SUPREME COURT.

Taranaki Daily News, Volume XXIV, Issue 64, 7 March 1902, Page 2

SUPREME COURT.

Thursday, March 6tb.—Before Hisj Honor Mr. Justice Conolly. j DIVORCE. j HENDRY V. HENDRY. 1 Mr P. 8, Weston appeared for the ' petitioner, Bertha Hendry, who prayed for a dissolution of her marriage. The j respondent was not represented. \ Mr Westeii c tiled j Bertha Hendry, who said she wsvs' married to respondent on the 6th November, 1891, and lived with him at New Plymouth. Four children resulted fnm the marriage, of whom three, two boys and a girl, ere alive. In 1897 her husband left her for a woman named Hay ward, and she understood they were living together as mail and wife. | Mr Wtston put in a lettsr, in which respondent admitted the allegations contained iu the petition. 1 In reply to his Honor, petitioner j said she received money from her husi bind on an order under the Dastitute Parsons Act. Sh" was aware that would ceas? if she got a divorce. His Honor said the evidence was not sufficient, althought it might have been so if the case bad been under the old Act, but he must have positive evidence of respondent's conduct since he left his wife. Mr Weston said he would call a witness as to complainant's character, and if His Honor would adjourn the cise he would get the required evidence jfrom Ohristchurch, where respondent was living. Kathleen .Roberts then gave evidence that she had Jknown Mrs 0 endry ever ever since he was married, and she had always been wdl conducted both before and after desertion by her husband. Sho considered respondent was very crue'. They wera neighbours, and ehe used lo hear respondent rowing with his wife after l o g.t home at night. Mrs Hendry gave him no cause to complain. Did not know the woman Hayward, whom «he balieved was a general

servant. The children ware living wikli, and were w.ll looked after by, their mother. The case was here adjourned till Thursday, 13th inst. Carlson v. Carlson (husband's pstition. On Mr Samuel's application thi* case was adjourned till 2 o'clock. Carlson v. tarlson and Randwick. This was the husband's petition for a dissolution of his marriage on the ground of adultery with tho co-respon-dent, R. J, Randwick. Mr. Samuel appeartd for petition r -r. There was no appearance of respondent or co-rspondent. Mr. Samuel biiefly detailed tho facts leading up to tho petition, and called John Carlson, who said he was a farmer residing three mil s from Eltham. He married racpondtn f , whose maiden name was Annabelle Preston, at the Wesloyan Church, Hawera, on 15th November, 1885. They had eight children, one of whom was dead. The young-st w*sborniii| August, 1898. Libs saw his wife on 6th November, 1900, when she left for a fortnight's holiday, seating sle "as going to har sister i:ear Uranui Af er a fui'Hiight witness appealed to the constable in Eltham and afterwards consulted his solicitor (Mr. Samuel). On the 10th October witness went to the Te Aroha hot springs to be treated for rheumatism and returned on the 26th of the same month. When he left he had a farm laborer in his employ named Robert John Randwick, the corespondent, who had been on the farm for about 11 months. Randwick left on the sth November, after giving notice, stating he was going to Mingimingi. Witness had no suspicion of anything wrong bßtween his wife and Randwick at that time. Did every thing he c iuld to find his wife About a month ufcer he questioned his son about how things toad gone on in his abseioe, and from what he heard brought the lad to town to see Mr. Samuel. His wife left all the children with him and he still had them. The first five years witness and his wife were not on the best of terms, but the list ten yeirs they were. His wifi* was fond of the children. Did not like his wife going away but could not prevent her. Wanted her help on the farm. Saw no reason to suspect her going wrong with anyone. Charles William Carlson, eldest son of last witness, 15| years old, said he remembered his mother leaving home on the 6 h November, the year before last. A few days after his fath«r left home for Te Aroha witness after returning from the facto-y and attending to the calves and other matters looked f«r h>s mother in all the rooms, but could co'. fitd her. This was about 2 o'clock. Raniwick'g bedroim opetv d out of the kitchen, and witness triidl the door, out it was locked. Called out| to if they " were going to have dinner to-day," and getting no reply he went to the window. The blind was partly pulled down. Siw a msn and woman in the room, whom he took to be his mother and Rindwick. Thsy waro on the bed. Could not see clearly because there was a heavy curtain ov.-r the window. Went into the ki'xhen.i Heard Rindwick's door unlocked, and saw his mother come out. Tha door was left open, and he saw Randwick sitting on the bed. His mother siid, " Didn't I have you fine," Herapliei, "It's a pity about you." The next day witness finding his mother and Randwick locked in tho washhouse nude a noise, and they opaned the door and cjme out. Randwick gave him a kick, making hioo lame for three days. His mother said, " Give him some more; he hasu't had enough yet." During the time his father was away, his mother and Randwick used to go out together. It about a mornh after his mother ltft home that witness told his father what had oc:u-red. Did not tell him before b«causa he did aot want to make h;* father miserable, as he was fretting vary much, wondering what had happened to witness' mother. His fa'her did not question him on tho matter until after seeing Mr Samuel, and then witness told him what had while he was away. His Honour s<id he saw no reason to dou'it tha boy's s'atament, 'he ocly j other supposition possibl# would bo if j tho husband wanted *o maka away with his wifs, and instructed his boy • j what 1 o say, but thi 4 wan clear'y not' i the cas<) h re. It wis ono of tii« fad- j 'dest c i sos he ha-i H v fc r had b< fore him. i I Here "as a respectable larmer with a' good hrme, and thq family, judging by! ( whroe wi's dis?rt'd her home and) ichildren in this cruel rawer, A) decree nisi would be granted, with leave to apply lor a decree absolu e in threo months time. Co-ts on the 10-vestsc.jle iworagmnag-ins-i the eo-;esporde«t.