DIVORCE COURT

Dominion, Volume 12, Issue 215, 5 June 1919, Page 7

DIVORCE COURT

BROOKS V. BROOKS

HEAVY DAMAGES CLAIMED ' His Honour the Chief Justice (Sir Robert Stout) and a jury of. twelve heard, yesterday the divorce suit of- Albert Ernest t Orlando Wellington Brooks,, of Te Oro Ore, Masterton, builder, • against Cecilia Mary Myrtle Brooks,- on .the grounds of misconduct with Donald M'Kenzie, Hill End, Bideford, Musterton, sheep-farmer. Sir John Findlay, K.C., with him Mr. L. 'L'E. Edwards, appeared for the petitioner, Mr,E. P. Hay for the respondent, and Mr. A. Gray; K.C;, with him-Mr. 0. Praguell, of Masterton, hv tho corespondent. ■' .-■... Mr. Thomas Walter Stace was foreman of tie jury.-. ; . c , The parties were married on heptem. ber 26; 1901, at the Catholic -_ Church, Stratford,'and subsequently, lived.in Stratford,',- AVellington, -Loiviir. . Butt, Manganfahoe, Bideford, Masterton Ongarue,"'Auckland, and again at Masterton. Tho' potitioner, in his statement, Said there were four children of the marriage. In October, 1915, and on other dafes between that date- and .December 1 - WIS,' the respondent mistojiuticted herself with Donald M'Kenzie,. of Hill End,-Bideford, nt Waingawnnear Masterton, at -his farm at le -Pro Ore at the 'house of the petitioner at le Ore Ore and at Mount Bruce and elsewhere. The-petitioner, claimed ..HOOO dbinages from the ,co-respondent. .'. The respondent in her statement in reply to the petitioner said that in addition to the four children named by tho --petitioner there-were two children _who were born to her during Hie marriage, "and in ordor that tho said children (Eileen Edna Jean Brooks, born October l-191fi,'and Colin Brooks, born January 31), -1919) may share in any advantago which may-accrue to thoxhildren ot tho marriage as -the result of theso procecd,ings she is desirous that the imtormty■ oC ; the said two children should be' dotevmined.and therefore denies, that there were only-'four' children. ■ She admitted the-allegation of misconduct.. ' i The co-respondont denied that he nad over i mistonducted. himself with Mrs. Brooks. . - ... Sir John Findlay, m opening, referred to tho marriage ot the parties, the occupation of the petitioner, and the grounds of the potitioner, and the claim tor damage's. So'faras the.misconduct was concerned, counsel stated that the respondent had admitted that, bubher admission did not bind the co-respondent. M'Kenzie was a sheep former; and iJ. would be shown that this was a dreadful .■ease of a wealthy .man wrecking.-an-other'man's homo.. : The, question or the wealth -or otherwise, of .tho corespondent was relevant only where the ■ question of damages was concerned if fthat wealth had been \iscd to debauch the wifo of an industrious man. For fourteen years the petitioner had had no ' reason to complain about his wifo, and not a word of suspicion had been heard against her.. ' In IM3 Brooks and his wife and family went-from,the .Wairarapa to Auckland, and in -Mil Mr. and Mrs. M'Kenzie came on a visit to them; .Mrs. Brooks and Mrs. M'Kenzio .were friendly. Mrs. M'Kenzie died from the influenza in Novembor last. Counsel then referred-to tho confession of Mrs. Brooks which she wrote out prior to the birth of tho last child in December last year. The petitioner on coming hOui« one day found his wife weeping in her bedroom. Sho said she would nover get oyer hor trouble; the doctor had told her Bhe was suffering from blood-poisoning. She told her. husband that "in- case Bhe 'died he would find a letter behind the washstand. This letter was secured, and it was-a confession of her impropriety with M'Kenzie. Thu confession indicated • that familiarity .'between the parties began in Auckland in 1915, and was continued in the following year when' the petitioner and his wife returned to-the Wairarapa. Details contained in the confession were admissions of misconduct, at..several places. In October last petitioner- was working at .Eiddefprd's, and-iWhen he.came home, ho found his wife staying • at; Mastorton. M'Kenzie had seen-his wife and-boys'to the I'alniorston show, aim it .was discovered that M'Kenzio and Mrs. Brooks had spent threo nights togother. A child was born in October, ISI6, and M'Kenzie himself claimed the paternity of this child. Ho treated this child as ■his own,' and did tho saino' with tho child born in January last;' '• -

Albert Edward Brooks, the petitioner, in his evidence, said ho had been living with his wife'-at Tp Oro Ore. The house of the co-respondent was about six and a half miles from the house of the witness. His wife had six children; .one liad died, and of the remaining five two of thorn, she had admitted to him, were Dot his.. He was a builder, and wiien not engaged in contracting, in the shearing season he ran a shearing plant. Witness gave evidence corroborating counsel's opening statement. In cross-examination witness said there had been no mention made of ,£IOOO, beine; obtained from Al'lCenzie. Ho had not himself seen any impropriety between M r Kenzie and his wile.

; Jlr. Hay desired to know his position —whether he ' had the right of crossexamination. He was concerned only as to the paternity of the two children. His Honour!' The children having been born in marriage could not be declared illegitimate.

Sir John Findlay: I have gone through tho law very carefully and I have come to the same conclusion, but the question of paternity would affect the amount of dainnges. To Mr. Hay: Witness said that M'Kmzie was present nt the christening of the child Jean. Nellie Cameron, wife of - Cameron, labourer, Dannovirke, said she first knew the -M'Kcnzies in February, 1916. Sho worked for them at Hill End and stayed with them for about- ■ nine months. She went back to the M'Kenzies m June 1917, and stayed about six weoks, and then stayed with Mrs. Brooks for a fortnight.' This was at the end of -;uly, 1917. Brooks came home for the weekend. M'Kenzie came to the house several time.i in his motor-car and took Mrs. Brooks out for drive's. Mary M'Quinn, spinster, said she lived with Mrs. Brooks for some time, and whilo there Mrs. Brooks was absent from him for a little while. M'Kenzie came to the house two or three times while Mr. Brooks was absent from home: Oil a Wednesday, in September Inst, when M'Kenzie was nt the house, she heard Mrs. Brooks iiak him what he was going to do for the children—that is Jean nnd the child that was expected. Mrs. Brooks said she would place uiein in the Convent. M'Kenzio fold her to wait imtil'she was over her trouble and tliOT would'talk about it. He >«ul he knew Jean was hjs, also the child that was expected/Witness knew that M Kenzio staved-lit the'house hue night. , To Air. Gray: Mrs. Brooks told ner to go and see the lawyer about M'Keny.io's promise about the children. She did see the lawyer. ' ■ John Carter, law cleric, Masterton, said he knew the locality of the house occupied ]>v-Brooks. -He saw M honzie nt the back of the house one morning between 6' and 7 o'clock. He was without coat or hat. He was walking abuit tho paddock. He knew k.o-tor-cnr and had often seen it at Broikss house when Brooks was away from, home. Myrtle Cockroft, Masterton, said she was housekeeper to Mrs. Brooks, and went .there nt the end of August or early in September last year. She stayed about three weeks.' She j heard Mrs. Brooks ring up on ,tho telephone someone she called "Mac." and later Mrs. Brook's toldher that M'Kenzie was coming over. About an hour later M'Kenzie came over, and ho and Mrs. Brooks went into the front bedroom, where they remained tor half an hour or ■ three-quarters ot an hour Mrs. Brooks then come into the kitchen with glasses in he'r hand, and paid to witness they were going to have a drink. When M'Kenzie going away he said to Mrs. Brooks that he wouid see that everything was right. Witness heard Mrs. Brooks uso the telephone ' frequently, and call up Mac. M'Kenzie seemed to be very fond of Jean,/and to make a great fuss over the child.- ~, , -,- -To Mr. Gray: She was told by Mr. BrooKs that he was going to take divorce proceedings. Witness was at Mrs. Brooks's house during the fortnight stie was in the' maternity homo, and for two week's after sho -returned home. Mrs. Brooks asked the.witness to go and so» the lawyer, which she did. To Mr. Hav: She did not mention to Mrs. Brooks "that she would give evidence. Witness did not want to come into Court. The suggestion of giving evi'denco came from Mrs. Brooks, Kawa.no, Witiuifara, a Maori, residing at Te Ore Ore, near tho Brooks's house, said he had seen M'Kenzie at Brooks's place on many occasions, when Brooks was a-way from home. On some of these occasions' Brooks's children were sent over to play with his children. Arapata'Hiiuona, a Maori farmer residing at Te Ore Oro, said he lived not far Gifay. from Brooks's house. He saw M'Kenzio at the house of tho respondent very frequently, and on these "sits Mr. JJrook's was away from home. , ; Kohai Witiaitiu, a Maori woman reading at Te Ore Ore, also gave evidence as to seeing M'Kenzio at Brooks's house when Brooks was away from home. Sho wentto Brooks's house .'t 8 o clock one memiing for some milk, and there she saw M'Kenzio -sitting in the kitchen. Mr. Brooks wns not at the house that day. . . , ' ~ Hetty Governor, a married woman residing at To Ore Ore, said that she had seen M'Kenzie go to Brooks's house offer dark frequently. She had also seen him go there during the day. Brooks was not at homo when these visits were. paid.. When M'Kenzio was. at .'.'the house' the' Brooks children often came over (o her house to play. They said'they were sent To Mr. Gray: She had seen Mrs. M'Kenzio accompany Mr. M'Kenzio on some of the visits to the Brooks's. Tho children wore asked on one occasion why they came- over, and they said they wore sent over because M'Kenzie was in the house. Herbert Brooks, eldest son of the petitioner, sni,d M'Kenzie visited tho house mostly when his father was away from home! When M'Kenzie came to the house in the daytime the children were sent out sometimos to do odd jobs about the place, and sometimes to ploy. Jean was not always sent out to play. He had known M'Kenzie to stay at tho houjo all night when his father was away from' home. At this stage tho furthor hearing_ was adjourned until 10 o'clock this morning.