THE DIVORCE COURT

New Zealand Times, Volume XLVI, Issue 10605, 2 June 1920, Page 5

THE DIVORCE COURT

AN UNFAITHFUL WIFE

LAPSE "WHILE HUSBAND ON ACTIVE SERVICE.

JURY AWARDS £230 DAMAGES. Tho hearing of the divorco petition of Charles Frederick Amnion against Daisy Geraldine Mary Amnion, on tho ground of adultery, was continued at the Divorce Court before His Honour Mr Justice Edwards and a jury of twelve yesterday. Mr A. B. Sievwright appeared for the petitioner; Mr P. W. Jackson for the respondent; and Mr A. W. Blair for tho corespondent, "William Rcilly. In opening the ease for the co-re-spondent, Mr Blair said that he purposed to call evidence in connection with the alleged forgery of the entry of the name Amnion in the visitors' book at the People's Palace. After some discussion between bench and bar, His Honour forbade counsel to introduce any evidence on tho subject, - as the fact "had nothing to do with tho case of the co-respondent. \ CO-RESPONDENT'S DENIALS.

Mr Blair thereupon called O'Reilly into the witness-box. O'Reilly said that he had first mot Mrs Amnion at a dance in Auckland ; about eight years elapsed beforo he again saw hor .n Wellington. As a. conductor pn a Wei-, lington tramcar he one day recognised Mrs Amnion as he was collecting tickets. Ho ascertained in conversation with her that she was married. About a year later, in December, 1918, at the time of the epidemic, he spoke to Mrs Amnion at "tho waiting-shed at Lambton station. She mentioned incidentally that she had had bother in securing" lodgings, and he said ho thought it would bo possible for her to secure a place at Mrs Eden's, where he was staying. She said that her husband was convalescing, and he thought Mrs Eden might give her lodgings till her husband was again able to care for her. Accordingly ho spoko to Mrs Eden. Mr Blair: Did you indicate anything to Mrs Eden about Mrs Amnion being pregnant?—Np. Were you aware of that fact?—No. Was anything said with reference to the paternity of tho child to Mrs Eden?—No.

You have heard Mrs Eden say in evidence that at this interview you were the father of the child. Was anything of that kind said at all? No. ■ ' . You heard Mrs Eden suggest that the board was paid by you. . Had you anything to do with the paying of the hoard for her or for the child? —No, none at all. " This question about your going into Mrs Amnion's room in your pyjamas?—lt is contrary to fact; no such thing occurred. Continuing, witness said that Mrs Amnion waa in his room only once in connection with a Defence letter she wished to haie explained. No suggestion was made at the house that he was the father of the respondent's child, except that Mrs Eden had stated to him that he knew- all about it. In consequence of that he left tho houso. He removed to Moturoa street %*here he bought the furniture and lease with the object of securing a home for his children, whose enstody he was seeking in connection with a divorce action with his wife. Later, Mrs Amnion came to his house as housekeeper, and he paid her £1 a •wwik and- provided her with lodging and accommodation for her child-, Ho lived in a detached portion of tho houso. "PURELY PLATONIC." Proceeding, witness stated that hi 1913 he had had an accident in the hold of a ship by which he had received injuries which had deprived him of any feeling for sexual desire ever since. Cross-examined by Mr Sievwright, witness admitted that- he had seen Mrs Amnion in August. 1918. Mr Sievwright: And yet you have told us that you did not sec her for a year up till December, 1918 ?—Well, near the end of 1918. Questioned by Mr Sievwright witness denied a number of statements made in evidence by Mrs Eden. It was incorrect that he had ever stayed in her room for any length of time; he had never been further into tho room than just inside tho door. His association with the respondent was purely platonic friendship. RAILWAY SERVICE. William Samuel Kidler, staff clerk, in the Railway Department, called as a witness by Mr Blair, saiid it was his - duty to keep tho. records of each railway servant's service and conduct. Ho know Amnion merely as a namo until he called at the office in 1916, and introduced himself as a onc-timo railway employee. Amnion told him. that ho had tendered hip> resignation and asked to be supplied with a cony of a letter ho had put in. He said he had been asked by his senior officer to withdraw his resignation. Witness pointed out that there were certain reasons which contributed to tho acceptance of his resignation, which were not disclosed in his letter. When witness told Amnion tho reasons ho did not contradict them. One of tho reasons he gave. Amnion was that ho had been mixed up with others in a charge of gambling on railway premises in Hihltahi, being convicted and fined 20s and 7s costs. There were also other cases, including one of absence from duty. ERASURE IN BOOK. Ruby Lyford, office assistant at tho People's l Palace, gave evidence as to the system of entry followed at tho People's Palace in connection with tho guest- book. It was the practice to enter permanent boarders in red Ink and carry their names forward on the following clay for the number of days intimated by tho guest that he would be staying. Casuals were entered in pencil. Examining' the book witness ■laid that tho letters "ings" appearing on tho book after the entry "Ammon" wcro in red ink in her hand writing, whereas Ammon was written in pencil in the writing of Miss Hubbard, a former clerk in the office. From the position of the entry in tho book, Mrs Ammon stayed in one of tho rooms in the ladies' corridor, occupying a. lady's single bedrcom. Witness detailed to tho court tho means by which the eraeuro might have occurred and tho name Ammon inserted. This closed th« evidence in tho case, and counsel proceeded to address the jury. His Honour summed up in about half an hour. THE JURY'S VERDICT. After a. retirement of three-quarters of an hour the jury found that the respondent had committed adultery