SUPREME COURT.

Taranaki Daily News, Volume L, Issue 59, 23 March 1907, Page 3

SUPREME COURT.

NEW PLYMOUTH, FRIDAY, MARCH 22. (Before His Honor Mr Justice Cooper), IN DIVOKC'K. The hearing of the divorce proceedings, Burrows v Burrows and 'l'alin corespondent) wan continued. lir. Home gave evidence as to the improbability of the committal of the offence whilst the respondent was in suel a state. Jane Buckland, of llawera, mother of the respondent, said Bhe had visited her son-in-law's house last Easter, and found that he and his wife were not netting along very well together. She was there again in October, and matters h id not improved. On that' occasion there was nothing in the house, so she and her daughter went out to the Siiver Grid to dinner. She told Talin she was

in business as a boarding-house keeper, and he said he had an id<*a of tit ting up his rooms for boarders. At his invitation they all went upstairs to see the rooms. In conversation she ti.ld him her daughter was short of fowl, ant that he must not let her want. She ottered to. pay him for any food he s.upplied, and she paid hint then for what lie had already given. Whenever witness came to see her daughter they went to 'l'alin's for meals, as there was never anything in the house. Witness did not get on very well with Burrows. Her daughter, the respondent, appeared 10 suffer a great deal in the months prior to child-birth. To Mr. Weston: She did not live witli her husband, but lived>in the same town. She had never known Talin before she went there to meals. Talin seemed to be a very kind-hearted man. All she could see in the house was a little bread and butter. She generally stayed there for a day or two at a time, but never spoke to her son-in-law, for she didnt want to quarrel with him. She remembered her daughter writing a letter from her (witness') house in Hawera to her husband, and as she was in an -excited mood she warned her not to write. During her, present visit to Xew Plymouth she had stayed with her daughter and with a lady friend, and had liad some meals at Talin's. Her daughter had written to her, stating she would not leave her house, advancing as reasons that her husband had tried to drive her from it, and because she had engaged her nurse and doctor. Emma Jane Gibson, wife of Win, Gibson, in Hawera, and a sister of Mrs. Barrows, remembered staying with her sister in New Plymouth at last show time, at the end of November, staying there from Wednesday to Saturday. Burrows was there. She went out with her sister whenever ahj/f went out. She liad seen respondent taking eggs and washing to Talin's frequently. Kemembered Talin taking her sister and herself, Mrs. Burrows carrying her little boy, to see the rooms upstairs. Her Bister suffered a good deal at this time. There was no secrecy about doing Talin's Washing; she did it in front of Mr. Burtows.

To Mr. Weston: She had not always been on good terms with her mother. On her last visit she had tried to make peace between Burrows and his wife. She could not remember what was said by either of them to prevent a reconciliation. William H. Holding, a railway guard, Burrows' neighbor, next door but one, said Burrows and his wife were on very bad terms with one another. He ili-n-ed her, kicked her, and punched her; and called her dirty, filthy names. He had seen it and heard it frequently in the evenings some few months ago. She was pregnant at the time. Burrows spoke to him several times, and on one occasion Burrows came and said, "It wasn't me that pulled up the peas."' Then he said his wife wouldn't give him »»y eggs, and other tittle talk. Told Burro** he wasn't interested. He had frequently Keen Free walking up and down near Burrows' house. He had Been clothes hanging on the line at Bin - rows'; there were cook's aprons amongst them. To Mr. C. H. Weston: He was a married nun. His hours were very irregular. He worked "all hours." For sonic-

time recently he had had fairly regular . lours, from Btos, at the goods sued. Be had heard the parties quarrelling, and, with his neighbor Hammond, had watched them through the windows. This happened in the spring. He saw Burrows strike his wife across the face with his closed fist. He hit at her several times. He could not swear the fist was clenched. She tried to get out of the way, and ran oft'. On another occasion, in the same room, he saw Burrows kick his wife. He did not go to Her beip. The witness remembered seeing Free gbout Buller street St night, between 9 and JO o'clock, lie very seldom went out in the evening, as he had hobbies at home. He did not knock about the house. Horatio Claude Hammond, Burrows'

next door neighbor, said he had often heard Burrows and his wife "rowing."' He had seen Burrows hit his wife and kick her ou more than one occasion. Holding was with him once when he BaW this- Burrows struck her with his open hand across the face. He had heard him calling her filthy names. (Witness repeated some of the beastly epithets.) He had often seen food going from his home to Mrs. Burrows, as she represented that she was starving, and they knew her condition. Burrows had complained of her treatment of him, and witness said, "If you can't get on to- , gether, why don't you, by mutual con- j Bent, get a separation order?" Burrows had just bought a child's cot, and he answered, "X don't know whether I'm doing a wise thing in buying this child's cot. Why should I put my money in my home, when I shall want it in th™ divorce court before long!" To Mr. C. H. Weston: He had seen Burrows on at least three or four occasions strike his wife. He had seen him chasing her round. There was no play about it; he could te)l that by tlie bad language. He had never seel) marks on her face. She had often come to his house, complaining that "the cruel brute had been hitting her again." She liad uaid that when her trouble was over she was going to sue for a separation order. She could not Btand it any longer, and she had had enough of it. Had heard Mrs. Burrows complaining of want of food, and they had given her "dozens and dozens" of meals. That started

Jong before he saw the man strike her, it was some time in winter. Mrs. BumrWri insisted on their taking gifts of eggs in rstnrn. so thai she would not Jje under au obligation. SViliiam Stanley, ft butcher, suljpoenerf as a witness at the request of the jury, gaid lie did not know Free. (I'ree stood up.) He had never seen him befme. He had been at Mrs. Burrows' house since her husband had left her. He had had a conversation with Mrs. Burrows fji the street, and oji account of that conversation he went to the house. To hi* Honor: He had heard (here was a detective, or spy, or pimp, of sonic gort, and he wajited to see what mo-i of a roan he was, Jt was between » and 10 o'clock. Ileie the laws- of evidence prevented Mr. Welsh going furtner with the witness.

Mr. Weston: I'll take the bull l>v the bonis, your Honor. Hl« Honor then read out lii.-s note- (■: the evidence given by Mrs. Uni-row*. ghe had sajd Stanley hail met her i" the street, and told her of a conveivation with Free, iu which the deteeti " Baid lie had got. nothing again-d -Mi'-. Burrows, and that lie and petition-.-!' .Were R°ing to give a mail mi(! to tempi her. He said, "Don't be afraid of them. Hi come up to-night." She told liini to come U the davtiine if he were comm.:! »t all ft* night she he:,,,! a to,* nt the front door of the limine. .h< opened the door, aH(I Stanley there He. put his foot to prevent lipr closm;; the door again. He said he hud been speaking to Free and Burrows. she asked, "What's Free like? Is he baldheaded?" Ik' answered hy saying lie wax down to the corner to see him now. l>ut first he wanted to coin'* jii to show Free what he 'i:id done. '"Bei;d that kid out;' he ?aid, referring to a girl staying there. "Take the into the last room with you." Hi* v,v..; very anxious to come in. hut she ken' liiiti out. lie then wanted to <ro through the bouse, and out at the Un-K, U\t -he told him to go away hy the way he came. Witness said he could not remember anything about it. » His Honor: ]>ut you couldn't forget a-i eAraordinary interview like that. Yo-.i must remember it if it took pl-.Ke. Witness said b«» wan under the inlhience of liquor that night. Mr. Weston: Are you prepared to f ay tliat is true or not? Witaess said that if Mr*. Burr.nvtad said it, he supposed h.' couldn't contradict heir. But he had no reeoll - tion of the occurrence, and he repeated lie had never seen free until he raw Jum Jn court. Mr; Weston: la that case you told lier

Witness again explained that lie was ilmnk that night. .Mr. Weston: And Jo you expect us to believe you when yoii say you don't know whether this occurred or not? George llnckland, brother of the respondent, working at the breakwater, said that his sister had come to see him on 21st November, Hawera show date. He would have accompanied her, but he had work to do early next morning which prevented him. Mr. Qulliam, without addressing the jury, called Henry Keeke, a tailor at Xew Pl.v-

mouth, who said he remembered seeing Burrows at the Silver <!rid about the end of August last. Burrows was having his tea. Talin told him that liurrows wanted to see him, and he went into the "box." Talin followed in shortly afterwards, and heard the conversation. liurrows tuld witness that he was in truiibl.' with his wife; that she

would conk li'i meals, and do no washing for him: mil thai he had to come to Talin's for meals, as lie couldn't stay at home. He suspected his wife of carrying on, aii'l he would make an offer, if Foeke would accept it, of £lO, to go round and see what his wife was made ot. \\itness said a job likff that wouldn't suit, him, and Talin said, "Xo, don't hive anything to do with it." Burrows said he was to go round and try. and let him know in a day or two, and if it worked out all right, "he would bring a witness with him, and catch me in the act." Burrows said it would he easy tor witness to get out- of the house, and that no one would recognise him, and his name would not be mentioned in the divorce ease, for which this, was needed, lie refused definitely, lie didn't know Mrs Burrow?. Saw her about two nights afterwards, when he was coming out of Talin's shop. Uc had a conversation with her. On other occasions Burrows referred to tins matter. He did so several times at Talin's, but \ witness would have nothing to do with J it. Burrows luid referred to it at wit-

ness' gate in Oill street. Tlie.v walked down the street together, and "liurrows

I told me I was very foolish not to take the job on; that it would be a very easily earned .€10." He was often at Talin's at night, and on occasions helped there. Did not think Talin had a regular assistant at the restaurant, so that it" Talin were upstairs whilst the restaurant was open there would be no one to attend to the customers. He had seen Mrs. Burrows in the place once—in the front shop, talking to Talin over the counter. To Mr. Weston: He had been in the restaurant nearly every evening since Talin opened. He was generally there

from 0 to 0.30 p.m., and about 10 o'clock. That was the busy time. Was sorry to see Talin in this plight. He would help him, hut would not depart from the truth. He had spoken to Talin about this matter. He was a. perfect stranger to Mrs. Burrows. Did not tnink he could have accomplished Burrows' mission. He was perfectly serious, and telling the truth. Burrows' request was not merely to get evidence on which a divorce action could be brought. (Petitioner's evidence was read to witness.) Burrows had mentioned his suspicions of Joseph, and asked him to get evidence about that by watching the house. At the first interview there was no mention of watching the house. He

had arranged to meet Burrows and Free at the post office, and he did meet them. He was emphatic about Burrows' first instructions, and was not shaken on that poiut. He was naturally surprised at such an offer, and refused it point blank. He should have punched Burrows' head for it, he supposed. He could not tell to this day

where Burrows' house was. He did not agree to watch Joseph. He absolutely declined, saying "a job like that won't ! suit me." He had never told Burrows (bat it was a great shame that his wife should go to Talin's every day. -He couldn't have said that, for be only saw the woman there once. He met Burrows and Free, and Burrows asked him to give Free "all the good information he had about the case," and he said he had none. He had never spoken to Burrows since. Remembered Burrows saying he didn't intend calling him as a witness. He did not tell Burrows his evidence, if called, "would be for him. and not for her."

To llr. Quiiliani: .Tosep' worked at the same place as Burrows. George Talin, the co-respondent, liorn in Austria, and now a naturalised British subject, aged 58, said he had been in the colony for thirty years. He hud never Ireen in- a'Court charged with the committing of any offence whatever. He had been in New Plymouth for four years, aud bail taken over the Silver

Urid. then unoccupied, in lime last. Burrows and his brother came to bis place oil a Sunday in August, and in conversation Burrows asked if he was a married man. He said, "Vcs, and, in reply to a further question. Burrows said lie lad a "b of a home." 'That he was always being accused of one thing and another by his wife; that he iiad no meals cooked, or anything else; that was why lie bad to conic there for meals. He came) often and always complained. Witness said,".My good man, if you are so miserable, why don't you make it up with your wife';" lie did so. but only temporarily. Burrows said the only thing he could do was to get rid of her by starving her, and keeping money from her. to force her to do something wrong. On one occasion Burrows asked if he could get anyone to seduce his wife, and witness said, ''l know no one who would accept a job like that." Burrows suggested Fecke, and witness said he didn't think Feekc would touch it. One night Burrows saw Feeke, and asked for him. Thinking the conversation would be on the usual lines, he stood by and heard it. Burrows said, "Would von mind taking a job to make a few pounds easily? Would you mind going up to my place to sec what my wife is made of!" Feeke said, "That job won't suit me," or something to that effect, as lie was of a respectable lamily, and didn't want to be dragged into such an affair. Burrows assured Feeke that he need not appear in the matter, so long as he could be caught in the act. Witness said, "Don't have anything to do with it." and went into the kitchen. He had seen petitioner and Feeke talking together after that. He got to knowMrs. Burrows about live or six weeks after Burrows' first visit. First saw her talking to Feeke in front of the neighboring shop, and she came into his shop next, night to find out why her husband caiue so often to bis place. He could not help noticing her condition. She stood ill the shop, outside the counter. She came three or four times, and asked at what hours Burrows came in. She said he had lio right to spend money in meals at the restaurant whilst she was at home starving. He saiil he could not refuse the man's trade. Remembered Mrs. Buckhind and the respondent coming to the "llrid," and the former told him to supply Mrs. Burrows with ham or friend lisli, or anything of that kind. .Mrs. Burrows asked him to save her the scraps for the fowls, and he liotight eggs from her. She also asked if she could do his washing. When respondent and her mother were there the

talk turned on the business, the rent paid, and the number of looms, and they inspected the rooms. He had no assistant other than Feeke in Xoveill-

her last. Five, when he came into the *hop first, offered viln-ss some whisky, and lie produeed whisky at nearly every meal that he had there, Free surested once that Taliu should oiler Mrs. Harrows some whisky, and he said he would he very sorry to do so. lie emphatically denied the alleged adultery. To .Mr. Wo ton: ilis lirst wife died in Austria, and he married airain in ! New Zealand. She lei'i him at New Plymouth. when he was .">1 years of a t i:e. He had been a sailor iji all quarters ol • hj" ulohe, and had worked Jor wmm time in Sew Plymouth and neighborhood heIV« iakiii l : over the r iiv.-r Crid. ilis hi!-:. I M lime ua- in ill,' evening. lie very often had conversation- \ v iih lUirrow- in his re•ti-.uram. for he tame lor I hi- lea at a tim • when ih -re were ! '-w customers ahorji, They talked of Unrrows 1 matrimonial t rouble-. ;,nd \\}[. iil'ss advK-d him to "make ii up." liurrov.'rv had a.-,ked him if lie could anyone to go to his wife, offering t.'iu for a ;start. and would pay him \\ei| if hi' could about such ini-v*-in ;i-i would make a divone i! k sulJi a was imi ri-Id. Mr. Weston: Hid you turn iii.n « ut | for making such a i-.u^csiion'.' Witness'*: Xo, certainly in»t. Mr, Weston: Didn't you feel inclined to let out at him? Witness said it was none ol his husiji% <s. fie had told Mrs. Burrows of this proposition to Feeke. He look n:> pari iu the conversation. He followed leeke i;:l•» ilie box in order to warn him e.'.'ain-'t takinu the empjovment that he ■■*n-;-"fte-| would he ofl'ere.l. Witness n.'v.'r sii";i-;-'ted 1.0 liurrows 11mt he !■ new of a man who vonld waich the vniii in. lie <lii[ nut think it absolutely improh.i!,i" th.it Ihirrow-; should make such a >m_'::i-! ion. He had read or heard of wojse. He was not {joinu - lo say it was a manly surest ion, hut was certain it was made, lie was unite sure tJwt IJunws never asked Uim if his

wifc had been there. AYlien Free said i Mrs. liurrows came in by the side door J lie told a positive lie. Ib- didn't know | whether the gale was locked or not, but ' lie believed it was generally locked at night. The gate belonged to the next place, anil he had not had anything to do with tlie gate, lie didn't warn Mrs. Burrows of her husband's intention—it was none of his business. Free's evidence was ui pints untrue. It was untrue that he had oll'ered to let Free a room for immoral purposes. It would be impossible for her to come in with the perambulator by the side-gate. Any badness of which I'ree spoke was absolutely untrue. He was never upstairs at night with a lady, lie was neve]' upstairs with one woman by herself at any time. When Burrow's and I'lee said they had seen witness and Mrs. Ihtrrows coming downstairs no two occasions, that'was another lie, positively. Most ol the evidence given by those two men concerning liim was untrue, lie was not at a sale with All's. Burrows. She was sitting in his kitchen when he returned from Ilia :iale. She usually sat there, as there was mnre room there, lie was often iu auction rooms, looking for croekerv or other things likely to prove useful to hitn in his lm-ines-. ami .Mrs. liurrows usked him to take notice if the furniture she had entered for sale was still there, \Mien Free served the writ on .Mrs. Burrows he did not heal' what was said. Free was in his place seven or times, lie took the man upstairs because he wanted to gn. He did „ 0 t think Free was up there twice. When Mrs. liurrows sold the bed she said her object was to prevent young liurrows going to her house to sleep. His object in buying it was to be able to give a bed to young fellows who often "asked tor beds. When she oM'ered it for sale he suggested Burrows might object, but she said that she had an interest in the furniture herself. Free told a lie when he said she was two hours in his place on October 27. She was never for two •, hours iu the house at any time. She was never at any time in the evening an hour at his place. She was at the restaurant "a good few times/' lUrs. Burrows never paid for meals or what she got. Mrs. Bucklaiul paid him 13s or 14s for Mrs. liurrows' meals. The rest of the food was paid by Mrs. Bur-, rows by supplying eggs or by doing his washing. He was never out with Mrs. Burrows.

Witness asked his Honor to note Hint his wife had not left him on account of misconduct. Counsel addressed (lie jury. His Honor slimmed up. 'i'liis ease, he said, was a deplorable one, and one which presented many extraordinary features. The whole of the evidence given for the petitioner, with the ex-. eeption of the clerk from Messrs. Weston and Weston's oflice, was that of interested persons. The chief witness in his case was that of a man carrying on the business of a private detective, and evidence of that kind must he closely scrutinised; it should also he corroborated. On tile other hand, the evidence of tile respondent and co-respendcnt was also that of interested persons. The evidence had shown that, whether or not a, matrimonial offeuee had been committed, this was an ill-assorted marriage. It might be a very charitable thing in one way, assuming that adultery had not been committed, if l)y some means a dissolution of the marriage ties between these parties could be granted. But tlie jury must not lei this inlluence them in their decision. From the letters written by the respondent they could gather that she had not a keen sense of morality. The unhappy relations at home seemed intensified when tire petitioner himself took over the catering lor the house, allowing the respondent only 2s (id a week, ilis Honor said that undoubtedly perjury hail been committed on one side or (lie other. Feeke's evidence conveyed the revolting proposition—revolting 'lO any proper minded man or woman—from the husband to some person to not exactly concost evidence, but to trap his wife into an act of adultery; whilst, on the other hand, they were told by the petitioner that Feeke was employed liv him for the purpose of watching his'wife, an 1 that tlie petitioner was willing to give £lO for reliable information. This proposition, whilst less revolting, was not very high class conduct on tlie part of a husband, even (bough he was driven to straits, Regarding Free, lie was a private detective, and his conduct, even according to his own evidence, was highly reprehensible. "He goes there, to this man's restaurant, and three or four days after his first visit, although he hail never known him before, practically asks him to allow his house to be used for immoral purposes." The proposition came from Free, nut from 'latin, and they would have to consider its bearing on the value of Frees evidence. They had il that Free asked for the rooms, and ascertained that the change would be -Is a night. If was diiiicult sometimes, said his- Honor, to speak in moderation of conduct of such a characThis man ingratiated himself with I alin, and calmly made this suggest ion ■ and, sooner than allow the bottom to fall out of this scheme, said iu court that lie was willing to take his own wife there and thus lay her under the suspicion of prostitution. Free then went on to attribute to Talin statements implying that tlie restaurant was practically a brothel, and that, any woman who went there and Avas alone with the keeper of the [dace was there for no good purpose. That implication was the natural result ol lice's evidence—if tlicv believed it. it also amounted to a confession on the part of Talin, but it was totally denied by him. A man such as Free, who would go to a restaurant and ask about rooms—as he himself said he had done—and was prepared to take his own wife, and thus lay her under the stigma of prostitution, was of low-minded morality. And it showed to what extent lie would go in following up their private enquiries." Jf they believed Free, then the adultery was proved, but if they rejected it they weakened the petitioner's ca.sc very considrably. Free also told them, and this was supported by Burrows and Airs. Free, that the respondent was often at T'alin's, and that on two, probably three, occasions she was upstairs for a considerable time at night with Talin. 'l'liis was denied. The respondent had told (hem that she had never been upstairs alone with Talin at night, and tii.e co-respondent said the same thing. If the jury was satisfied Unit the respondent had been upstairs together in that partially furnished place, staying there for any length of time, moil they would be perfectly justitied in concluding that all act of adultery had been committed, not withstanding the (ondilion the woman was in. J!ut if they considered this evidence was trumped up, and that it was improbable that a woman ill that state would carry on in such a manner, men il streii"lliened the respondent's and the co-respon-dent's denial. It' they believed that petitioner left the respondent well provided witil food, her frequent visits to 'l'a 1 ill's were not justifiable. If they found. however, (lia( he had not left her siillicient local, and she really went for meals, taking bini eggs and doing his Washing for payment, ami that her mother paid him something, then her visits would not have the sinister meaning that they otherwise would have. After referring to the extraordinary letters of the respondent, his Holier said lliat il was evident from petitioner's evidence that he was anxious ti> oluain a divorce, and that he had used filthy and obscene language towards his wife. The jury had a diiiicult case to decide. Our side must have committed perjury. The jury retired at six o'clock, and returned a S o'clock p.m., and, ill regard to the two issues submitted to them, "whether .Mary Ann Burrows uinmiilted adultery with (ieurge Talin." and "whether (leorge Taliu committed adultery with Mary Ann Burrows," an sweivd iu the negative ill both cases. 'flic petit ion was dismissed, and tln , pel il inner ordered In pay costs to iln respondent. tje."), ;liJ) ] f,, | | u , eo-respon- . I deal L'lio. wiih witnesses' expenses ami . other disbursements.

A YOl"i UK HtUCKII. -V M-iovi lad. nan.i'd Knpe, apparently iiboiit i'oui'lc* n years of came up fo» .-enieijee i.n a charge ol' and u'aerin-- a < lif pie at W'aitara. ' Mr. \\\ C. Aia lone (M ,loiia. Aiuler-uii and Jtduisloiiei. and with him Mr. W Hi-'--, appeared for the accused, and a-ked thai iie hr dealt s\ U1 * under the provisions of the duvenile offenders' Act. He explained that the crime had been eommiited at the of white man. who persuaded th" boy I i (ill iu a cheque hj" had fouml. The probaiion oliicer's report was that the boy had heeu w<dl h'diaved, and that he the accused was innocent of criminal intenl. Ilis Honor admitted the hoy to probation for a period of twelve months.