SUPREME COURT

Dominion, Volume 9, Issue 2783, 30 May 1916, Page 9

SUPREME COURT

UNDEFENDED DIVORCE CASES His Honour Mr. Justice Ilosking dealt with, a long list of divorce cases in tho Supremo Court yesterday, not one of wliich was defended. Bertha Mary llandall petitioned for tho dissolution, of her marriago with Harry Clarke Randall.- Mr. J. M. Dalo appeared for petitioner. The petitioner said eho was married to respondent in 1906. Slio last saw her husband ciglit yoars ago, and had never heard of him since. There was ono child—a boy. Sho lived with her husband for about two years in Wellington and in Gisbome. ilo was always cruel to her. She inquired, but the police could not find him. His Honour p-anted a decree nisi, to bo made absolute in four months, the petitioner to have custody of the child. Mary Ann Walsh, for whom Mr. Wilford appeared, petitioned for a dissolution of her marriage with Thomas Walsh, on tho ground of desertion. Tho petitioner stated that sho was married 011 April 29, 1908, and after two years her husband loft her. They lived at Hastings. Her husband left her without any reason whatevor. She had heard that he had gono north to Taumarunui. She had advertised for him, but had had no response. His Honour granted a decree nisi, to be mado absolute in three months, petitioner to have custody of tho child. _ Misconduct was tho ground of the petition of Edith Susan Bergersen for dissolution. of her marriage with Alexander Martin Bergersen. Mr. Wilford appeared for the petitioner, who stated that sho vras married 011 December 15, 1891, and lived with her husband at Palmerston North and at Wellington. There wero no children. In 1903 she charged her husband with misconduct,. and left him. Her husband took up with another-woman in 1904, and had lived with her openly, both at' Wellington and at I'almerston North, whero they wero now living as man and wife. Sho would have applied for a divorce earlier, but did not nave the money to do so. His Honour said the evidence was not very direct, but the letter of respondent was conclusive. He granted a decrcs nisi, to be operativo in threo months. Elizabeth Jane Adams sought dissolution of her marriage with James Stafford Adams on the grounds of desertion ami misconduct. Mr. Blair appeared for the petitioner, and stated that Mrs. Adams waa in receipt of .£1 per week alimony, which would be converted inlo a payment of. .£2OO should this petition succeed, but such arrangement was not made in condonation. The petitioner said she was married in November, 18'.!8. Her husband had to do with racohorses. II h deserted lier in 1911. Sho brought liim back from Sydney and obtained a maintenance order .of . JEI per week,, which helped her to keep herself and child. Her husband had lived with various women and made no secret of it. Samuel Frecth, principal of an inquiry agency in Wellington, gave corroborative evidence. A decree l nisi was granted, to be. made absolute in three months.

Frederick Tucker applied, for a dissolution of his marriage with Daisy May Tucker on the ground of desertion. Mr. Blair appeared for the petitioner, in place of Mr. W. Perry, -who had gone on active service. The petitioner stated that Kb was married in March, 1903, and lived in Wellington. His wife left him frequently for one and two months at a time, and finally left him and wont to Auckland in July, 1998. Subsequently lie joined her there, taking the child with him at -her request, and took work at Onehunga. At the end of July she went av.-ay to Sydney, leaving tho child in the care of servants at a hotel, and that was tho last he had heard of her. His Honour granted a decree nisi, to be mado absolute in threo months, petitioner to have l interim custody of tho child. : Misconduct ' with Alfred -.Woodward, who was joined as co-respondent, was the ground upon which John Henry Thompson sought dissolution of his marriage with Minuio Thompson. .Mr. A. 11. Hindmaroh appeared for petitioner, who stated he was married in March, 1909, and thero were four children. In Ileccinber, 1915, his wife left him, and lived for some time with Alfred Woodward, the co-respoudont. His wife admitted misconduct with co-respondent, and also mado co-rospondent admit it in the prudence of petitioner. Mr. Hindmarsii linnded to His. Honour a confession dulv signed and witnessed by the parties mil acknowledged before a . .T.P. His Honour adjourned tho case till Friday to have the sworn testimony of the T.P., Mr. W. Ilildreth, who witnessed the signature to tho confession. •

William Hill Philip applied for a dissolution of' his marriago with Mary Adeline May. Philip, on the ground of misconduct with some person unknown to Liin. Mr. Wilford appeared for petitioner, who said lie was married in July, 1910. Petitioner in evidence said he was a schoolmaster living at Taitn. On returning from his holidays ill January he, acting on tho information of neighbours,, accused his wife of allowing .a soldier or soldiers to stay in the house wlulo ho was absent, and his wife snb. sequently admitted misconduot with a soldier whose name petitioner did ' not know. His wife wrote a confession and agreed to leave him. Sho was living now in Sydney. He had allowed her alimony till .Tune 30 next. His Honour granted a decree nisi to be mado absolute in four months'.

Rebecca Capper, for whom Mr. Neilson appeared, pleaded desertion as the reason for her petition for a dissolution of her marriage witli Alfred Capper. The parties were married in 1908, and froin the outset the respondent, who was a half-caste, failed to support, his wife. So she left him in 1910, and went to live with her mother. She had one child. She sued her husband for iuaintena.nco in 1911; he had siiico left the Dominion, and was now in Queensland. A decree : nisi' was granted, to be made absolute in four mouths, the child to be petitioner's.

Mr. Wilford appeared for Martha Tinsworth, who sought dissolution of her marriage with Henry Unsworth, on the ground of misconduct. The petitioner paid she was married to respondent in 1503, and had eight children, six of whom were living. After hearing the evidence, publication of which was 1 prohibited, His Honour granted a decree nisi with costs against the respondent.

Anicotts Cracvoft Wilson applied for a dissolution of his ninrriase with Beryl Russell Wilson. Mr. Wilford for peti tioner. The petitioner said,his wife 'had left him, and since then ho had joined tho Expeditionary Forces. There was one child. His wife had been an actress, and could earn her living on th'e stage. He refused to maintain his Wife, but took the child in 1911, and sent it to a .boarding-school. After hearing further evidence, His Honour granted a decree nisi to be made absolute in three months.

Alice Thomas, for whom Mr. AVilford pleaded for the dissolution of liar marriage with • Richard Thomas, on the grounds of . cruelty ami desertion. The petitioner stated that shu was married in 18SS in Tasmania, and there were six children, all grown up. Iler luisSand left her seven years ago, and is. now on the West Coast of the South Island. Her married life had been unhappy. . Many a time her husband had threatened her life, and when in liquor was particularly abusive and cruel. His Honour said there were acts of cruelty and some bad language, but the law says "four years' habitual drunkenness and four years' cruelty," and this ca°e. does not finite establish that. Ho would I'ke in hear, the points argued and then he would consult with other judges before giving his decision. Ho ordered the cjiso to stand over till Friday, in Chambers. '

.Desertion was tho reason for Mui 'ljiplicntion of Maud .Tonkins for a dissolution of her marriage. with Melvillo Augustus Francis .Tonkins. The parties lived in Wellington after "their marriage. There were two children. Her husband left her in 1900. and had never lived with her since. She obtained a maintenance order against-hi win 1906. but nothing had been paid since 1807. Corroborative evidence «riis given by II r. Hutton, a clerk in tl'Macistrate's Court, and Cbas. Randall, brother to the nelitioner. A decree nisi was Granted with .£ls costs against re spnndent. Ifir. P. O'Tfegan appeared for . .Tnbr Mncdonald, who sought dissolution of hi:

marriage with Sarah Ann Macdonald on the ground of misconduct. Tho petitioner, Mho was maried in 1889 in New South Wales, stated that seven years ago ho and his wife parted by mutual consent. Ho maintained her and tho children until a. little moro than a year ago. Ho then 'j e ard eho was living with another man. A. decree nisi was granted to be mado absolute 111 three months, with ,£ls costs and disbursements against co-respondent. Frances Blanche Beatrice Ball applied for dissolution of her marriage with Win. tfeo. Ball on tho ground of misconduct. Mr. Putnam appeared for petitioner, who said she was married in June, 1902, and lived with her husband for 10 years. Petitioner narrated tho circumstances under which she knew her husband had misconducted himself with another woman. His Honour granted a decree nisi to bo mado absolute in three months, with costs .£ls against respondent. Mian Eleanor Glow, for whom Mr. vvuford appeared, sought dissolution of her marriage with Thomas Augustino Wow on tho ground of desertion. Petitioner stated she was married in London jn 19Q5. After coming to Now Zealand her husband left her because she did not want to tako up house again, so slio lived with his mother and he allowed her ss. per week. In 1913 she discovered that he had been living with another woman. U ant of means delayed her bringing this gction. His Honour granted a decree nisi to be made absolute in threo months, with and disbursements against respondent.

Mr. Wilford appeared for Mereweathei Osmond Meadows, whoso application for dissolution of his marriage with Mary Trotter Stratton Meadows was based on misconduct. _ Petitioner said he married respondent in 1910, and there was one child. His wife was playing the pinno at -picture shows in various parts of Now Zealand. From Taihape he joined tho l'orces and went to Samoa. She was play. it J? " artcn and wote to him not to call there, saying she would not live with htm any more and admitted misoonduct. His Honour granted a decree nisi to ba absolute in threo months.