CLAIM FOR £4000

New Zealand Times, Volume XLIV, Issue 10298, 5 June 1919, Page 5

CLAIM FOR £4OOO

HOME-WRECKING ALLEGED WAIRARAPA SHEEPFA.RMER THE CO-RESPONDENT. Iu the Supremo Court yesterday a divorce suit involving a claim for £'4OCO damages was commenced. Albert Ernest Orlando Wellington Brooks, :'. builder, of Te Ore Ore, Masterton, sought a divorce from Cecilia Mary Myrtle Brooks, on tho ground of misconduct with Donald McKenzie, a sheepfarmcr, of Hillsend, Bideford, Masterton. It was set out that the parties had been married in Stratford eighteen years ago, and hail lived at Stratford, Lower Hutt, Wellington, Manganiahoe, Bideford, Ongarue, Auckland, and Masterton. There were four children. Various acts of misconduct were alleged, and Brooks claimed £4OOO damages from MelvenZlb. The Chief Justice (Sir Robert Stout) and a jury of twelve, with Mr T. Stace as foreman, heard the case. Counsel for the petitioner was Sir John F'indlay, K.C., with whom was Mr L. L'E. Edwards. Mr A. Gray, K.C., with whom was -Mr O. Praguell, represented the co-respondent; and Mr E. P. Hay appeared for the respondent. la a statement, Mrs Brooks said that there were two other children hesides the four mentioned, and sho wished their paternity to be determined in order that they might sharo in any advantage accruing from the proceedings. She admitted the_ allegation of misconduct, but McKenzio denied it. TALK OF A CONFESSION. In opening the case, Sir John Findlay remarked that Mrs Brooks's admission of misconduct did not hind McKenzie. It would be shown that thia was- a dreadful case of a wealthy man wrecking the home of another man. The question of wealth was relevant if that wealth had been used to debauch an industrious man's wife. For fourteen years Brooks had no reason to complain of his wife's conduct, and he had no suspicion against her. In 1913 the .• Brooks -family moved from the AVairarnpa to-Auckland, and come time during the next year McKenzie and his wife (who had since died of influenzal visited them. Subsequently tho Brooks family returned to the AVairarapa,. On coming home one day last December, Brooks found his wife in tears, because, she said, she was suffering from blood-poisoning and would not get over her trouble. In case she died a letter would be found behind the''<washstahd: '■ .When this letter was sectired it'was"Fouhd to be a confession of Mrs Brooks's impropriety with McKenzie. Mrs Brooks said that familiarity began in Auckland in 1915, and was continued when Brooks and his family returned to the Wairarapa in 1316. " In October last Brooks returned home from the country, to find that his wife had been staying in Masterton with McKenzie, who had sent Mrs McKenzie and family to the' Palmerstoa North Show. McKenzie claimed the paternity of a child born to Mrs Brooks in 1916. THE HUSBAND'S STORY. In the course of his evidence. Brooks •aid that when he and his wife, lived at Te Ore Ore, McKenzie's house was about-isix miles and a half away. His wife had admitted to him that two of her-children: .were not his. He was frequently but endeavoured to get home' for week-ends. AVhen his suspicions against McKenzie were aroused, he mentioned the matter to his wife, hut she denied that there wa3 anything wrong. He told his wife, also, that her eldest boy had said that tho wife had thrashed him because he ordered McKenzie out of the house, but this she denied. Quarrels between Brooks and his wife followed, and. after, ohe/'f""these,,the wife went away to Palmerston North, and on her return to Masterton was met by McKenzio, with whom she went to Mount Bruce. AYitness gave evidence of the matter of the letter as mentioned by Sir John Findlay. Mr Hay observed that lie was concerned only respecting the paternity of the last two children, and His Honour said that the children, having been'born-in wedlock, could not bedeclared illegitimate. Several witnesses gave evidence to the effect that McKenzie had been teen at Brooks's place when Brooks was away. Herbert Brooks, the eldest son of the petitioner and the respondent, said that McKenzie had been at the bouse on occasions when his father was away. The ease will be continued to-day, when the defence will be heard.