IN DIVORCE

Dominion, Volume 11, Issue 50, 22 November 1917, Page 9

IN DIVORCE

PETITION AND COUNTER-PETITION

CLAIM FOR £500 DAMAGES

The Chief Justice (Sir Robert Stout) ind a jury of twelve yesterday comnouced the hearing of a petition and i counter-petition in divorce. Sarah Ann Wylie sought a. judicial reparation from her husband, John Wylie, 011 the ground of cruelty. The respondent counter-petitioned for a. dissolution of the marriage, alleging that lis wife had. been guilty of misconduct, nig herself with one 'Archibald Auld I'Yrgiisou. lie claimed from Ferguson the sum of £500 damages. Mr. P. W. Jackson appeared for Mrs. "Wylio, Mr. H. F.' O'Leaiiy for Ferguson, and Mr. T. Neave for Wylie. Mrs. Wylie gave evidence that she was married on November 6, IS9/. She and her husband lived first at Wellington and tlien at Otaki. At (Haiti in 15)10 the husband, who was a. telegraph linesman, was very much addicted to liquor, and when he was under the influence of drink lie continually used vile and filthy languago to her and threatened to kill her. A\ltnoss had contemplated taking the present proceedings against her husband years ago, but friends persuaded her not to. "Would to God 1 I had," said witness; "I would have saved aii innocent man to-day.'' Wylio had told her repeatedly to go on tlio streets and earn her own living, hub lie had never accused her of t'.KSconduct. On April 5 she left her husband and went to Christ church. He said tliat lie preferred to witness a certain prostitute ivith a long string of convictions against her, and lie called witness n coward because she would not stand still while lie thumped her. On her return from Christehureli witness lived at Lyall Bay. On July 23 the respondent visited her and asked her to withdraw the separation proceedings and oome back to hira. He said he would make it very hot for her if she refused. Later on, he repeated hia request. In November, 1916, witness knew tliat tlio respondent'was suffering from a loathsome disease. He told her that it was erysipelas. When the respondent married witnoss he was worth the sum of £30, and lie was then 33 years of age. Witness considered that lie must now possess about £1000, which she had enabl()d him to save. Witness positively denied the allegation that she had misconducted herself with Ferguson. She had first met Ferguson through her husband's inviting him to the house at Otaki. Ferguson used to visit witness and rho respondent along with a lady friend. Until the respondent went to visit witness at Lyall Bay lie never accused her of any wrongdoing. Witness was manied at 2'J years of ago, and she was now 39. To Mr. Neave: The respondent did not ill-treat witness when there was anyono about. The only one of her live children wlio knew much about the respondent's cruelty was the little boy, who was always with her in the house. There were only two occasions on which the respondent actually struck witness, though ho_ continually threatened lior and used vile language to her. William Thompsitt, a resident of Otaki, said that ho had been a frequent visitor at the AVylie's house. Mrs. Wylie had complained to his wife that she was very unhappy, and was going away. _ ' To Mr. Neave: Witness would be surprised to learn that Wylio was said to bo drunk every night of his life. Witnoss had always found him a sober, decent man. Constable Satherly, of Otaki, said that he remembered Mrs. Wylie calling to see him late one night and complaining that she liad been locked out. Ho accompanied her to her home, and found the place locked up. Wylie, who had. had a drink or two, was in bed. Ho said that Mrs. Wylio had locked him out, and that he had broken the back window to get in. To Mr. Neave: Witness had always found Wylie a quiet, inoffensive man._ Alexandra Robertson, of Levin, said that at times Wylie had been indifferent and surly in his manner towards his wife. Mrs. Wylie had complained that he was in the habit of drinkina. Witness had seen him drunk ohoe —at an election meeting. • John. Wylio, aged nine, gave evidenco that on one occasion his father threw a fire-shovel at his mother. At another time ho broke the door with a crow-bar and threatened to hit on the head anybody that became across. That was Mrs. Wylie's ease. Mr. Neavo submitted that nono of the evidence, except that of Mrs. Wylie, supported the charge of cruelty.. Mrs. Wylie had said that was only when in .liquor that Wylio ill-treated her, and Wylie would make complete donial of having ever heen guilty of any cruelty towards her. Three eons would give evidence in support of Wylio's statement.

Wylio gave evidence that. lie never struck his wife at any time. He said that she threw a pan of milk at him one day. Ho dedijfd*. and his son, who was at hand, received the contents of the pan. On the night on which Mrs. Wylio camo homo with Constablo Sntheriy ho did lock her out, because she had first locked him out. He thought it might cool her tomper a little. Witness was only a moderate drinker. At Otaki he went out for ■ a drink about two nights in the week, and ho disposed of only two or three glasses in the course of an evening.. He did not think anybody could rightly accuse him of having ever used vilo language. Olio day, after refusing to go somewhere with witness, Mrs. Wylio wont there with Ferguson and some other peipic. Ferguson was always Mrs. • Wylio's visitor, and not witness's. The disease I mentioned by Mrs. Wylio as having appeared on witness was merely erysipelas, and there was no foundation whatever for a wicked suggestion cf Mrs.' Wylie as to the nature of tho disease. Mr. Jackson : You allego that on September 22, 1913, your wife committed adultery with Fercuson. Will you swoar alio did on that date ?—■ AVylie: "I can't swear that slio did.' Witness said that ho had expressed disapproval of Ferguson's visits to his home some years ago. Mr. O'Leary: Havo you any eyidenco whatever indicating that your wife was Eiiilty of committinc adultery with Ferguson on September 22, 3.915 ? — W.vlie: "I havo goneral ovidence,". In answer to further questions, Wylio said that he did not know anything himself, but had got statements from witnesses. Mr. o'Loary: You have no cvidenco, have you?—"No direct evidence.' Why, then, do you make those allegations —"On th? statements of witnesses." Yon further allogo that tho adultery continued at Otaki up to December 31, 1915?—" Yes." And you havo told us from vour own note-book that the man left Otalri in May, 1915, and has not been back since to live. "Not to live permanently, out he has been thoro on visits." And you further saw that vou did Hot know of his visiting Otaki from Mav to December, I ask you, do you realise what you havo alleged in this petition, Mr. Wylio?'—"Yes, I realise ' it" , I suggest to vou that it was this clauso that affected you: "Wherefore the respondent prays that the said , Archibald Auld Ferguson bo ordered to pay the sum of £500 as damages." Porliaps you had been reading of 'ho ease in which a man claimed £500 daniaKos, . and tho jurv Bi-ve hinj £W0()? ■ You say that, your wiTo committed adultery ■ on January 20, 1916. In answer to 1 Mr. Jackson you say you liavo no evi-

denco of ail adultery oil January 20. Have you any?—"No direct evidence." Have you any evidonce at all that Ferguson wa6 in Wellington, lauoh less at Lyall Bay. on January 20, JiUG?— "Well, I think I have. 1 I think one of my boys will remember/' Mr. O'Leary: We will show that he was in Christchurch on January, 20, 1916. . , Timothy O'Rourke, Clerk of the Court at Otaki, said that he had known Wylio for about twelve years, and had never seen him drunk. Wylio was mild and courteous in his mannor. Witness had never heard anything against him in Otalci—and OtaJii was a great olaro for go'seip. Archibald Smith, motor bus nropriotor, of Otaki, gavo evidence as to W.ylie's character. Malcolm Wylie, tie thirteen-year-old son of the parties, said: "Mum used to say that dad was always drunk, and lie was hardly ever drunk. Ho was drunk one race night, a good while ago." The lad gavo further evidence as to Ferguson's visits to his home. The hearing was not concluded yesterday. ■