Did Not Know She Was Married

Sun (Auckland), Volume I, Issue 220, 6 December 1927, Page 1

Did Not Know She Was Married

PETTY OFFICER’S PLEA

CANNOT EVADE COSTS

The remarkable story that he did not know the respondent was a married woman was put forward by the co-respondent in a divorce suit heard by Mr. Justice Reed in the Supreme Court this morning. He was disputing the payment of costs, but his evidence did not convince the Judge, who entered judgment against him. The petition was brought by John Weller against Hinemoa Dolly Weller, with Thomas A. Young, a petty officer on H.M.S. Philomel, cited as co-res-pondent.

Mr. Allan Moody appeared for the petitioner and Mr. J. J. Sullivan for the co-respondent. The latter was dis puting his liability for the payment of costs.

The petitioner said he was married on April 3, 1923. There were two chli dren of the marriage. He knew the co-respondent by sight. He had seen him with his wife on several occasions At one time witness had spoken to the co-respondent, who, with his wife, was in Queen Street. His wife smacked him over the face. In consequence of inquiries witness ascertained that his wife was living in apartments at Grey Lynn and that the co-respondent had been living with her. He had not seen her since that date. INCIDENT IN STREET Cross-examined, witness said he took hold of the co-respondent’s sleeve at the meeting in the street and his wife pulled him away. The co-respond-ent was in uniform. The boardinghouse-keeper said the respondent had stayed at her place for some time. Witness knew the respondent was living apart from her husband. She knew Young was a regular visitor. The co-respondent admitted misconduct, but strenuously denied that he knew the respondent was a married woman. “I met her at a dance,” he said, “and knew her as Dolly. She had neither a wedding ring nor an engagement ring on, and she said herself that she was a single woman.” DENIED MEETING HUSBAND Witness denied that he had ever spoken to the petitioner, or that there had been an altercation in Queen Street. To Mr. Moody; Witness had lived with Mrs. Weller for about six weeks. After a long cross-examination, witness admitted that one day, in Queen Street, the respondent had left him to speak to a man. He could not remember whether petitioner was the man or not. Mr. Moody asked that costs be awarded on the highest scale. “X have no doubt that the corespondent knew the respondent was married,” said his Honour, in granting a decree nisi, and ordering the corespondent to pay the costs on the lowest scale.