MARRIED MAN’S CLAIM

Dominion, Volume 20, Issue 42, 13 November 1926, Page 10

MARRIED MAN’S CLAIM

ARISING OUT OF WIFE’S CONDUCT. By Teleußaph.—Press Association

Napier, November 12. In the Supreme Court, Mr. Justice Ostler and a. jury of twelve were-called on to decide a. elaini of £2OOO by Walter Austin Orbell, : a farmer, agfimst Henry A. Mosmian, financial agent, of Hastings. . .The grounds for the claim, were ■alleged adultery between Mossman and Orbell’s wife. Orbell lived some miles inland on- a farm purchased Jiy petitioner from co-respbndent, the latter re--turning the larger, portion of a big estate. Mos-maii visited his. farm, monthly; and allegedly called at petitioner’s, honse in his absence. During these visits, it is alleged intimacy occurred. In. evidence petitioner said that his wife frequently received presents from co-respondent. This made him suspi ciqus. He remained homo for the next monthly visit, when , lie threatened to horsewhip the visitor if he did not tell the truth.' The whipping had already started when the co-respondent allegedly admitted ki-sing the respondent, whom, he had visited when sick in bed. He had kissed her in the presence of a neighbour, who was acting as nurse. Tan Gordon Stowe, a shepherd on plaintiffs farm, supported Orbell s evidence ‘ in ’ some details,: and . also gave evidence as to-having known Mossnian to lie aloiie in the home with. Mrs. Orbell for an hour at a time. < , ■ ; ’■ Mrs; Orbell. was called for plaintiff. Following ~ 'argument •on a lego point. His Honour warned witness that she need not answer any questions tending to show she had committed adultery with Alcesman, but that if she preferred to answer them she might do so. Mrs. Orbell, under examination by Mr. Lusk,- admitted that there had been intimacy' on . several occasions between herself and Mossman, -who .visited the ’• ii'tise frequently, when,, her husbapd k ns. absent,. . Impropriety,? ffirst occurred -in. ■Jtine,'l92s, and oh other occasions up till November. Witness said Mossnian .'had given lier presents of china wale, underclothing, and ordinary clothes. Aft?r Orbell had discovered what had been going on, Mossnian told witness he was .-very sorry for what had happened, and wished he had taken her advice careful. Mossmaji said. A man,in lore does not think of these things. Replying to His Honour, witness said she (lid not expect tb go back to her ■husband as a result of her consenting to sign a statement containing admisB ' < Mr' Gray, opening the case for The .defence said that Orliell left his wife ap •parently on the slightest probation, and had'not hesitated to bring her into Court and expose her shame in order to extract from Mbssmafl anything up to £2OOO. Defendant’s case consisted of an absolute denial of. thw charges. . ■ Defendant stated in evidence that the allegiitiotis of Mrs.. Orbell that adultery ■ had? been committed were false, br every detail. Witness further said accused him of robbing him in connection with business matters, and threatened to murder witness. Orbell was a f ? three hours, and it .was not until after he had cooled down somewhat that he ac cused defendant of improper conduct to? wards his wife. Plaintiff struck Mossman and threatened-to kill-him, but.the., latter objected, and said he would come round next morning to be killed. Plaintiff accused Mossman of being the father ot Mrs. Orbell’s youngest child-.. ' Defendant said that if it was not contempt of court he would say that plaintiff and Stowe entered into a criminal Conspiracy to extract money from his; pocket. 'He thought the whole thing was blackmail. The Court then adjourned till tomorrow.