WAIHI DIVORCE CASE

Sun (Auckland), Volume II, Issue 373, 6 June 1928, Page 15

WAIHI DIVORCE CASE

ATTEMPT TO PROVE ALIBI JUDGE NOT SATISFIED Adjourned for a week to enable respondent to call evidence in rebuttal of her husband’s allegations of adultery, the hearing of the divorce case in which Henry Harley, contractor, of Waihi (Mr. Schramm) sought a decree nisi against Mary Harley (Mr. Osburne Lilly) was continued this morning in the Supreme Court before Mr. Justice Blair. Roderick Willoughby Gore Edwards was cited as co-respondent. Mr. Lilly said that the question as to whether Edwards was served with citation papers as co-respondent had been brought up, and his Honour had ruled that he had been served. Edwards had denied that he had been served, stating that he was out of Auckland when the papers were alleged to have been served. Counsel said he proposed to call evidence proving the alibi. “I certainly was not satisfied with the evasive way in which he gave his evidence,” remarked his Honour. Two witnesses affirmed that Edwards had been in Hamilton on the day in question and gave evidence relating to his movements. “I am not satisfied with the alibi,” said the judge. “I hold that Edwards has been served and my view has not been altered by this evidence,” he added. His Honour at this stage produced a letter addressed to him under the signature of a woman which one of the witnesses acknowledged to be that of his wife. The letter requested the judge to make allowances for the evidence of a certain witness whose name was enclosed in a sealed envelope. His Honour rebuked the writer and referred to the unwisdom of the action. (Proceeding.)