Divorce Court

Manawatu Standard, Volume X, Issue 1460, 21 September 1885, Page 3

Divorce Court

SATURDAY, SEPTEMBER 19th, ISBS. (Before His Honor Chief the Justice). Chaldicott v. Chaldicolt.— Mr Hutchison, for petitioner, stated that the petitioner asked for divorce on grounds of adultery and cruelty. Heleanor Chaldicott, wife of Louis Wm. Chaldicott, stated that she was married on 14th October, 1879, by the Rev. Mr Tudor, at Christ Church, Wan ganni ; Mr and Mrs Caffry were witnesses to the marriage ; her maiden name was Heleanor Martin ; after marriage lived at Arainoho ; had had three children, one having died. The names of those living were Dora Mary (four years) and Ida Lucy (two years) 4 was away at Greymouih for four weeks at the bee-inning of the year ; her husband remained at Wanganni, and on her return he was here ; immediately on her return had her suspicious arouted ; her husband behaved badly towards her : he used to come home early m the morning and thrash her; on one occasion he struck her on the nose, and made it bleed ; on another occasion he bit her violently ; heard him once through the wall telling his friends of his adultery, and he mentioned the name of the woman ; this was m his own house. His Honor asked whether the respondent was drunk, and to which witness rer sponded that he had been drtnking. Witness continued— She was m her bedroom, and lie was m the other bedroom seeing his friends to bed; recognise ed the voices;, on one occasion his brother was the person spoken to ; heard him say tliat he had got into the Rutland Hotel,' and how he got m; he got m at the bac.k door and went to the wdmaii's room ;, the woman was a barmaid there; heard the con ersation whori his brother came from England ; that would be about. March ; he had also mentioned ' itfbMv Chubb under similar circumstances ;; taxed him with his misconduct directly : he came to his room, and toLl him n s.h,ej would* leave him unless ;he "beiiaved better ; he tlid not' deny -'it ; baud him detail the samft, or similar circumstances several times after she had taxed • him ; one evening after he had made these coh/ r ; fessions, found a note m his cigar-case f ;,' at that time had no legal proof or ,;$'»?0& that was satisfactory ; wentto ,%d /Mu.. Hutchison on the subject.; aft?y.h'e^lhi^7 band knew she had been at.Mr Hatchi-' son, he acknowledged having commiljjed adultery with the woman m question ; he had waited m her room for he-; ;on the first occasion, and afterwards got m through the billiard-room ; he got a friend to take the key and he got . one made like it ;■ afterwards the back doorwas left open so he got m by it ; one one occasion watched him at the back door of the Rutland and saw him get over the gate; continued t» live with him, but did not cohabit : with him ; ;he -was very violent with her : - after this; and on one occasion he used =lie'r iiarshly an! ghe had to go outside-;' he went into his brother's room to get a bat to strike her with ; got the children and went out with them ; he threatened several times to bring" a revolver out ; when he bit her she showed the wound to some friends; continued to live m the house, which was her own ; it came to her with other properfcyj which had gone to her husband's account; remembered on one occasion going to the office at the brewery, when she noticed, some letters, and saw a photograper of Miss Luxton, the woman with whom "he cotauaitted adulter,yin the pigeon holes ; did not take the photograph at all. (Letters produced). A letter was here put m, which witness had received from her husband admitting the adultery arid expressing regret for it. ; Theresa Welsh, at present living with Mrs Chaldicott, bid beau servant to them when living at Ararnoho; remembered one occasion when Mrs Chaldicott was j outside the hous 3in the middle of the night with a cnild, whom she put m ■witness' bedroom by the window ; respondent was very irregular m his habits; the occasion referred to took place about a fortnight after she went there ; she was awakened by the noise created, and shortly afterwards heard Mrs Chaldieott at her window with the ehdd ; had to keep the cricket hat under her bed, and al*q. kept the revolver ; when respondent bit Mrs Chaldicotfc on the hip, witness saw the mark ; it was a very bad wonnd ; the husband's con- i duct was the reverse of gentlemanly to his wife.' .

Robert Beauchamp, porter at the Rutland Hotel, said he had been there for nine months; he know the respondent and Mis Lnxton ; the latter had been away, about two months ; Miss Luxton was there before he went ; during part of the year Mr Parsons was absent from Wangranui; Chalflicott used to be there a good deal, and often when going home witness noticed him there at 11.30 at night ; recognised the handwriting of Miss Luxton m the letters produced. The following letters m th 6 handwriting of Miss Lnxton were nut m. In some of them nimes which are not connected with either of the parts are represented by blanks. The letters are printed verhatim et literatim ; — (1) Rutland Hotel Dearest Louis, — Do riot come to-night, Kohn is m. the next room. '"' In haste Yours for ever Polly Luxton. (2) Wanganui, 20th June, 1885 My poor darling,— Cheer up and don't look so miserable, outside public think t'lat your business affairs are worrowing you. What does -say sboiit the children, does' he think that your wife can take the both, — that reinains to be proved I should think. Mrs -is not a bit cross with either of us, she says for a long time she has known my fate and has often «aid to me that there was nothinsr done m her house but what she j knew. She is a kind good little woman and is awfully, sorry for us both and pities us from her heart, and says God help you; both through your trouble. Yesterday she was half afraid of seeing gives, her the note. They don't want their names mixed up with it. She has sworn to me that she will say nothing about it. Your friend Miss B knows nothing. My darling is your brother for your wife or you. I think for the wife; now cheer up and don't look at the black side. From your ever loving Vixon. (3) Wanganui. July 3rd, 1885. My poor darling. — What can I do if they tell me to leave. When people hegin to tell Mr and Mrs and ask them if they know about it, it would not look well for them to keep me for the good of the house. They have not done so yet, but may. What do you think I had better do. Dearest lam truly sorry to hear that your wife is still relentless. Now, for Gad's, sake, don't suppose I ■hall ever hate you. I love you more dearly than (?)• My own pet if I could only give you one kiss. Now, goodbye, darlingy and cheer up. Prom your own dear little girl, Polly. Luxton. (4) Waltara, , July. 8, 1885. Mv darling Louis, — Arrived here about 7 o'clock. It rained all the day. It was snoh a long and tiresome jonrnev. My father and brothers and sisters think I have come home for a holiday, but I tol 1. my mother last night all about it. T thought it would be much the best. Shs was m a fearful state and said she would rather see me m my grave than marry you. She says there is never any happiness comes after a case like this anl

and wants me to give you up dear bu I can't. I shall never forget you d.'.rli .g the ni«ht before I left Wanganui and how you looked when you saw me ai the station. Your dear little sister, how kind she looked at me, Oh God bless her. Although I am with my own people and they are awfully kind to me bnt dear I miss some one— you know who that is. This must be a very great table talk for Wanganui people. How do they . take it?— lam thinking; everything that is bad about me. Would to heaven that we could pndo what has been done — said everything that is bad about you and said that the best thing I could do was to give 3^oll up and have nothing more to do with you. I told him that he knew nothing about it, and asked me how it was that I did not trust him as I had trusted you and and I told him because I did not love him. Dear tell me how it was that offerred to lend you tho money and ,all about it. My darling I must draw my short letter to a close. Will write a larger one next. .. ; .; Yours tor ever, - POLLIB LUXTON. • .;Hia Honor was quite satisfied with the evidence adduced up to this, and said that it was quite clear, so far as the husband was concerned, that he admitted the facts on which the petitioner relied to : prove her case viz., cruelty and adultery;It was, .however, the duty of the. Court; to be satisfied that there was no "colhi- r sion m the defendant's putting m no'de> fencfj, § He was per|e6tly satisfied T wi|h^ the •peti^ofher's statement; but before he* ruled for a decree nisi it would be necessary that he should have lUed affidavits' of the service, on the respondent. ; ■_ rvMv Htttchisdh'iitated that the stams' : necessary had baeu affixe.^ ana the;papaiJ&o ; were now m thepossessiou of the Depubyi Registrar. : * ;. ; .-"; ; ■-.. :"'• W T ■ ; Hi^ Honor said .they: could not be. ; re-r . gisterijil'.here^bat practically he gave ah-! ; order now. .; ;■• ;'.. ■'■-:•■'■■■ A' = vMrrHgtchison applied for costs against" ithe'rospondunt. ; r-sTJiose were Mlowfcd aiid His "Honor', ! railed .tfor: a (lecrtemhi -with costs. ' I:<1 ' :<1 ' i:;