A PARALLEL TO THE DILKE CASE.

Dunstan Times, Issue 1275, 6 August 1886, Page 3

A PARALLEL TO THE DILKE CASE.

Mr Justice Butt tried the case of Wilsdon v. Wiludon and Smith. This was the petition of the husband, a commercial traveller, for a divorce by reason of the alleged misconduct of hia wife with the corespondent, Dr James Murray Smith, a medical practitioner of Romford, who douied the charge. Mr Justice Butt, in pronouncing the decree nisi, said:—This ia one of those cases in which, with one exception, there is not a bit of evidence against the corespondent. There are statements by the wife, made to her husband, that she committed adultery with the corespondent. There is a letter of hers acknowledging as much; there is evidence that a man, whom she said was the co-respondent, visited her, and no doubt committed adultery with her; but all these statemeats are of the respondent, and they are not on oath. It is not only the law admitted in this Court, but in every other Court ia this country, that such statements are not evi» dehce against the person whose name is mentioned. Therefore, although it is clear to me that this woman has committed adultery, there is no legal evidence which this Court can receive against the co-respondent, except, indeed, some letters, which are proved by a witness who has been called to be in his handwriting. Now, Mr Clode has no doubt exercised a proper discretion in selecting one of these letters which he thinks carries his case furthest, and, although that may be a letter which may give, rise to some suspicion, there is no evidence of adultery, and I cannot find against the co-respondent. As against him, therefore, I must dismiss tbs petition. Now comes the question of costs. I am not inclined to give his costs, because he has been in correspondence with a married patient who was separated from her husband at the time. Here is the case of a professional man writing a letter to his wife after she had left her husband, and ia living apart from him ; and ho is net here to explain ; therefore I do not think I ought to give him his costs. There will be a decree nisi.