SUPREME COURT.

Otago Daily Times, Issue 19474, 8 May 1925, Page 13

SUPREME COURT.

Thursday, May 7. (Before his Honor Mr Justice Sim.) His Honor took his seat on the bench at 10 ami. PRISONER SENTENCED. Alexander Forsyth Gouldsbury, who was convicted on the previous day on a charge of carnal knowledge of a girl under 16 years of age, was brought before the court for sentence. Mr F. B. Adams (Crown Prosecutor) said he had been informed that in addition to the case mentioned in the police report one or two other relatives had. been somewhat eccentric. The information came from private sources. He had not verified it, but he thought it was accurate. His Honor said that when a jury made a recommendation to mercy -he always made an effort to give effect to it if possible. Ho was sorry that in the present case he could not see his way to give any effect to the recommendation, because ho could not agroo with the view taken by the jury as to the girl’s conduct. It seemed to him that it was no excuse that the girl, as the jury stated, acceded so readily to th© accused. The accused was a married man, 38 years of age, and the girl was under 16 years, so he could not regard the fact that the girl yielded readily as mitigating in any way the gravity of the offence. The girl was an inmate of the accused's house, and was practically entrusted to his care by her parents. The accused took advantage of her while she was an inmate of his house. It seemed to him that he must impose the punishment usual in. such a case. The accused would be sentenced to five years’ imprisonment with hard labour. IN DIVORCE. ADAMS v. ADAMS. John Stoneham Adams sought a-dissolution of his marriage with Eva Proctor Adams on the ground of adultery. Michael Doucherty was cited as co-respondent. Mr W. G. Hay appeared for the petitioner, Mr F. W. Ouglcy (Oamaru) for the respondent, and Mr A. C. Hanlon for the co-respondent. This case was heard before his Honor and a jury of 12. ' Mr Hay stated that an arrangement had been made as to the amount of damages, so that the jury would be relieved of tho most important part of its task. Mr Ongley said he wished to withdraw tho defence so far as it was in his power to do so. His Honor said it resolved itself into an undefended case, in which the jury had to assess the damages. Mr Hay said that £750 had been claimed as damages, but it had been agreed that tho amount be fixed at £l5O. Mr Hay said the petitioner had a small farm of 80 acres at Otckaike. The corespondent was a retired stonemason residing some distance outside Oamaru. The petitioner and the respondent were married on March 29, 1905, in Oamaru, At that time the petitioner was a home missionary of the Presbyterian Church. He gave up missionary work about 1910, and took a farm at Livingstone, and in 1923 he went to Otekaike. There were three children nf the marriage—a girl 18 years of age, a. girl 17 years, and a hoy 15. The wife got dissatisfied with country life and wanted to live in town, but unfortunately the husband could not very well live in town They got on fairly well for a time, 'but eventually the wife got into the habit of going in to Oamaru. About the beginning of last year the suggested that they should separate, and finally she insisted on getting .a separation agreement privately. She told her husband about last June that she wanted a SQjvwation so that after three years she could pet a divorce. Although the husband was not agreeable he eventually consented to a separation agreement. The petitioner had reason to suspect that she had gone too far with Doucherty and he had hear movements watched, with the result that on December 2 the respondent and the co-respondent were found together in a font in an orchard near tho Oamaru Gardens. > After evidence hod bean given on behalf of the petitioner, a decree nisi was granted, with leave to make it absolute in three months. An interim order was made for the custody of the youngest child. The co-respondent was ordered to pay the petitioner’s costs on the highest scale, disbursements and witness’s expenses to be fixed by the registrar. The co-respondent was ordered to pay damages into court forthwith. RCTDY v. REIDY. Susanna Reidy petitioned for n dissolution of her marriage with James Reidy on the ground of desertion. This case was heard before the judge alone. Mr Ongley appeared for the petitioner. Ho stated that the parties were married in 1919. The respondent was a Home Countryman and proved to ho a pretty heavy drinker. He was farming at Allan Holme, near \Vaimate, hut eventually he drank himself out of his farm. The petitioner had to leave him sometimes while h(. was on drinking bouts. Eventually another man was put into the place. The petitioner went to her mother’s place, where a baby was horn a few months later, and the respondent promised to get another homo fSr her. About two months later he wrote to her stating that he was rabbiting, Shu saw .him about 14 months later, when he gave 'her £lO for the baby. He was drunk on that occasion. He was always promisins to pull himself together. Apart from another £1 which was given to the baby she had received no assistance from him. After evidence had been given a decree nisi was granted with leave to make it absolute in three months. An interim order was made for the custody of the child, and the petitioner was allowed costs on the lowest scale.