Divorce Court.

Taranaki Daily News, Volume XLVI, Issue 140, 17 June 1904, Page 4

Divorce Court.

THURSDAY, JUNE 16. (Before his Honour Mr Justice Edwards). Knowles v. Knowles and Ballum. —This was a husiband's petition for > divorce on the ground of the wife's adultery. Mr Weston (with him Mr Claude H. Weston) appeared for the petitioner. Neither the respondent nor the co-respondent were present, nor were they represented by counsel. Mr FiUherHert had had instructions on the respondent's behalf, tat his retainer had been withdrawn. Mr Weston stated that Mr Wilford hud intimated that he was appear- | tog. for the respondent, but since then ■ she had withdrawn her instructions. I Mr Fitzherbert said his retainer had been withdrawn a week ago. Mi- Weston made 'application to | have the suit heard before the judge alone as there was no defence. This was granted. Thomas Knowles, the petitioner, proprietor of the llreakwuter Hotel, gave evidence that lie wus married to his wife in Worcestershire on 27th August, 1876. They came to New Zealand in 1870, and some thirteen years ago purchased the Opunake Hotel. His wife became intemperate uind he sold out, after having done his best by sfending her awuy to cure her of this weakness. He then went with hen to England. She was there again 'intemperate, though she behaved fairly well on the voyage. He placed his wife with her mother and brother-in-law at Marston Green, seven miles from Birmingham, and then returned to New /joaland, purchasing the Breakwater Hotel, Here ho hoard that Mrs Knowles was returning to the colony, and he went with Mr and llrs Wheeler, his bro-thcHn-law and sister, to meet her. He welcomed her as a husband should, and took her to a hotel. In the presence of Mr Wheeler he told her that if she would forsake old associates and leave the drink alone she could eome to his home. She I promised she would and next day ] they left for New Plymouth, After a j little rent Mrs Knowles assisted in the management of the hotel. Then she began drinfiing again. On many 'occasions' he had reprimanded her and asked her to desist. He got! Dr. MeCleliuid to see and prescribe fori her. On 21sl March last lie went to Opuh&ke, and returned via Elthaw, travelling from Klthani to the breakwater by train. Dallam came to the hotel that ovening, about half an hour after petitioner's arrival. He knew Dallam well. He had stayed as a guest at the hotel on I several occasions. Dallam was attentive to Sirs Knowles, taking her drink from t lie bar. He had remonstrated with Dallam on that matser. Witness mentioned one case of the co-respondent Bultam taking a whisky squash to her room. On 25th March, 2nd and 9th April Mrs Knowles ami Dallam came into New Plymouth travelling 'by different Ibuses. They returned together on each occasion. On the 9th when they j returned Mrs Knowles was much the | worse for drink. On the 16th April Mrs Knowles came into town by 'bus, and Dallam came in on a but- I cher's cart about fi.iiO p.m. They returned about 9.;!0 p.m. by 'bus, and went to the dining-room, where they had supper. He: closed the hotel at 10 o'clock. Witness with some friends went into the dining-room for slipper, and a few minutes later Dallam wished them good-ni'ght. His wife went upstairs just afterwards, but soon returned. Later on witness went upstairs and saw his j bedroom door a little open. He opened the door and looked in. The I room wus in darkness, except from • light from the window, which was I open. Saw Dallam and Mrs Know- j les together. He was very much stir- i prised. Ho then came out and pulled the door to. There was a spring I lock on the door. Went to the top of the stairs, and called' to two men Otto and Stone to come up. Less than a minute elapsed. Witness went with them to the door, opened it with a key, struck a match, and saw Mrs Knowles sifting up in bed and Dallam sitting on the edge of it. Witness asked Dallam "What are you doing here ? Do you call your- • self a friend of mine, and come and disgrace me like this." Ballam I mumbled something about not mak- | ing a fuss. Petitioner used some ; strong language, caught hold of Dallam, end tlirew him out of the ■ room. Stone and Otto intervened. Dallam went to his own room. Next morning (Sunday) when petitioner rfot up there was no siteji of liallam. He (petitioner) would have nothing to do with his wife that <kiy. On Monday he made arrangements for hen to stay at the Trocadero. She had not been back to him since. She was in Wellington now, he thought, ' 7, °,, llad llad a telegram from Mr . Wilford to that effect. He had advanced Mr Fit/.henbert , m account of costs of her defence, and had allowed her £2 10s a week up o June sth. This was done through the solicitors. A further amount up to June .12th had 110t ])mi c , I On Saturday last he had received a telegram from Mr Wilford to the effect that Mr* Knowles was in Wellington and that he was appearing on her behalf. " l Piil'h W r*?" PUt in a lcUt ' r fr °'» Mr fro, h m " ifyinff ,lis withdrawal iron the ens,., and a telegram of similar imp,,,, , roill j„. w; f fo d ™ of Charles Stone and George Otto «I so gave evidence. "' His Honour intimated that he con s'derod the adultery proml °"" A decree nisi wus gran fed 1„ i,n 'r:Xondenf UrS ° m<!,lta ' lSal " St :