FLED WITH LOVER AND CHILD

NZ Truth, Issue 1237, 15 August 1929, Page 8

FLED WITH LOVER AND CHILD

Eiintihg Wifa^^T^ Husband ! In Search (rf Daug^

BROSNAN OBTAINS DIVORCE AND DAMAGES

(From- "N.Z. truth'is^ Special Dunedin^ Representative)

To i the ■■world'" they gave the impression of being happily married with three bonny children to further cement the bonds of" ld ve,: but only they knew that matrimony, to them, had proved a. ghastly failure. The eternal triangle cannot be eluded, it would seem, and it was even so m the case of, William Matthew Brosnan and his- wife, Isabella Agnes Brosnan. „ ' i : ....'■■/■'..'••:. /• . •

TH3DIR- story is different ; from most,' but itas . still an; in-. . •■'. stance of the grim reality of life .r. V: where bi Lterness ivM' 'replaced the love that first came to makja their \Voiid a haven, of happiness. 'f'. r Phe curtain has been runs down at long last on the stage of their domestic dispute, and 1 the principa,ls have* been freed from their bonds to go their own chosen way. r.-.., It ■was" in. January of thi^ v year that

"N.Z. Truth" told the story of a father'^ journey of 3000 miles from Dunedin -to Perth, m West Australia, m quest of his daughter, Ngaire, \yho had been, taken away from her home by Mrs. Brosnan and her lover, George -William Spears. It was a gripping story of a man who: sacrificed his' position and .his money; to take a long trip, determined that the man who had usurped his place m his wife's

affections', should not benefit by the love of his child; '.. ' . . '..'. Brosnan. believed that, the child's mother, through her action, had denied, herself the right to ever entertain any, claim to his children. To part a girl from her mother seems an inhuman thing to do, but there are always circumstances that make the difference, and, whatever .might have happened, Mrs.-. . Brosnan, by her alliance with Spears had to choose, and her choice was the man.:'. After a long, separation Nga*ire came back to Dunedin with her father, arid was soon 'agraiiT settled ' imiong ncr brothers, going' to scnb 1 with - : nothing l more, pernaps, than -tne ineniory: of her trip. . ..-'•■■ • ;.' "'■". Although his funds . had been, practically exhausted by his two trip's to Australia, Brosnan did not rest until he had set m motion the, machinery of the law that watches over the destinies of unhappy husbands and wives, and his petition for ■divorce was duly entered a.n d the papers served ,on his wife and Spears. Over the cables there .flashed mes- • sages, between Brosnan's solicitors andthose acting' for Spears; came offers of money by way of damages; returned cables of refusal from Brosnan, and so matters dragged along. . When it was seen that finaiity could not be reached, Brosnan issued a writ for £1000 damages against Spears, who. was' named as co-respondent m the divorce suit. < . • . Weeks passed by, and then, .a' few days before the hearing of the. case, Spears arrived m Dunedin to defend the claim for damages, and although not defending the divorce suit, Mrs. Brosnan was his companion.' Fearing that a second attempt would be made to take his daughter, away from him, Brosnan took immediate steps to frustrate any such action. He went to the school the children attended, and taking Ngaire -and his son home, placed them under lock and key under the watchful eye of his housekeeper. , ' . Here, then, was a poignant

Found No Trace

situation ; that although it might nave seemed unduly harsh, had, . according to Brosna'n, bee.n^ forced .upon him m the light of what had previously taken place* Brosnan was the only member of the unhappily situated trio who put m- an appearance m the Dunedin Supreme Court, when Mr. 'Justice; Kennedy and a jury of twelve heard the action. Brosnan's counsel was Mr. H. E. Barrow clough, .while. Mr. A. C. Hahlon watched £he proceedings on behalf ofMrs. Brosnan. . Mr. W. G.Hay was present m 'die. interests' of Spears." ' Mr; Hay-'intlni.ated at the outset that impropriety would be admitted, and that as .damages had also .been agreed upon the suit would be undefended. The. 4 amount agreed upon as damages, stated Mr. Barrowclough, was : £500,, and it became' merely a formal matter for the jury to find a verdict accordingly... This would obviate'the necessity of washing a lot of linen m public. It was on October 31, 1917, that Brosnan married Isabella Agnes Mar- • shall, and there had been four children of the \marriage, one having died some years ago. On Juiy 15, 1927, Brosnan and his wife ceased to live' together, as, on that ilate Mrs^ Brosnan left Dunedin with Ngaire ostensibly for the purpose of visiting Auckland on holiday bent. This holiday Was taken with Brosrian's consent, but when his wife did not return, Brosnan went to the North Island to look for her. He found no trace of hey there, but he investigated and found by^a passenger list that , she had gone to Sydney. ; This was the occasion of Brosnan's first trip across the Tasman m search of his child, but he found nothing and had to return to Dunedin. He later made another trip and eventually -traced his wife and Spears to Perth. • . Brosnan had ascertained that his wife had travelled with Spears m. the [same cabin under the name of "Fran-

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiriiiiiiiiiii(iiiiiiiiiimiv: '.- . cis," but she was living m Perth as "Mrs. Spears." Brosnan located his wife and when •he met her he demanded that she' take him to the school his daughter was attending. . : ' He there found the girl, who was known as Ngaire Spears, and he immediately took, her from the school and made all haste to return to New ZeaJand. I His Honor found that the matri-

monial offence had been proved, and told the jury it was their task to assess the damages. The jury, he said, had to give Brosnan damages for' the loss of his wife, his honor and his home. Without leaving the box the jury returned a verdict, awarding £ 500 damages, the sum previously agreed upon. A decree nisi was grranted, , and m addition to the damages, his Honor directed that Spears pay £ 30. costs as well as all other, expenses. ' '' . The question of the disposal of the £500 is to be argued at abater,' date;