SUPREME COURT.

Taranaki Daily News, Volume L, Issue 59, 22 March 1907, Page 3

SUPREME COURT.

i M-.ii I'LYMOI'TII. MAIiCII 2i. (Before ilis Honor Mr Jutticc Cooper). IX LivuKC'E. Tlie divorce I'urrows v Burrows mid Talin (co-respondent) was resumed on Thursday morning. -Mr. Weston called. Petitioner said the respondent was his wife, and co-respondent kept a restaurant in New Plymouth. They were married in llawera, and on [September 2. HMU, a eliild was liom to them at Auckland. Subsequently they came to New Plymouth to live. ' Whilst he was slaving at tlip Coilee Palace, looking for'a house, hir: wife accused hir.i of drinking and eari'vimr on willi other women. That was fa'lse. Oik- night wh.-n Ik- was at home he proposed going out witii his brother. These accusations were renewed, and he stayed at home, writing letters. When hj" went out l:> post "litem she accused him of going out after women, but he insisted on going to the Eliot street pi)hir-bo.\. Mi- said. "If you do, old man, I'll follow you. an I shame you." lie went up the street at the height of his speed, she follow'm; and calling ••M-idmaii." tin the way he passed his brother talking to a friend. When he returned home the house was empty, except for 111- baby. Wh.n th" wife came home she went out. threatening to jump over the dill', lie search :d and found no trace of her, until she came out from under the house. She said she had accused him of badness because she thought a lot of him, but accused him here because people said ho was carrying on with other women. She declined to produce these women or to mime them, until she could do so at the proper time in court. She managed fairly well in the house, but had all his wages except for a shilling or so each week for tobacco money. Whilst she was in Hawera she wrote to him, accusing him of unfaithfulness. On one occasion she declined to buy food and cook meals, but when lie threatened to put her on 2s lid -a week pocket money and to buy the food himself, she "came round," and cooked his meals as before. Some time in August she ceased absolutely to do for him, and with the exception of a few days in September this condition of things obtained up to the time he left her, she even declining to do his washing for him. From .January, liXKi, lo September, when he left her, she had constantly accused him of misconduct, and all the disturbances in the house was caused by these accusations. Sometimes he was roused so that he swore at her. In August last he did a considerable amount of night work, and

used to get suppers occasionally at the Silver Grid (Talin's). Previously he had gone to that restaurant, anil his wife had followed, complaining she was starving, and trying to make a seen;'. l!e bad forbidden his wife to go to Die restaurant. On one Sunday Taliu told witness and his brother about his own domestic infelicity, his (Talin's) wife having run away from him. Then witness told of bow lie had been driven out to meals, Talin suggested employing a man named Feeke, in Talin's employ occasionally, to watch Die woman. Later, Talin introduced Feeke, to whom witness offered £lO for reliable evidence. One night he had a conversation with Feeke, as a result of which lie dispensed with his services. About the cud of August the respondent left the house on one night, and petitioner and his brother, William, followed her. They lost sight of her at Talin's shop, and watched from the double gateway opposite. Talin came out and looked up and down the street, and then the respondent came out. She went up Devon street towards the Red House Hotel. Later on, the two men went into Talin's, and this man denied Hint the women had been there. Some lime in August he bad been to a dentist's and had two wisdom teeth extracted. Went home to lunch, greeted his wife with a kiss, and said he preferred eggs for lunch. She said he couldn't get them, i and had only got bis teeth out in order to take all the eggs, lie got some, cooked them, and turned to put wafer in the teapot, when she smashed the egg and egg-cup. Once when she accused him of badness and misconduct lie returned the compliment, and she chased him with a carving-knife. She was continually accusing him of carrying on with women, alleged lie had been seen by others, and by herself, and that Miss So-nnd-So was coming out in silks and satins, bis money buying lliem. He had pleaded with her, even going into tears as lie asserted his innocence. On the night of a foot hall match., she said she had the sergeant of police outside. Xext morning she said the sergeant hid told her to split petitioner's head open, and she could not be touched for it. I He bad often, at night, seen his child's perambulator standing outside Talin's. On Saturday night, the 3rd November, he was going home when he saw Taliu and the respondent talking just inside the door of co-respondent's (Talin's) restaurant. Petitioner then mentioned having heard' a knock at his front door on the night of Monday. November 12. He and bis wife were in the diningroom, and she rushed to the door, calling out, "I'll be there ill a minute." She came in, put her hat on, and went out. He followed, openly, and saw her with a man. When he got close sh« cried, "11a, ha, ha!" and the man ran up Die street, petitioner following. When lie got home he asked his wife who Hie man was, and she told him to mind bis own business. Three day- afterwards, on the evening of the l.jih, he went with Free to the back of Talin's shop, at about 8.15 o'clock. They placed themselves at a small hack window. They could not see if there was anyone in Die resfaurant. They waited for perhaps ten minutes, and at the end of that time saw Mrs. Burrows and Talin come down the stairs, the man coming down first. There was no sitting-room upstairs, and only furnished room, a bedroom. He and Free then left. His wife had charged him with passing himself off to girls as a single man. On 20th November, lie went to Wellington, leaving bis wife an abundance of food, and live shillings with which to buy more, lie was only to be away fur about three davs. His'wife frequently said .-he had lieeil h-ilf-starvcd. The complaints were not jnsDficd. Met free later at the railw'av station. Thev went together lo Hi.- Silver (Irid, entering by Die side gate as before. There was no one i'l the shop, or in the kitchen. They waited for about ten or fifteen minutes, and then saw his wife coming downstairs, following Talin. His wife came home late that night. .Missed a wardrobe from his house, and found it on a Saturday , iu Wilson and Nolan's mart, lie stopped its sale, but disposed of it later. Details of a disgusting charge were then given, the petitioner stating there was , not a chimera of truth in the accusation. Since h.- had left her lie had al- | lowed her til a week, and paid her house rent of Ills a week, lie wanted . a divorce, but did not claim damages . from the co-respondent, as he could not take blood-money. He was in the bouse recently. Nearly all Hie furniture and the wedding presents had gone. His wife said she had sold them, and that the art ides that remained were sold, 100. The articles were strewn about even-where.

Cnllli-el flieil !i.:ni ;i ii.it :■)• »ent by the i-.-Hponclcnl to him in \Ycllim;tnn just before Christmas. In tli;il she asked the petitioner to ciiinc homo, mid offered to forgive llilll. "If Villi have II heart at nil, von will cmic homo." she wrote, adding'that she Imped Hi ilic in her coniinement. 1o sfi'l mil of h"i' misery. 'l'iilin. she Miiii. was (lie (inly "tic who would comfort her, mid thai she had ■-..one there iivinu several times/' She would nut believe tlmt (ieorgo would inicrfeiv will) il woman at nil. Tlis llimoy: Wl'"'s CionrgeV Mr. Weston: 'JV.liii, the cor-rospon-llcMl.

A-ein reading from the Idler: "I do nol'know who would fancy an ugly old man like him. I (.ulv know he Ins a ..nod heart. I'or lie has cheered me up nianv a time. I lould talk !o him like a father." In answer to Mr. Welsh. rniiiwd lor other things t.1,-i t. his earlv married life in .\.ickla,.d was nol nlio-olher Inniiy. a- lie was enuMaullv accused of -nin- nut will. oiler women, lie cmld not -IV Hint jcilnn-v N,a n the call-.e of that trouble. There was no reason for her gnin.j- on like that, lie had never been a victim of intemperance. On receipt of the letter from llawera he took ii to Mr. Wo-ton. who advii-ed him in

-make it un." lie made peace win her. on condition thai she would keep the house on CI a week, lie hail sec. the neighbors giving her food, and lie had a,so feen her eiviii"; the neighbors r,,,,d. She had ink! them »he was hal.'-.-tarved. First sii-portod her of inlideiil/ because she always accused him of it. Mr. Welsh: Didn't it look as though you were nfi'ering that old man l-Veke £lO to eoni'iict evidence against your wife, against whom you had no grounds fo- -osniclon what ever? Witness: J\o. When lie made bis bargain with

Feeke lie had never seen the man be fore, and Feeke bad not seen his wife, i-i.r did Ik know where she lived. Mr. Welsh: Now, Mr. Burrows, doesn't it look very like this: that you were ottering Feeke .-CN), not to produce truthful evidence, but lo concoct evidence?

Witness: No. Continuing: Talin was acting as his friend. A few nights later Feeke told him of a man who alleged the possibility of obtaining immoral relations wUh ids wife. Petitioner agivec. to get out of the way on the next night so that Feeke could watch for .losephs. So on the next night he. watched the house himself, and then went round to Devon street, where he found Feeke, outside Talin's, talking lo -Mrs. P>urrows. Told Feeke that his wile meant lo have a separation, and he thought be would let her get it. lie hid not then determined lo have a divorce bv book or bv crook, lie had forbidden 'his wife to go to Talin's. She tli'cred to pay Vive a guiaea a day. V, nen he saw bis wife come down the slabs in the restaurant with Talin he did not follow her, or accost her. On the 23rd, the second occasion, he w.inWd to rush in, but Fcke prevented him. lie hid never beaten or kicked her.

I Mr. Quilliain: At Hie first interview with Talin, he suggested Feeke. He had no reason then to suspect his wife, lie hid never proposed to Talin to get somfriend to seduce his wife in order {hut he could get a divorce. Never (old him he intended to starve his wile so tint she would do wrong mid lacilitaie ■■ divorce. Never proposed to Feeke that he should go round and "see what his wife was made of." Feeke did not refuse to have anything to do with (h----all'air. ltemeiniiered a conversation willi Feeke in dill street, but did not say. ■ loiir'e foolish not to dike Hint job on. It would be an easily earned ten pounds." He knew nothing of the second alleged adultery. The court rose at 1 p.m. Samuel Free, of Wellington, private emjuiry agent, said he had been engaged bv Harrows, and arrived in New Plymouth nt the end of October. The house occupied by Mrs. Burrows wis easily watched, on account of hedges and hillocks near. When he came hen he ingratiated himself with the co-re-sponuent. tin October u Mrs. Burrows lelt her house at 2.50, went to the b.l- , ver drill, and left there at 4.3(1. At (5.13 she went to the Silver (irid again, staving there till 7.35. She went homo then. '<!u Sunday, 28th October, she left her house at 7.-10 p.m., and entered (he Silver CJfill by the side gale and back entrance, lie could not see her or the proprietor in tile Kitchen at 8.30, but. she left there at !).!() p.m., and went home. lie mentioned several other visits made by her at various times. On Saturday, frth, she was at the ...1ver (irid from 7.50 to !).15 p.m. On the night before he had tracked her to the beach. That morning Talin said lie had been told that she had been seer. on die beach with a man on the Friday night, and he was going to ask her about it,' saying that if she did not intend to keep to liiiii he had done with her. On a subsequent occasion Talin said lie had asked her ami she said, "You know I .Vila at Chattel-ton's." On Sunday sh • was at Talin's from. 11.40 to 2.30; on .Monday from 3.30 to 5.10 p.m. Watched her go'in the direction of the Grid that night, but lost sight of her. Saw her arrive home at 11. On Tuesday she left the house at 7.45 and stayed at the (irid till 9.5 p.m. She was at the Silver (Jriil on Wednesday night from !) to 10.5 o'clock, but was not in the restaurant or the kitchen On the 22nd he saw Mrs. Burrows leave the Silver (.'rid at 10, Talin going some distance along Devon street with her.' He went to the mail train to meet Burrows, leaving his wie to watch the shop, and together thev went to the back of the Silver Uriil by (he side entrance. They could see no*one in the kitchen or the shop, but saw Talin and .Mrs. Burrows both come downstair> a few minutes uft:'"'Wiivds. She left there at 10.10 p.m. When lie was in Talin's upstairs room., Talin ollered (o let him one of the rooms at 4s a night. The conversation made, slighting refeience to .Mrs. Burrows, whom lie claimed as his particular friend. This witness served the writs on 'Talin and the respondent at Me Silver (irid restaurant, llrs. Burrows saving, "This is my home now."' He also told her she might have to apologise to a certain young lady with whom she alleged her ' husband had been "carrying on." When lie went wi'li Burrows to get his belongings he ti her it was necessary for liim to leave the bouse, Told h->r she could stay there and receive £1 a week and have the rent paid, or she could go into loard and lodgings, and have the uptiralcnt. She elected (o slay where sh? was. She then accused her husband about carrying on with women. Talin told witness once (hat Furrows was a -1, scoundrel; that lie hud tried to pill men on to watch his wife, and if he came into niv shop 1 would order him i.nt."' lie had visited Mrs. I'urroi"house last Monday. She told them she had sold the furniture to raise money to liuv clothes. By 'Mr. Welsh: Had the door at the foot of the stairs been closed lie could not have seen them coming downstairs, [lis remuneration was not dependent on his success.

To .Mr. Quillian): Did not take n bottle 01 whisky to the Kilvi-r <I rid. lie took small t]iijiiitlticrt from time to liiiu 1 . Talin had some, of it from time to time. Never suggested to Talin on one occasion, whilst Mrs. ISurrows was there, to givcyher some whisky. Elizabeth Free, wife of Ilia previous witness, corroborated this evidence.

Arthur Martinean Hurrows, photographer, rciuember.'d an occasion 0.1 which he had aeconi]ianied his brother home. The respondent called her husband a ''dirty, drunken little, sweep." [.iter Hint night lie saw her following the petitioner up the street, crying, '•Madman, madman.'' He liad heard her threaten to throw herself over the dill', and heard her accuse her husband of misconduct.

To Mr. Welsh: Respondent was very excitable, but not a little oil' her head. The parties had always lived unhappily, and the wife was to blame. Win. lint-rows, another brother, gave evidence of the wife's neglect of her home, husband and child, and of her late hours. Instead of attending to home duties she was generally lying about, lie had seen her threaten him with a knife, ami with an axe. tin:' night, after midnight, he heard her say good-ninlit to a man outside the house, after talking to him for some lime. Saw her run amok once, smashing pictures, and so I'ortli, and saying she was going to gel. a separation order and to live then with a man who would maKe her happv. She was always icceiving chocolates, and said she had a man wh.) gave her these. ISv Mr. Welsh: The respondent had desired him not to come to the house, but he came at the request: of his brother. She was not an excitable woman, but a bad ei.:-. and violcr'

11. 11. Billing, who was present wlien the writs were served, said that wliu Free explained that adultery was al-lem-d. -he :t-~ked if it vviv likely in her conditio;. Mr. Welsh, opened for the defence said he was not going to bold up tiie respondent as a model wife, anil he would confine himself as far as possible lo the charges of adultery. She would deuv these allegations, and if the adiiltorv were not proved, then all these details of d.nnvslic infelicity were, of no

Man- .'an Harrows, the respondent, who said that whilst she was living in Auckland with her husband the relations were all right. During the visit to Wellington her husband took drink against her will. Her sis|er-in-iaw was alwavs talking lo her, tolling her what she (.light and what she ought not to do. ■"-'he ri old never get. him' to herself. None of the unhaupinoss at home was due to her—it was her husband's fault, Aflir Mister her husband's I'.illnr, mother, end brother eame to stay with Ihmn nl New I'!', mouth, but they didn't got on verv well. When her husband took over 'the buying of iln- food he bniighl n pound of chops a day. bread and' butler for six mouths, lie brought

Mxp.-nn'urlli of potatoes once. William Horn,ws e.iuii' I" slav fmpionlly. about Iwiee n week, during the time she was being allowed half-a-evown a wind; to buv clothing. She objected to the brother coming, and sir told him to keep away. Her husband was out nearly

even- night till midnight and laic. She'complained that she. didn't like being left alone at night. It made no inherence to him. She had not sullicienl food. There were chops, but she couldn't eat chops because she suffered from indigestion. She followed her husband to (be Silver 11 rid once. Next day she wenl to Talin. and told him of her hu-band's neglect, lie was verv respectful Inwards her. She went to the Grid three or four times afterwards, exchanging eggs and waste-paper for food, such' as' Hull, ham, etc. She went often. She also did Talin's washing, with her .husband's knowledge, lie raised no objection. She look her mother there to dinner once, because there was nothing I to eat," Her mother was a boarding--1 house keeper in Hawera, an.: witness

I looked over TalinV. pi-.MiiirtfS. She vein i upstairs kiter '.villi her sister, just, after tliu aEricullur.il show, '("lint was in (he ■ afternoon. S'.e lv.nl also been upstairs : (Mi™ to clia:;:,.' h.w baby's .dolli-mr, as ' sin- didn't- like usim.; the kitchen sink. ■ Other ilniii i"i ill"-' 1 ' occasions she had ni'Vi'V been up.-l-iirs ill tlif house. There - was no tnitli in ill'.' charges of adultery. ' She lhid liei-ii 11 I'nit!>fill wife iihvny-.. Sin- li-.nl M'vii Free, mid knew In- was watching liev nt night. Sin- knew (lint in August, end (-iirisU'ii.'il liim "(In' spider'' Slu- saw liim conic into the Silver (irid Villi u hot He of whisky; and that was the livsl lime she had seen him. Sliolind seen him watching her in the streets, l".i! she li.id n.'ver seen his wife. As her hrother-iu-hiv.- continued In conic to li'T house ;i.u.iin.H< 1.-i- v.-ill she spoke to the police iibuut it, and n polieeninu cime up to I he house, lie, however, said hj" could do nothing as the uiiin lud cntereil ill- Inn ie and -.1 into bod. Wh n li'-r Imo.-n.l w.-nl to .Vcllimstnii in .Xo-'emiier lr- lei't h-r only ii little l.ivnd nn-1 live shil'dner.. Hoard n Hum <-"i Ihe vo.-.uiliili on the night of November 20. She w.is seared. The doors were -ill unlocked. Her Ini..bnml luul all the key.-, of the doors away with him. Sh • wen! to sleep in n eiiting posture, mid the lamp liiirnin-r. She li-.nl intended going (I ' ,v ' n l - il "■'■" v.-ern tint dav an she was so scnrul. Inn was too ill to go. Hxpected the doctor on the 22nd, bu' he did not u.me, :;-. he wns away in Aackbu'd. At about, three o'clock that day he went to the Skvcr Grid, a.\id .stayoU there till 7 o'clock. Talin was out at, a sale and some other gciiilcniun was in charge. When Talin came she asked him to bring "nor pram from home, lie did so, gave her sonic tea, and they sat and talked. She was not tiptairs that day. When she got home her husband was there, She went to bed without speaking to him, as lie had not been treating her right. On the 20tli hor husband didn't come home to dinner. There was only bad meat in the house—she had been too unwell to cook it, so she got some refreshment from a neighbor. A week after his return from Wellington her husbuud accused her of adultery and told her he had had Free employed us a detective. Free came to her house and said, "1 am Detective Free, from Wellington. 1 tell you your husband is going to get a divorce, on the ground of adultery. It will all go through the courts and the colony. V'ou can either go homo or stay here, or go into lodgings." He then told Burrows to pack up his traps and leave. "1 told him 1 was innocent, and that he could take me to court as soon as he liked, and X would prove it. I gave baby a few biscuits, saying, 'Here's your dinner; that's all there is.' My husband said, 'No, there's sago.' He went to look and found there was none." Free said, "Mrs Burroughs, you would be surprised if you knew what Talin told me. It is not a fit place for any woman to be in." Her husband took no part in the conversation. Ho had made no provision for the birth of the child. Just before lie left her husband struck her across the face and kicked her in the stomach.

To Jfr Quillinm: Her oljject in going to the Silver Grid was to find out how her husband spent her earnings. Her mother paid 'J'alin for food supplied. She also instructed him to supply respondent's needs at her (the mother's) expense. V,y Mr Weston: Her husband had at first been a good husband to her. Their recriminations were mutual. She made allowances for the worry of his work. Her husband constantly accused her of having her 'fancy man" to meals during his absence. She always cooked his fond properly when she had the allowance of a pound a week. On one occasion her husband and her brother wont out to dinner, leaving her 'only a little dry bed in the house. Her husband stopped her credit. She had always been economical, with the idea of buying a house of their own. Witness admitted that for live or six months, when he was allowing her only 2s (id a week, her husband had to cook and wash clothes for himself. Her mother had bought nearly all her clothes, and her baby's. She didn't like going to Wellington because her husband's sister "was always pecking at her" and interfering with her. When she wrote toiler husband from Hawera she was so worried that she hardly knew what she was doing. He had promised her—she had made him promise—before they were married that he would never touch a' glass of drink or go to races. He had broken that promise. He bad told her he had other girls; that he could marry a. Sunday School teacher: and (hat his "moll's" name was Violet. Her husband hail done all he could to drive her from her home and at one itime had thrown a box at her, cutting her head open. Was ashamed of the letter, ami had she kinwn i< would over be put in courl she would not have written it, but she wrote H when she was upset. She wrote another lo'ilcr to Arthur liurrows (produced) because she was afraid that her husband would pay Arthur Burrows to tell lies about her. She mentioned in the letter that she would lie glad to let her husband get a, divorce because there were plenty who would want her, and that there was no one in gaol worse than her husbaira, whom she referred to as being "downright low." Other statements made in the letter and upon which the writer (respondent) was cross-examined are unprintable. .She wanted a separatum from her husband. She wrote:

"There is someone who would be proud of her." In cross-examination 'she acknowledged that tlio "someone" did not exist.

Petitioner's counsel put in a letter from respondent, written after the other letters, in which she asked her husband to return home, and that she would forgive him all, that was if he treated her as lie liad in Auckland. Kespondent said this was quite true: she would hare welcomed his return. Iter husband used to rob her of her food, Jienee she had often to cat her food away from the house. She made an unnatural allegation against her husband and his brother She admitted that she had gone to Taliu's place; once to ask him to get a policeman to put her brother-in-law out of the house. She always went to Taliu'S place by the front door. The reason why she sold the furniture was that she wanted the money and wanted also to keep her brother-in-law away from her house.

At the conclusion of the cross-exam-iuat'on, the foreman of the jury intimated that the jurymen would like William Stanley, mentioned in the Evidence, subpoeaued to give evidence.—' Counsel for respondent intimated that this would he done forthwith, and at 10.].") p.m. the hearing was adjourned till 11) o'clock 'this morning.