FLYING HERO'S FREEDOM

NZ Truth, Issue 1197, 8 November 1928, Page 4

FLYING HERO'S FREEDOM

Kingsford Smith's Divorce Plea Granted By Judge

(From "N.Z. Truth's" Special Sydney Repi-esentative.) Kingsford Smith flying the Pacific; bracing the Tasman— to these glimpses of ihe aoiator hero were added some new sidelights last u)eek,phen he appeared as a petitioner m divorce. Kingsford Smitk accusin g another man of having alienated his wife's affections; writing that the " longed'for Pacific flight seemed as far off as ever" and that he had "almost decided to give up flying"; m the roilness-box, magnanimously asking permission to make his wife a present of £250.

THE petition, which was based on de--1 sertion. only, named Thelma Eileen

Kingsford Smith (formerly Corboy) as the respondent. Mr. Justice James heard the case;

Lawyer S. V. Toose appeared for Kingsford Smith, but there was no appearance on behalf of the wife.

Counsel stated that when the divorce papers /were served on the. wife, slie said, "I am glad this is going to be brought to finality. I read m the papers that Charles was taking divorce proceedings against me. We have not lived together for more than three years." She added, that she did not intend to defend the case. , ' , . . Asked by Solicitor Ackland whether she would sign a paper to that effect, she replied, "Yes, •so long as/ it is for desertion only." . , . ■ . • . The solicitor prepared the following, which she sigrted: "As this is an application for desertion only, I will not defend it." , Charles Edward Kingsford Smith said, he was a squadron-leader m the R.a!f. He was born m Brisbane on February 9. 1897. . ' . : His. .father was a bank manager m that city. He came to New South Wales when he was about two years old, he understood.

He went to the war m 1915 and returned m 1920.

Mr. Justics James: We, know that you have travelled about a good deal, but, on the question of domicile. I want

to know where is your permanent home? — In New South Wales. Kingsford Smith said he was married on June 6, 1923, at Marble Bay, Nullagine district, Western Australia. There were no children of the marriage. He' was engaged by the West Australian Airways and, for some time after marrying, he and his wife. lived at Carnarvon. After a time he found his wife growing very cool towards him and asked her whether there was anybody else. She said, "Yes," and mentioned the name of a mutual friend. He talked the matter over with her for two or three hours, and asked her to go with him to see the man. "I went and saw the man- first," he went on. "I accused him of having alienated my wife's affections. The man admitted that he loved my wife, but. he assured me that "there wajs nothing improper between them. I am satisfied that there V as not."- \ Shortly after this incident, his wife went to Perth for a holiday. He went to Perth, and asked her to return with him m a ear.

-She refused,, and came back by boat About a week later. She told him one evening that she no longer cared for him. ■He asked her if he could do anything, but she said he could not. She said she intended leaving him. Early m June, 1925, he went away for a. few days, and upon* returning home he found that his wife had left. - He heard, later that she had gone to Nullaginel ■' ■

"On the bcasion of my recent visit to Western Australia," he said, "I saw my wife, m the presence of her mother. The mother asked me whether, seeing that my wife '■• had not worried me, I could see my way clear to make her. a donation, as my financial position was so much better than it had been.

"I was agreeable to do so, but my solicitor advised that I should make application to the court, as otherwise, collusion might be alleged.

"I now make application to be allowed to make my wife a present of £250." : ; ;

Mr. Justice James: "I don't see why a man shouldn't help his wife financially, even if she has deserted him.". Counsel : I believe you ;'■'■ are going away shortly ?— Yes, m about six weeks' time I intend to leave for America, but I am coming back. Kingsford Smith said', that he had

written to his wife, asking her' to return to him, but she had, declined to do so. ' The following 1 letters were put m evidence: — • "Sydney, December 26, 1925. "My Dear Thelma, — I would like to take this opportunity of wishing you and your mother the compliments of the season, and to hope that all your Xmases may be happy ones. "Now, I am writing again to ask you to come back to me, but if you are determined not to do so, you might at least write and tell me, as one doesn't like one's letters ignored. "If you are willing to return, I can offer you at least a home, although you didn't seem over-anxious to share one with- me prior to your leaving me when I was m the West. "Unfortunately, dear, I cannot truthfully tell you that I have anything financially attractive to offer you. as the longed-for Pacific flight seems as far off as ever, and I have almost decided to give up the whole flying- game for something steady, if uninteresting, m the way of ground jobs over here or back m Carnarvon. "However. Thel. this place is really my home, and if your affection for me is what it should be, you will, I know return to Tne. But, if not, please tell me and don't keep silent. "You know you haven't even written to me to acknowledge the allowance I have, from time to time, been sending you since you left me. "So there it is m a nutshell, Thelma,

and I am asking you to come back to me, and, if you won't do that, do at least let me know. "Your affectionate husband, "Charles." To that missive he did not receive a reply until April of next year. It read: "Charles Kingsford Smith, "Royal Hotel, . • Perth, April .8, 1926. "This is an answer to your letter of 26th December, just received, m which you ask me to return to you. "I have no intention whatsoever of returning, and absolutely refuse to live with you again. "I am contented at home and am capable of supporting myself,, as I have done for the last four or five months, since you went to Sydney. "Do not trouble to write again, as this is definite. . "Thelma." Mr. Justice James granted the decree nisi for the dissolution of the marriage — to be made absolute m six months.