DIBBS V. DIBBS AND BLAIR.

South Canterbury Times, Issue 2430, 31 December 1880, Page 4

DIBBS V. DIBBS AND BLAIR.

(Abridged from the “ Sydney Echo,” Dec. 7.) The suit for divorce brought by John Campbell Dibba against his wife, Jane Dibbs, on the ground of her adultery with the co-respondent, Charles Lithgow Blair, was begun in the Matrimonial and Divorce Court of New South Wales on November 29, before Mr Justice Windeyer and a special jury of 12. Mr Dailey, Q.C., Mr J. H. Want, and Mr Davis appeared for the petitioner ; Mr Darley, Q.C., and Mr C. J. Manning for Mrs Jane Dibbs ; Mr G. B. Simpson and Mr Pilcher for Mr Blair.

The petitioner holds an interest in some collieries, and the co-respondent was a bank clerk.

John Campbell Dibbs, the petitioner, deposed that he was married to the respondent in June 1864, and there were four children issue of the marriage. Up to the panic of 1866 they were on good terms. At that time he thought his wife became discontented. Between May, 1870, and the time of the separation in January, 1874, there were a number of ebullitions of temper on her part. On one occassion she did her best to capsize a boat, by rocking it from side to side, and ho remonstrated with her. On another occasion, while sitting at table, about. September or October, 1871, Mrs Diobs took a knife and attacked him, cutting his coat. After the birth of the youngest child he had the child in his arms, when Mrs Dibbs snatched it from him, and said “ The child is not yours,” or " You are not the father of the child.” Ho knew the co-respon-dent, first making his acquaintance in 1870. Blair was a clerk in the A. J. S. Bank at Newcastle, He came to the house very often, and Mrs Dibbs went out driving with Blair, with his knowledge and consent. Miss .Florence Woods came to stay with Mrs Dibbs for a short time, remaining about two months, and then went to New England, and he received a letter from her which he showed to Mrs Dibbs, and subsequently he destroyed it. This was about September, 1871. The purport of the letter was that there were rumors afloat affecting Mrs Dibbs’ character, and she asked him to remonstrate with her. He showed the letter to Mrs Dibbs. Blair left Newcastle in April, 1872. Up to that time he had no suspicion that anything was wrong. About Jan. 8, 1874, Mrs Dibbs desired to come to Sydney to visit a lady friend. He knew who the lady was, and had heard something which made him disapprove of the association, and he told his wife so and forbade her to come. She rushed at him and caught him by the hair. He caught her wrists, and she began kicking him. She did not come to Sydney and he remained at Newcastle. He broke up his home and came down to Sydney. He wrote his wife a letter on Feb 15, 1874, asking her to appoint someone to meet Mr G. 11. Dibbs to arrange terms for a separation. In September, 1874, Mr Dibbs went to Melbourne, and remained till March, 1878. Since the latter date she had been in Newcastle and Sydney. The first time he had any suspicion of any improper conduct between her and Mr Blair was in February, 187 G, when an anonymous letter was received. Phoebe Weathered, wife of Captain Weathered, of Newcastle, said she knew respondent and co-respondent. Mr Blair lived in their house at Newcastle, the back balcony being visible from that of Mr Dibbs. Air Blair lived in her house from July 25, 1868, till June 8, 1871. She had seen Mr Blair on the balcony and Mrs Dibbs on that of her house at the same time, kissing hands and waving handkerchiefs. She knew Mrs Dibb’s handwriting, and had found a letter in that writing in the passage leading to Mr Blair’s room. She did not keep it. It began “ Dearest Charlie,” and went on to say she bad written two letters, one to her husband and one to Mr Blair, and she thought she had put them into the wrong envelopes, and asked him to write and let her know, for if she had done so she would never dare to face her husband again. She letter was signed “ Your own Janie.” She had also found another letter in Mrs Dibbs’ handwriting, in a drawer in Air Blair's room. This letter was dated from Newcastle. It went on to inform Mr Blair that her husband had gone to Sydney, and that she wished him to spend the evening with her ; that she would take no excuse, as no matter how late the hour was she would wait, and so long as the light burned in the window she was looking for him. She had seen Mrs Dihhs’s portrait in Mr Blair’s room. It was in his bed underneath the pillow. Catherine James, living in Carlton, Victoria said she had come to give evidence in the case. She knew Air and Airs Crocker, Mr Crocker was her cousin, and she resided with them for 12 years,being there in 1874 and 1875. She recollected Mrs Dibbs residing there for a considerable time. Airs Dibbs had a little boy with her, and had told her the boy belonged to a Air Blair, a cousin of hers. Remembered Airs Dibbs being ill, and leaving early one morning to go away. She said the previous night she was going to Deniliquin to see Air Blair —that he was engaged to a young lady,and was going to be married, Mrs Dibbs said that if that were the case she would take the child with her and sit on his doorstep, and if he did not take them in would poison herself and the child. She alluded to the child Frank. This was about Easter, 1876. She returned the following night, about half-past 11. She (witness) opened the door. She had the boy with her and Air Blair. They euiue into the sitting-room and asked for her room. Airs Crocker came in, and Air Blair was introduced by Airs Dibbs as her cousin. Mrs Crocker made the remark, “ How much Frank was like him.” Airs Crocker said Air Crocker would not allow them in the house. They went to a furnished house iu Lygon street, Carlton. She (witness) accompanied them, and took bed furniture with her. She left Air Blair and Mr Dibbs at the house. She returned in the same cab. The front door was closed before she went away.

For the respondent, Alurgaret Aloore and Charles Blair (the co-respondent), were examined, the latter denying the charges most emphatically, and stigmatising as untrue Weathorell’s evidence as to letters. The jury failed to agree.