DIVORCE PROCEEDINGS. Auckland, April 5.

Te Aroha News, Volume V, Issue 253, 7 April 1888, Page 5

DIVORCE PROCEEDINGS. Auckland, April 5.

Till, to! low me, ea-e wa-he.udat the Su pi erne Couii thi*> morning, betoic Mi Ju-Uce t.dlie-, — .lon n Wuvii' (pctitionei), Fanny Eli/a belli Wi.itt (u -Domiuil), ami Win. Cowaid (io le-pouduil), petition lot di— olution ot in.ii i la^f. Mi ,la- Ku— ell appraud toi tin- pt tittoiif), and their wa- no appe.nai-ce oi the iu>|)i)iuicnl oi tli<_ cm u -poiutuit. ,)uhn Wiail. I lit" pLLiliunei, depo-id tint he le-uted m Am kiand. 'io hail bern laiiniiiji, but \\n- nol employed tit pit-out. He ua-. m". i led io tiu' )e-po iluil, <iL >.el-on in ILDI Hlwilo- maiden name \\a-l ( \uin\ Lh/abilh Simmond-. LMi Kii—rll heir i>ut in a cop} ot the nuiinam.' cci tilieate -illicit b\ tin. l!e<ji-uai | W line— then -pel leu hi- name KaU, 'md -nice he liad lontinuul to u-e the uanie W lati. Attei ni.anai;i thc\ io-ided in tho pi ounce ut Mailboiou^h. He liaii ,-r\en elnidien by hi> wile, and two di^d Hi-, wile !eit. nun in M.iN, IGuO. and took a liuii'-r .u lileniiuni m Iki own name, wu li out hi- euiiM nt 1 hey luul m I licen Inin-j, on £oud teini'-,beciiu-e lit had rea-on to >upec'l Ihat hi- wite v,,i- ean^inu on wilh anuLlu i man. Jle had uan-e to Mi^jiect a man named Tie-eman too, w !io -eeim.il to ol liUimatt with hi- wile. He al-o inletceptida li Ltei (piodueed) winten b\ lieoin.ui to hi- (wime— -) wile He came io Auckland in .him.-, iB6O, and .si w hie. wite aiMin -ome tanu in l>it!6. She hid Irui aiKiuyiii; linn and In- i hildien wuhUtU-i-whuii he \va- h\ mi; at tho Waikato. In .hd\, 1835, lu~> wilt laid .in inioimalion toi .-uppoit ;i;j,aui-t. him, and it ic-ultul in lnM'pimiir a' deed oi -epai.uion. Hi> w ite olm.uih d a -urn ot money nndei lli.u deul, and he took the >oun^e-t boy horn hoi. Ul- wile biou^lil piot ttdnig^ loi .-epaiatu niaiiitename .it the I'oliei. (.onil niOili.ini, 1887, and in cio^- examination s-ho admitteit that -he had hern unlaitlmil. ."■'he al-o admitted that -he had ni\en bulh to a child in Auckland ut which witne-s was nut tin lather. He could not catch the name o! the lather exactly. It «ib m con-equi nu ot the-c admib.Mous thai lie. took the present action. lv reply to Hh llonor,wilness elated that he behe,\ed hi- wile w-i^ now ip Auckland. Ho had taken no hteps to induce hei to icturn to him, and she had not olleied to do .-o. 'Liie Mini ot U4O [laid under the deed of hepaiation was all ho had gnen his wite, exeeix L"5. John Stiathern, a isitin*? ottieci' of the C'han table Aid Boanl, depoMnl that Mis "\Yritt wa^ iocei\ni<; charitable aid m August 1887, under the name oi Mrs.Simnionih, Toiibonby. IShe told him that t>he. Wat the A\ife ol John Wiatt, and that she had kept a buaulinghouMMn (!ie>--heet loi two year.-. .Shu mentioned the name ot William Cowaid (builder) as one ol her lod.uei.s Horn 1883 to 1884, and that -no had a child by th.it man. The i luld va- ic^i^tered as Maliel .MeKen/ie Simmond^ .She had further : tliat *he had not heard ot Cowaid lor .some eoiiMueiahle time, and that, bl'.c belies ed he had lelt tho colony. John Owen Lord, Uepstrai ot Births. Deaths and aMaii ia«c», [)ioduecd the renter ol a lemale child on the 14th Februaiy, 1885. The date of the biith wa^ yi\en ah the 7th Januaiy, 18S5, and the name a& Mabel MeKen/io. The lathei 't? name was gi\en as William bimmonds, carponter, and the mother's, name as Annie SimmontU, foimerly Watts. Gcot kg Smith, carpenter, deposed that he knew William Cowaid, the co-rosuondent, who had admitted to witnesb that he had lived with Mis Wiatt for over twelve months, and that she had a child to him. Henry Ingram gave similar evidence, and this concluded the case. His Honor said that he would take some little time io consider this case. The wile committed atlulteiy as tar back as 1875, and the peti ioncr knew of the adulteiy. Adultery might be clearly enough proved and yet not entitle to a dissolution, and S the Court had to be satisued whether tho petitioner h.»d either conduced to or condoned the adultery. Ho would take time J to consider these points carefully.