DIVORCE ACTION

Hawke's Bay Herald-Tribune, Issue 93, 6 May 1937, Page 13

DIVORCE ACTION

-Prewl AMDeiattofl.)

Husband Awarded £250 Damages NO DEFENCE MADE

(By Tafeeraoli-

PALMERSTON N, This Day. Damages amounting to £250 were awarded by a jury in the Supreme Court at Palmerston North yesterday to Wyndham Baden Baker, of Palmerston North, cordial manufacturer, against Stephen J. Havill, of Wairoa, But formerly of Palmerston North, who was named as co-respondent in the f ormer 's divorce petition against Daphne Sylvia Baker, also of Wairoa. Alleging adultery, petitioner sought £750 damages; also eustody of the four children of the marriage. Neither respondent nor co-respondent defended the action. The following jury was empanelled: Messrs. A. M, Spilman (foreman), R. J. Cowburn, R. E. Small, J. A. Coghill, W. Garden, J. p. Lennon, D. Blanche, D. N. Johnson, H. Newport, F. W. Eyre, L, Hughes and F. J* Lewin. Outlining the nature of petitioner 's claim to the jury, Mr. L. G. H, Sinclair said Baker and respondent were married in 1924 and had lived together happily until the beginning of last year, when the wife Started going round town with Havill and visiting hotels. Fin^lly Havill came to the house, with the * result that an altercation took place, in which petitioner came out much the worse, as Havill was a former boxer. Baker was forced to abandon his home and Havill continued to live there with Mrs. Baker. When petitioner discontinued paying the rent, Havill and Mrs. Baker went into a flat. Later she accompanied him to various places, travelling with him on his fruit lorry and living with him at"1 hotels as Mrs. Havill. Petitioner gave evidence that he was married at Palmerston North in 1924, and there were four children. He lived quite happily with his wife until the beginning of 1936, his wife's behaviour having given him no cansa for (Complaiut, but then she began to visit an hotel where co-respondent, who waa a divorced man, worked. Havill began to frequent petitioner 's home. Petitioner objected, and a fight with corespondent occurred, petitioner subse-* quently leaving the house, His Honour; But could yon not have taken some proceedings to eject Havillf — I approached the police twice, but they would not interfere. Petitioner added that co-respondent stayed with respondent at the house, and they subsequently moved to a flat, after which they boarded together, and travelled around in a lorry. Co-respon-dent and respondent sold up petitioner 's furniture bit by bit, as co-respond-ent was not working for a period. His Honour: It is aa extraordinary thine for a man to submit to that.

Petitioner said his wife had admitted ;that she preferred Havill to him. His wife and Havill were now living at i Wairoa. i-- Co-respondent k had been s freezing works employee, but never did ! much, as his father mainly supported him, ; His Honour; And how do you think that you are going to get £750 damages f Alan Corry, of Wanganui* painter, but formerly travelling round vrith Havill, told. the Court that Mrs. Baker had accompanied the latter, being known as Mrs. Havill. His Honour put three issues. before the jury: (1) Had respondent lived in adultery with co-respondent fj (2) had j co-respondent lived in adultery with re- j spondent?; (3) the amount of the dam- j ages There would be no difficulty in I answering the first two questions, he ] told the jury. The damages should be • j compensatory only, aud not exemplory or punitive. He snggested that, owing to Havill 's flnancial position, the jury should make the damages moderate, If _ £100 were awarded, Havill would prob- J ably be compelled to pay something in ; the event of his going bankrupt, but if i £750 were awarded, no Bankruptcy \ Court could tell him to put aside all his j wages. After a retirement of 15 minutes, the jury returned with affirmative answers to the 'first two questions, assessing damages at £250. His Honour made a decree nisi, to be moved absolute after three months, with interim eustody o£ the children to petitioner and £250 damages and costs against eo-respondent, t