A STRANGE STORY.

Dominion, Volume 6, Issue 1764, 31 May 1913, Page 5

A STRANGE STORY.

DIVORCE BY COLLUSION.

PETITION THROWN OUT. tßy Telegraph.—Preflg Association.) Auckland, 'May 30. "Nothing in tho annals of the Court could be more extraordinary," was tho remarlc made by Mr. Justice Edwards at the Supremo Court to-day, when delivering his judgment in the divorce suit in w inch hobert Henderson petitioned for a uecreo nisi against his wile, Emilio Jeame Henderson, on the grounds of misconduct, .Lhoinas George Drenzy being cited as co-respondent. The case, was heard at the November sittings of tho Lourt, and bis Honour said he would take time to consider his decision. In the course ot his judgment, his Honour made some very scathing criticism regarding JJio conduct of tho parlies concerned in ; tho case. Alter remarking on tho fact i that the jury had found thai; petitioner | and respondent had been guilty of collui siou and connivance, he read a remark- | able letter written by.tho petitioner to | respondent, which had been put in as j cvulenco during tho hearing of tho case, in the epistle the writer complained that he was financially embarrassed. "I want r °- 1 need a suit, I havo to pay T' aml -^ :i . ." The letter continued: "And how am I going to get money for our divorce? You must help me in every possiblo way to get some money. If you seo 'T.G.' (referring to the co-respondent) tell him I know ot ills feelings towards you. If ho promises to make it worth while tell him I will make it possiblo for him to help | J'° u - " T.G.' were to come over and stop tho night with us, or get a house or suitable apartments, I, of course, will not be supposed to havo seen you." Tho writer urged that everything'should bo kept quiet in view of the divorce case proceedings. This was a disgraceful endcavojir on the part of the petitioner to sell Ins own wife for his own end, to make his own wife an agent for entering into a disgraceful bargain," commented the Judge. "Among the extraordinary incidents was that tho respondent pretended that ? . h ft d been confined. Slio borrowed, begged, stole, or bought someono elso's baby, which she passed off sometimes as her own, and sometimes as the co-respon-dent's. Ultimately tho petitioner endeavoured to obtain a sum of .£3O from tho co-respondent as expenses he had .been ipnt to in ushering the child into tho world. Somo time later he accompanied his wife to Princes Street, and waited outside tho otfico of tho co-respondent for threequarters of an hotir , while tho woman was in thero, ostensibly collecting .£3O, and yet the- petitioner asked mo to believe that he did not know thrit by his action he was conniving at .niisoonduct between the parties. Jlau is frail, aiul woman, unfortunately, is frail too, and I am opposed to keeping persons together when it is better that they sliould part. There are cases in which tho parties have been divorced after misconduct on the part of either husband or wife, and have thereafter lived reputable lives, and have been parents of respectable children. This is not such a case. In the present instance, however, a man such as the petitioner, is absolutely unfitted to be'the husband of any woman. Tho woman undoubtedly was guilty of misconduct during tho earlier married life of tho parlies, but the man's later conduct was as disgraceful as it could be. Am I bound, because the woman, went wrong, to grant tho relief of this Court to a man who has licensed his wifo to compromise herself with the co-respondent, in order to profit by it? A man who, has mado his wife agent in this disgraceful transaction ? I think, not. A petition®who claims this Court's jurisdiction must havo clean hands. I, say, without hesitation, such an abuse will not bo tolerated in a Court where I preside until a higher t.rjbuue has held that it must be tolerated."

i n dismissing-the petition without costs, his Honour added that lie not allow the co-respondent costs, as his conduct, although not- -?o disgusting as the petitioner's, railed for ike strongest condemnation. Neither would respondent be allowed costs.