AN UNHAPPY HOME

Dominion, Volume 6, Issue 1751, 16 May 1913, Page 5

AN UNHAPPY HOME

AUCKLAND DIVORCE CASE. REMARKABLE EVIDENCE BK BOTH PARTIES. WELL-KNOWN MERCHANT'S ACTION. (By Telejrrnuli .—Special Correspondent.) Auckland, May 15. An interesting divorce case is at present being heard at the Supremo Court, the parties being well-known Auckland people. The petition i» Hint of Thoinai John Craig, merchant, against Zillah Aurora Craig, and Henry llargreaves, bank clerk, Sydney, is joined as co-re-spondent. Dr. Bamford, for tlio petitioner, said tlio couple had been married on December 31, 1898, and sinco then had lived ill practically every part of Auckland, li was not until 1912 that thero had been any serious Irouhlo between them, but it was alleged (hat in July, August, October, November, and December of lust year Mrs. Craig had been guilty of misconduct with Henry It was proposed to jjlaco before the jury, ho said, certain circumstances from which it would bo asked to infer that misconduct had taken place ill Sydney. Tlio pnvtics had been married for about 17 years, but U was sufficient to say that from tlio first Mrs. Craig seemed to have lieen unsettled, and had insisted on frequent changes of residence and lengthy trips. In November, 1911, when returning from a trip to Sydney, she had brought HarI greaves with her, and after some dissent on the part of the petitioner, the Australian had been allowed to stay at i tlio Craig's house in Beach Road as a guest. Ccrjain incidents had occurred, and ulti- ; mately the petitioner had ordered the corespondent out of the house. Very soon afterwards Hargro'aves had returned to Australia. On April 8, 1912, respondent, against the wishes of her husband, lwd left for Sydney, taking only a singlo ticket. Letters had passed between husband and wife and tho petitioner had sent his wife money. During tho following August, Craig had become very il), and his wife had been called back to Ncm' Zealand, had assisted in his nursing, ami had made inquiries as to the will. Soon after tho husband had found his wife writing to Hargrenves. Tho letter com' meneed, "Darling Mine," it was punctuated by manv terms of endearment sucli as "Dariie," .and there also appeared tlio spntoiioc, "No, dear, I do not let lum kiss me." When taxed two days later with writing this letter. Mrs. Craig had replied that if slio did not write" Hargreaves would commit suicide. A search of tlio respondent's trunks discovered many- letters.. .The first batch showed that' .tlio co-respondent and respondent had been in almost daily communication, and contained terms of endearment sandwiched between details as to the wt '™ rs health and tender inquiries as to Mrs. Craig's condition. The other letters referred mainly to trivialities, but one of tliem expressed the hope that "H., apparently the husband, .would be found by Mrs. Craig in awful pain and nearly dead, "if lie is to die." One letter read, "I liopo it will be the most awful death imaginable." -Still auoihor roado veference to "Your loving Tom, curse him, \vhile a query, "You don't let 'him kiss you, do you, clear r" had apparently inspired tho reply contained in tho letter discovered eavlier. On September 30 last, counsel continued, Mrs. Craig had left Auckland for Sydney, and sinco then had not been seen by the petitioner until the commencement of the present, proceedings. Before., leaving Auckland, howover, sho had a conversation with Mr. J. J. Craig in connection with tho proposed divorce proceedings, and had*'remarked that if Hargrcavcs was brought into tho euso she would fight it tooth and nail. She had added that if lie were left out of it sho was quite prepared to baud over let' ters.from other men. ,

"Not a Home, but a Holl." Thomas John Craig, tho petitioner; »avo evidence in accordance with tho outline of the caso given l).y Dv. Bamford. lie said that ho had found Mrs. Craig in Hargreaves's room when the latter was staying with them in Beacli Road, and had also found Harsreavcs on one ocea' sion sitting on liis wife's lied, Undci cross-examination tho petitioner admitted having come homo under tho influence of liquor. Mr. Prendcrgast: How many times?— The petitioner: Several times, but it was not a home,' it was a hell. Mr. Prendcrgast: Yet you were willing to remain?—Tho petitioner: Yes; I was fond of my wife; I loved her. Joseph James Craig, merchant, of Auckland, and a brother of tho petitioner, gave evidence as to tho illness of fli® brother, and mentioned incidentally that ho had instructed tho nurse to keep an evo upon Mrs. Craig, beeauso ho waa satisfied that sho did not want her husband 'to live. Continuing, ho gave evw dence as outlined by Dr. Bamford. Waking reference to Airs. Craig's offer to hand over lcttors from other men if Hal'* greaves were left out of tho caso, ho produced a letter written by respondent alter she had left Auckland for good, in which slio said she did not mind being blamed for what she had done, but would not b» Warned unjustly. Sim also remarked that .she had only neefcpted little aflcctioa when she was in need of it. Mr. Predergast: Did you not tell resmiiident iluit unless her husband mended his wavs lio would havo 'to £0 out ot. (no firm?— Witness: "No. I said T would speak to him and that ho would havo to behave himself. Ho admitted that tho respondent had always' denied that thera had been any misconduct on her part. . Edward Hadfleld, photographer and innuiry agent, employed by the firm of Benjamin Cook, Sydney, gavo. cvidonco that in November last according to wstrur.'tions ho located and watched the. respondon t and the co-respondent. 'Iho first tamo ho saw tliem was 011 November 10. Uti the evening of that day, about 7.30, ha saw ilartrreaves meet Mrs. Craig, thev went together to Dr. Cassidy s house. The ladv went in and tho man waited outside. Shortly after eight o'clock sho camo out and joined him, ond they both vent into ihe house. Shortly after 10 » clock tliev both left the house and , walked ti> tfockvall Crescent. .Potts loint. whero Mrs. Craig was living at the time. As . they walked tho lady had her hand on Hai''*reaves's shoulder, sometimes lie had his arm round her waist. On "} a Sunday, Hargreaves camo fiom tho direction of his lodging, with a bathing costume in his hand, and caught a tram for IJoiuli. Ho went to Brighton Cot+ago ami came out again with Mrs. Craig a d a lit'tlo child. They went to the and llargreaves changed into his costjuno " (lie dressing-shed and joined the lady at tho water's edge, lliey went into tha 'biT'ikers together, and afterwards s*t toother on the sand. About one o'clock l-lir'Tcavps dressed and went with Mrs. Craig to Brighton. In the. afternoon they walked along the boach round the north end of lioiuti on to tho road and back to Brighton. On tho afternoon of November 27, Hargreaves again visited Brighton Cottage. About 7.30 p.m. :i woman unknown to witness left tho house, and while, site was away lights appeared in a front room, while another room which had been lighted all tho evening was thrown into darkness. Between 1f1.15 and 10.3Q p.m. a gable room was lighted up, and about 12 o'clock linrgrwivo camo out and boarded a tram for the city. Hargreavo visited Bondi again on thi3*'2Sth. leaving the callage at 9.2.) on tho following Sunday. Hargreavo again went to Bondi, and wont to the beach with Mrs. Craig. Witness took e snapshot of tho couple on the beach. ih< pictnro was produced in court.

"Addicted to Drink." The respondent, Zillah Aurora Crm'<\ staled in the witness-box that a few weeks after her marriage she discovered that her husband was addicted to drink.' They were living at Mount Eden (lieu. lie. used to coino homo and go to bed without' having any dinner. She did not know what was the matter at first; she had not been used to drunkenness, and she called in (ho doctor twice. Hy> did not tireseribr. but said Hint her luuband would be all light in the morning. He used lo drive iioma and take a very lons f imo to get (lie hor.'o out of the trap, mid then lie went lo bed. About one.e a fortnight tliiv sort of thing used to happen. .She 11' ed to arrange lo go along the road to mcel him, but when he was drunk ho did not see her, and when ho was homo ho used

to swear at her. When they moved to Selwyn Terrace about nine years ago, her husband had been moved to the .shipping department, and sho thought that was a great temptation to him. Shu had written to his brothers asking them to shift her husband from tho shipping department, and she had written to captains asking them not to place temptation in her husband's way. In Selwyn Terraco lio had punched her one night in tho hall, and had afterwards punched her in bed, and tho people .next door hoard her crying. One of his playful pastimes was to sit in an armchair sniohiiig. Ho. was really smoking matches, jiofc tobacco, and he used to throw (he lighted matches at her so that sometimes they would stick to her arms and clothing. Before sho first took a trip away from home she had seen her husband sitting in their dining-room with the maid on ■his lcnee. Thcs maid had said that ho used to pester her when he was drunk. Witness had told her husband sho would leave Jiim, and would go to her people. Ho had said he needed a trip, and would Ko with hsr, so they went together. Going on tho train from Sydney to Melbourne he was so drunk that he couldn't find their tickets, and she 'had to take ■fhem out of his pocket-book. She was also warned to watch him lest ho should fall from tho train. She first met Harfireaves at a boardinghousc in Sydney. He lvas ill and was being attended by a doc'tor, nud she look all interest in him. Afterwards, sho went to Newcastle, and when, she returned (o Sydney sho found that Hargreaves was again nway from the bank oil sick leave. Sho asked him to eomo to Auckland because he /did not have enough money to go anywhere else or to nay his board. Her husband knew that Hargreaves was coming to stay with them, and came to the boat (o meet him. 'Hargreaves stayed with, them for about four weeks, tine night her husband did Jiofc come homo to dinner, and she and Jfargreaves went out. to post a letter. "She's My Wife." Witness, continuing, said that they met her husband staggering down tho street. The letter was posted, and the three of them returned to the house. Craig push- ■ cd her'against the wall, and she went into . the dining-room and cried. Hargreaves j'dirionstrated, and Craig said: "Kh'/s my ,lvlfe." Hargreaves said:'"! cannot stay ,\)iihl see a woman ill-treated." KespowiJ'lit told Hargreaves she was frightened, jnnd asked him not'to go that night.- He Stayed, that night and left in the morning. Craig had never found Hargreaves Jii her bedroom, and she had never taken V enp of coffee to Hargreaves in bed in the .morning. Respondent said sho reYuembered her husband going to the Beach road house while she was writing tho letter than had been produced.. He did liot neei! to take the loiter from her—sho. Kave 'it to him.' She did not t wan't him to have it. of course, but she did not wish ■to upsets him before her. departure from the house. Thcro had been some talk of divorce proceedings, and she had agreed that it .would please her to bo separated from her husband. She had suggested that it might be effected through desertion. but lie had pointed out that they Yi'ould then have to wait'fivc years. J h?n her husband had hinted that they could bring v Hargreaves ,as .co-rcspondqiit., and to this she had replied: "Don't>you driro to bring trouble on Iha 'head <it that.boy because* he is innocent nod delicate.' Her husband then said: "What about that, fellow Kettle, of the Straits Settlement? - ' tiho replied: "There is no co-respondent in the en.-!'." He said: "I have one letter of his." "Respondent, then replied: .1 •have some more of his letters in Sydnev, J'H send (hem over to yon if you wish.' jlespondent described Hie disposition of the rooms of tho house in which she lived pt Bondi. Her sister and two children Were staving at the same, place, and her fi=ter and sometimes the children as well were alwnvs with her .. .whenever Hargreaves visited her. Sho and her sister shared ft double bedroom. She strenuously denied over having committed any impropriety.

■ ■ Respondent Cross-examined. Cross4xamined by 'Dr.- Bainford, respondent said sho supposed that Har-t-reaves felt tho sentiments Ik expressed in his letters. ■ When did he first tell you that he careu for you?— After \I went .over in April. Then when he stayed with you nt Bench Eoad you were just friends ?—Yes. At that timo I was under the impression lie cared for someone else. Continuing, respondent said that Hargreaves had told her he cared for someone, and she was under the impression that he referred to a nurse. Referring to a declaration in one of Hargreaves' earlier letters, respondent persisted that she did not know ho referred •to her at the time. She had since learned that lie must have meant her. ' When 'lie said, "Do you remember that night at 25?" he was referring to the boardingliousD where she first met him in Sydney. She did not know that lio loved her then. He told her ho cared for somebody. She did not know ho, cared for 'her., She would not have ' brought, him had she known he entertained theso ardent feelings towards her. Describing lier own feelings towards tho co-respondent, respondent. said that she felt very sorry for him. Ho was very delicate, and ho did not have much money. She called him "My Darling" because ho had been very good to her in many ways, bringing 'her letters from Mr. Craig from the post office, and posting her letters for her. His Honour: Couldfi't you get any persons in the boardinghouse to carry yonr letters without wanting to call , them •"Darling"? Further cross-examined by Dr. BamTord, the respondent said: When hs first sold me lie cared for me I told him not io be silly. Ho is years and yeaq Vounger than I am. She explained that jhe <11(1 not want Hargreaves to love her, .lint slio supposed she meant it when she .wrote that she would like to have liim to •'l>a able to lfari her head on his sliouUlfcr. . That was the first time slio bad ever confessed her love for him.

His Honour: What do you mean by ''wanting to recline your head on hie flioulder?"—Respondent:.l was very much •worried.i\-

liis Honour: Do you want to lean your 'hfad on a man's slioulder every time you nro worried?— Respondent; I have no one else's shoulder to lean on. I could not. lean on my husband's shoulder. Dr. Biimford: Did you nieau it when you wrote this: "I would like to kiss you to bits, and then kiss the bits back into Darling"?—Eespondent:"l do not deny that he ~ns kissed me. I deny cvery"thing else." Counsels' addresses will be. token N lobjorrow.