DIVORCE COURT.

Nelson Evening Mail, Volume VI, Issue 131, 5 June 1871, Page 2

DIVORCE COURT.

[Before his Honor Mr. Justice Richmond and a common jury.] The first case in Nelson under " The Divorce and Matrimonial Causes Act, 1567," was heard this morning, James Thomas being the petitioner, and Emily Thomas respondent, and *E%ijah Bythell co-respondent. The petition set forth that James Thomas, of Lower Wakefield, shoemaker, was married on the 29th December, 1866 to Emily Jolly, spinster, of Blenheim; that on the 21st May 1867, his wife gave birth to a male child; that the petitioner alleged that he was not the natural father of the said child, and that since its birth he had not cohabited with his wife; that frequently since then she had committed adultery with Elijah Bythell the corespondent; that in the month of July, 1869, the respondent gave birth to another child of which the petitioner alleges that he was not the father; that, therefore, the petitioner prayed for a dissolution of the said marriage, and that the said Elijah Bythell be ordered to pay to him the sum of £500 damages. Mr. Pitt appeared for the petitioner and Mr. Fell for the respondent. The following are the issues set down for trial together with the finding of the jury thereon : — 1. Whether James Thomas, the petitioner, was lawfully married to Emily Thomas, the respondent, at Blenheim, on or about the 29 1 b December, 1866 ? Yes. 2. Whether Emily Thomas, the respondent, on or about the 21st May, 1867, gave birth to a male child ? Yes. 3. Whether James Thomas, the petitioner, was the natural isher of such male child ? No. # 4. Whether Emily since the month of June, 1867, committed adultery with Elijah Bythell, the co-respondent, as alleged in the petition ? Yes. 5. Whether Emily Thomas, in or about the month of July, 1869, gave birth to another child ? No. 6. Whether James Thomas, the petitioner, was the natural father of such last mentioned child ? No. 7. Whether between the months of June, 1867, and July, 1869, James Thomas, the petitioner, at any time had access to Emily Thomas the respondent ? No. 8. Whether Jaraea Thomas, the petitioner, has condoned the adultery committed by Emily Thomas ? No. 9. Whether James Thomas, the petitioner has been guilty of cruelty towards Emily Thomas ? 10. What amount of damages should be paid by Elijah Bythell the co-respondent in respect of the adultery (if any) by him committed ? The two last issues were withdrawu. The case will now have to be taken before the Divorce Court at Wellington.