AN APPEAL UPHELD

Hokitika Guardian, 14 October 1931, Page 6

AN APPEAL UPHELD

A DIVORCE SUIT. (By Telegraph —Per Press Association) WELLINGTON, October 14. An appeal from the judgment of MiJustice Adams in granting a new trial in the divorce cti.se of Harold Neaves Austin of New Plymouth against Violet E.U'/.a Austin and William James Newell, also of New Plymouth, came before the Court of Appeal to-day, the appeail being taken in forma pauperis. The facts leading to the appeal were that in September last year. Austin filed a petition for divorce from bis wife on the grounds of adultery, naming Newell! as co-respondent. At the trial, evidence as to adultery was given by Ada Wiley, sister of Mrs Austn and William Edward Walker. Both respondent and co-respondent strenuoufil.v denied misconduct, and evidence on the contrary to that for petitioner was given by other persons living in the same house as Newell and Mrs Austin. The jury, however, found for the petitioner, and a decree nisi was made later on.

On an application for a new trial, Justice Adams held the verdict to be against the weight of evidence, and ordered a new trial. The appeal was originally set down for hearing at the last sitting of* the Court of Appeal, but prior to the date for hearing affidavits were made by Miss Riley and Walker filed in which they stated evidence given by them in the Court below was entirely false. ...y-

In view .of the fact the.hearing was adjourned;; until to-dpy. In the meantime bothjlMiss Riley and Walker have been prosecuted for perjury, Walker being sentenced at New Plymouth to twelve months hard labour and Miss Riley being ordered to come up for sentence if called upon at any time during itvlie next- two years. On the bench were Justices Reece, Smith and Ostler.