SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8839, 15 June 1907, Page 3

SUPREME COURT.

Palmerston Sittings

JJTho session was continued yesterday before his Honor Mr Justico Cooper. T. F. Watson and others v. Leonard Sutton, claim £2OO for alleged breach of aoTeemont. Upon this action being mentioned, Mr Lockhart Fitzherbert, -who appeared for the plaintiffs, notified tho (jourt that the case had been settled out Of Court, and applied to have it struck but, Mr J. P. Innes, who appeared for the defendant, consenting, his Honor accordingly struck same out. DIVORCE.

Edward Samuel Dawick (Mr Innes) v. Catherine Dawick (Mr Fitzherbert), dissolution of marriage on the grounds Of habitual drunkenness.

• The following were the jury:—D. Buick (foreman), W. Osborne, junr., R. M. Bryant, J. Dalrymple, J. H. Dixon, If; L. Aitken, C. Just, B. Broome, A. E. Curian, A; Andrews, J. C. Buchanan, J. Hanley. , E. S. Dawick said he was married to respondent in Wellington, in Noveiirber,1396. Immediately after tho marriage they came to Palmerston, and shortly afterwards took a boarding-house, which he kept until last year. They had two children. The eldest child had to bo sent to Otaki, as the mother was incapable of looking after her. About 1901 he noticed that his wife was drinking, and the habit developed strongly the following year. She was in the habit of taking the money given by her by the boarders and spending it in drink. In September, 1902, a prohibition order was taken out. When the order expired petitioner did" not seek for a renewal as it was useless, for respondent was still getting drink. She would watch for an opportunity for someone to pass the tfindow,. and . give them a shilling to get her drink. When tinder the influence of drink respondent was always violent, and would smash windows and furniture. In June, 1904, petitioner secured the services of two doctors, and had respondent committed to the Waitaki Home, where she remained about four months. At the end of that time he went to see her, and was not satisfied Tvith the way she was treated, so he brought her back to Palmerston. She faithfully promised that liquor would never enter her lips again, but he found after two weeks she startedjto drink worse than eyer. On one occasion he took a child from her iefiausc She was ill-treating it, and she chased him round the house with a hatchet.

. By Mr Fitzherbert:—During the last few months she has not been drinking so much, because She could not get the necessary cash. He haicl no hope of breaking her off the habit. Never assaulted his wife. She had continually ftsked hiin to take her away from PalinerBtb£. He had no complaint to find with her moral character. He had lived with her up to last Monday night and cohabited.

His Honor said he novor heard of such an extraordinary ease. The parties living together up to as late as Mondayafter the petition had been filed. Mr Innes intimated that he would not proceed with the case and applied for a dismissal, which was granted with costs on lowest scale.

His Honor said there an opportunity now for her to control her habit.and there was no reason why the parties should not live happily together. Ho would not use the harsh word "Reform" boeauso her tuoral character was spotless. Ha then strongly nrced upon tho parties to forget the past and start out on a new lifo. Marshall V. Knight (Mr Innes) applied for a dissolution of marriage with Clara A; Knight on tho grounds that respondent failed to comply with an order of tho Court for a restitution of conjugal fights. There was no appearance of respondent. A decree nisi was granted, to be made absolute in six months.

Thomas P. Blake (Mr Innes) made application for a dissolution of marriage with Kmily Blake on the ground that his wife would not live with Mm. She had been away for soino time', and although he sent her money she would not return. A decree nisi was granted. Emily Daly (Mr Cooke) applied for a dissolution of marriage with Richard Daly tfri the ground of her husband's adultery. There was no appearance of respondent. Petitioner stated that she had to leave her husband some years ago on account of his drunken habits. About four months ago she found out her husband was living with another woman at Oroua Bridge. Evidence was given as to Daly's arrest, and he was brought before the Court tho other day charged with bigamy. A decree nisi was granted with costs on lowest scale. . Frederlch Lecaldano (Mr Harden) applied for restitution of conjugal rights. Petitioner said his wife refused to live with him. He had a good home for her, and had tried to get her back. Last week she came to the shop where- he was working and smashed crockery, etc. His Honor said it had to be shown that there was an honest desire on the part of petitioner for hi 3 wife to return, and it was not so in this case. He would adjourn the application until next sitting m September. Alexander Oliver Mulvay applied dissolution of marriage with Annie W Mulvay. Petitioner stated that respondent left him some time ago. He saw her onco and asked her to return, but she refused. He had never seen her smco. The decree was granted.