SUPREME COURT

Dominion, Volume 12, Issue 65, 11 December 1918, Page 9

SUPREME COURT

DIVORCE PROCEEDINGS CHIEF JUSTICE'S STRONG ■ .. REMARKS ;. A ■number'of divorce petitions came' before His Honour the Chief Justice (Sir Robert Stout) yesterday. Adultery, cruelty, and <lrunlccnuer-3 wea-e the'grounds of a petition ..for divorce by Susan Alay Smith from .George Edward Smith, . . Mr. 1 , . W, Jackson nppeared for tho petitioner, who stated Hint slio was marriedto respondent in June, J WE. They had lived at Foxton -and \Vellinstonsince, the marriage, of wMch there were two children.'. Before respondent's, lepartuire with the Expeditionary Force in iau he was more often drunk than, sober. On .his return he had not improved and 'continued his drinking-. habits. Petitioner- luid on occasions been ill-trealcd' by the respondent, and she. had had to seek protection, in her father's, home.. She left' "resp'ondent to comiiionce proceedings, and herself served him with tlie papers.' 'Compromising;letters fr.om a- Frenchwoman, ' who : signed herself Juliette, , were .handed to -her. After hearing further evidence His Honour granted •• a decree nisi, to be made absolute in thero months. In Ki-nnting the'decree His Honour remarked that at least ono-thra-d of the'divorce cases were due to drunkenness. The duiil grounds of drunkenness and cruelty were--alleged by Jessie' Aspen in a.petition for dissolution , of lut marriage., with Alexander Aspen. Mr. Jackson up'peared. for petitioner. ' ■ ' .. The parties were -married on Juno 22, 190 C, at Wellington,'and there were'three children of. the .marriage. ■-Petitioner stated that respondent had been an ■habitual-drinker ever since marnlige." She-had had to.leave him, and on four occasions had obtained' separation ord-' ers, the final order, being- inudeou liny 27.-19JS. Respondent -nm. iu. arrears maintenance moneys, and-petitioner had ■had to keep herself-and'children for the past eighteen months.. Constable Lake/, wiitchhousekeeper at Central Station; snid that he lived a few doors from the parties, and on several Sponsions he lmd hnd to interfere in their honse. On one occasion he'found respondent, who wus mad with .drink, threalvning his wife with a knife. Tho husband had also smashed a'. war<lrobe with (in- axe. Witness had several times ■ arrested respondent for drunkenness, and also :for molesting hiswifc after a separation" order hud-'been made. On one .octasion respondent attempted suicide.

A decree'nisiVas'granted, to be moved absolute' in three months. ■'His llouoiM , referred to the fact that drink wits the cause of the proceedings ■iii this case nlso. ' He could not understand why the Haii'bour Board employed it man. , who .drank. There could be no efficiency with such a condition pi' alfairs. When a man worked for two or three, days and then spent his earnings en. drink he could not possibly be efficient. In spite of .what. 6il]y people said to the contrary, drink did.impair, efficiency. He could ■ not .understand why euch men should, bo employed. In the petition ..lodged by Charles J,ewis Gregory against'., his wife, Ethel. Gregory, desertion was. alleged. Miv.P. ■ W". Jackson uppeare<r.fof -petitioner, who stated in bis. evidence that the parties wore married at Bruntwood, near Cambridge, on October 3, 1807, and they lived together at Bruntwood, Hamilton, Wliangnrei, anil .TotfJini.' In r . October, 101!), while living at Toiy.hai, his wife deserted him. She went into AVhangnrci and. stated that she -would a-etua-n in tho afternoon. ■ She did; not return; but. threo.. days- later he received-from Auckland a .letter- in which respondent said she was going to Wellington," and would return to petitioner if he agreed to leave Towhni.. Petitioner promised go Jo Auckland." He heard from his wife again in September,- wJien she wrote from Potone. Later still she Asked for 'money. Petitioner wroto to , the effect , that he would pay'her train ■ iind steamer, fares if .slie.veturne'd'to hfm.. Thero was. no iijply, to" .that lettev.. Tlo lator. heard .thnt his wife had l«en in Auckland. Since then lie. hud ..not., heard, of her.'. • ■ . A decree,nisi was granted, to bo m,\ile absolute, in three months. ■ .-

• Before. .(Mr.. Justice flosking further . mention was made of the caa.e of Kmma M'Gill.'Y. Daniel M'Gilli which was. beforo tho■• .Court on Friday vldsl,."■•• The (•round'of the. wife's petition was "liabitiiiil drunkenness. ■ His''Honour Slid ho had mentioned the, mutter to the oilier ■Judges, who -agreed with him that"'the evidence Was iiisufficieiih Ho cOiik] not undfti-stnnd - how mP habitual dniiikard cbftld remain steadily at work for"'ls years'.'"Respondent received a wage of .'■SraVeek" and gave his '-tvifc'-,C3-_l'fls. Thnt 'did'not leave him very much for drink. If ho worked orertimewoiilil lie ibe iible 'to .'spend niiich time drin'kiiiq? Thero were/.several. points '-calling for explanation.'. Scores; of peopled must be able'o .c'q'ine' forward, and give evjdence. Tiis iijoiibur adjoiMhed th.c. case' , - wnti.l. Tuesfdayj: . : ';'; "' :." .''...:". -. ■ - - In the case of.Jane M'Pheo'Y.,Nor.man .M'Phee, a .petition fomuled on .nlUfged. llrurikeriness and' cruelty! . His •Honour held .that 'the. petition" iinwl- he amended. ...Thq'.'dewee -woii-ld Jje.-granted subject to a. sn'ti.cfactory amemimont- of the petition.' The" case could be mentioned again- on Tuesday morning. The partially-heard, petition lodsred by .Catherine Gnin .agairist I.eonard.'Cuthbert :Cn.iii; conf.ecti&ner.-.foi-merly.'.of. 'Wellington/ arid now' of Sydney, was. disposed d. ■Mr: - 0.. C.' .Arazeiitrnrb appeared., for. the .-petitioner,- ■ who ..alleged .ljiiscondiict. and desertion.'. Eurtlipr" roiii-bliorafivo.,: eyi(jpnce.wns heard/and' His Honour '(rrant-ed'.a.'.d(;cre&-msi, with costs '(JSQJ/against i.'respondent.. ..- .-.-, .■■■.- :■■ ' " \:i;;AffiRLp:gW SE P NS> ' :'.!'By.Teiegrap"h—Pre'ea '.Association.' . . '..-...'■. .. Auckland, Dec-ember 10. .■The :crim'inai.-sessions were continued-to-day. -■';.-.-': ■ .-. -•■'.■••■.. . , ■.. AVilliam E'...Hnrt, -aged,'.ls years and 10 months, was. acquitted-ot'..n cJiarge ot manslaughter of a:, boy .aged-Id, at Ota--hulm,- .X'he -evidence .was"' to, the effect that," meeting the" deceased with, others, Hurt pointed -a shot.-gun at-Juni,. tJje charge exploding. 1 .The plea; was that .-the occurrence- was accidental- -. ' ' •'■■• Charges-- in connection "with' the recent burglaries tn: tlife- city were .preferred against Patrick -Guiin.- The only evidence was" that' of Charles M'Conuaek, who had previously nieade'd guilly:. There being liO'cbrroboration', tlie jury returned a. verdict of : n_ot guilty of the theft charge and damaging'-a"safe, but'the ac-cused"-pleaded-guilty to receiving, and was remanded.