ALLEGED DESERTION

Gisborne Times, Volume XVII, Issue 1373, 7 February 1905, Page 4

ALLEGED DESERTION

The case of Mary E. Smith v. Abbotsford Smith, a charge of wife desortion, was continued at the Magistrate’s Court yesterday morning before Mr W. A.'BartOD, S. M. Arthur Smith, son of the parties, stated that he remembered hiß father being away in October lust. About this timo they wore three weeks without meat and six weeks without potatoes. Bv Mr Finn—There was no ohaDge in the way in which the parties lived aftor the case in duly. When defendant sold the 1000 aores he bought 400 acres and. put the title in the joint names of himself and witness.

W. D. S. McDonald, sheepfarmer, stated that ho bought about 1,300 sheep from defe'ndant in October last, paying him LBl3. He saw witness in January, he stated he wanted to sell some cattle Defendant,said he was going for a trip to Bciorua to see his brother, who was ill He aßked witness what would be the rate of exchange on New Zealand notes in Australia. Witness ,told him about 6d,but said the usual thing was to send money by draft. t' By Mr Finn—Sheep were at a high price then and small sections were selling well. At that time defendant appeared to bo in a bad state of health. G. JR. Wyllie, auctioneer, gave evidence as to defendant selling 3 horses on December 31st, and 22 head of cattle last Friday. / !

W. S. MeCredie, la w clerk,gave evidence as to the lands lately owned by the defendant.

Mary Elizabeth Smith, complainant, stated that the real start of tho trouble took place since she wont to the Motu four years ago. Defendant and she hod ceased to .live in the same house three years ago. Since last Court case witness asked defendant to come back and make the best of, things, but he had refused to live with her, and stated that the law could not make him. Defendant wanted witness to get a divorce. There was no property intrust for her and she had no means. Last Sunday week witness went to Wood, ville far her child, which she brought back with her to Gisborne. ; -

Witness was cross examined by Mr Finn as to the reasons for which sbp laid the complaint. She did not think it necessary to lay an information until Janaary. It was on account of defendant’s actions and conduct that she laid the information.

L. T. Symes, bank manager, stated that a client having money in the bank at Gisborne could draw it at the Wellington branch cf the bank provided he was identified: He had reoeived a wire from a gentleman, whom be considered to be Me Smith’s solicitor, asking for the money, but had not sent it.

Thomas Eeonan, constable, stationed at Gisborne, stated that he was at tbs wharf on the 26th January, and saw the outward passengers go on board the Waiki, but did not notice defendant go over the gangway. Mr Lysnar applied for an adjournment of the case to enable the evidence of four witnesses to be taken at Woodville.

Mr Finn agreed to go on with the dofence, and call all his witnesses, with the exception of defendant, until the evidence was forthcoming from Woodville. The case will be continued this morntag-