wanted. She wanted you? —1 think so. Until recently, you were willing to marry Mrs. Smith? —Yes, until I saw things in a different aspect. A brother-in-law of McClean's, Richard Alfred Lewis, said h?. had been wired for by McClean. When he arrived, he could not understand tinrelationship in Smith's home. He heard Smith say that he hart never had woras with his wife nnd never intended to. Smith was quite joviaj. Next iJay witness left for Dargaville, bur, lie had his suspicions aroused that all was not well and he returned to Kaiwaka on the Monday. Witness heard another discus • sion in which Mrs. Smith had called McClean "a dirty cow." She had also said: "We will fight them, father.. Don't let them talk you out of it. Wo will show them where the dirt lies." Commenting that the case contained some unusual features, his Honor reserved his decision.