Divorce Court.

Manawatu Herald, Volume III, Issue III, 29 August 1890, Page 2

Divorce Court.

August 20th. (Before the Chief Justice.) KIRKWOOD V. KIRKWOOD. This was a petition of the wife for a judicial separation, on the ground of the husband's cmelty, an I for the custody of her children. Mr Jellicoe appeared for the petitioner. There was no appearance of the respondent, and Mr Jellicoe stated that he had absconded from the colony. The petitioner (Edith Kirkwond) deposed that on 22al Jim* 1876, she we married at Paden, Hurnley, in Lancashire to John Fritz Kirk wood. After the marriage they resided in various pars of Lancashire, and came to New Zealand about twelve years ago. There were no children at . that time. They came out to Wellington, and had resided in various parts of this provincial district. Six children had been born — four boy & and two girls. Her hus< ban), who was a photographer, had treated her with on many occasions with considerable cruelty. In October of last ) ear she was confined at Foxton, and was attended by Dr Foo*.. On the sth of that mouth her husband was very ahuaive, and fell across the bod in which she was lying. She \va< frigh'ened and became il'. In ord'U* to assist h»r husband she tonk b..>ardpi f 3 while at Foxton. Dr Foot came to boa-d with them during the first week in December. In that week h r husband, who was mid or the influence of liquor, became vorv abusive be.

cause she had not given him a pound and he struck her several times while in the bedroom, several bruises being inflic r ed on her face and shoulders In February last; he wa« very unkind to her. On the 20th February he told h§r he would cut her throat, because sbf "would not fjive him some uiouey on the previous night He took her by the throat and the marks of his fingers were visible for some time. *>n the 2nd April h« was violent while in bed and knocked her a ; out very much. She went to Mr Thynne, J P., the same day and was advised to get a separation order Her husband fol lowed b«r to Mr Thynne's house and promised to mend his waya. The same night however he threw a bottle at her and said he would" do*' for her for going to Mr Thynne. On the 23rd June he was exceeding 1 ly rough, and struck her «n the right shoulder Afterwards he said, •' I have marked a^d bruised you sevaral times but this time. I wili make the b'ood spurt out of you." At the same time h« used very abusive language. His conduct wav ro bad on that occasion that she had to ring the bell and summon Dr Foot to her assistince. On the 3rd July she and h«r husband and children were staying at Stansell's Hotel, Fnxtnn, just before they came to Wellington. He asked her why she had dared to go to go to bed without him and he then ill treated her. She left him, and took the children with her. believed he was now in Australia. He said that on account of his debts he would have to do a " elope," and he wanted her to go away with him in a fei?ned name. On account of his emeltv she had re fused to go with him. She had siven him no canst) for ill treating her.

Dr Foot practising at Foxton, also gitve evidence as to the husband's crue'ty.

His Honour granted a judicial separation, find made an order that the wife should have the custody of the chi'dren.

Costs amounting to £85, together with disbursements, were allowed he petitioner's counsel — Post'