THE DENNISTOUN CASE

Hokitika Guardian, 13 March 1925, Page 1

THE DENNISTOUN CASE

VALIDITY OF DIVORCE QUESTIONED. AUSTRALIAN AND N.Z. CABLE ASSOCIATION LONDON, March 11. In the Dennistoun ease, Mr Justice McCurdic, as soon as the hearing of the ease was resumed, sought to clear up the question of Dennistoun’s French domicile. The Judge: Do you say that the dissolution of the manage was invalid? If so, you see the consequences regarding the subsequent marriage between Dennistoun and Ladv Carnar-

Sir Marshall Hall: It .is for you to decide. 1 submit that Dennistoun’s acceptance of French domicile was collusive in order to enable his wife to get a divorce. Justice MeCardie: That raises the graver issue as to whether Dennistoun is Lady Carnarvon’s husband I Sir Marshall Hall: Not as a direct issue; hut the decision may carry inferential consequences.

Justice MeCardie: You must say what you think in respect to the validitv of the divorce.

'Mr - Birkott, continuing said that Dennistoun denied that any promise of agreement between him and Mrs Deiinistoun existed. Plaintiff admitted there was misconduct ' with General C'owans and Bolin, and also that she was an expectant mother early in 1021. Could they imagine Dennistoun agreeing to her marrying Bolin and also promising to support her? Plaintiff’s dramatic declaration that there was cold, calculating bargaining, where by she paid the price of her husband's preferment, would he utterly denied, ft was a precious poor preferment that ho would he made a major in the Labour Coups. Hers was an incredible version. It was merely a case of an. impetuous, pleasure-loving wife getting beyond the control of a husband who was lamentably weak, and let the matter go. If there was any agreement, it was implied that thereafter she should live a chaste life, which she had not done. The case was adjourned.

VALIDITY ADMITTED. LONDON, March 11. Tn the Dennistoun case, Sir Marshall Hall, defendant’s counsel, said: “For the purpose of this ease 1 admit the validity of Dennistoun’s divorce.” Mr Justice MeCardie (with surprise) : “For the purpose of this ease! Having regard to the family interest involved, and also Mrs Dennistoun’s desire to re-marry, it is important that we should know the points which miy arise at the termination of this case. You think it over!” Mr Birkott (counsel for Dennistoun) addressed the Court. lie said that the jury would naturally ask why the ease had been defended—why. when the payment by Lady Carnarvon of probably less than the case was costing her. would have saved her the daily anguish of seeing columns in the newspapers. she had decided to light the ease? The answer was that no ease or legal claim existed.