A YOUNG COUPLE'S MISTAKE.

Taranaki Daily News, Volume LIII, Issue 133, 14 September 1910, Page 3

A YOUNG COUPLE'S MISTAKE.

ENTER THE BOARDER. EXIT THE MARITAL TIE. How many divorces have been brought about by the introduction of the boarder, male or female, to the homes of young married couples it would be hard to say. Such a chain of circumstances led up to the suit heard in the Supreme Court yesterday before Mr. Justice Edwards and a jury of twelve, in which George Baslett Mattock, a young man, sought to annul his marriage tie with Caroline Theresa Maud Mattock, on the ground of adultery with one John Cook, who was joined as co-respon-dent. The petitioner also claimed £SOO damages against the co-respondent. Mr. Roy appeared for the petitioner, but the other parties were unrepresented. The following jury was empanelled: Ernest Ward, Jas. MeLeod, Alfred G. Nixon, John Parker, Fred. W. Cornwall, Walter R. Cave, Win. C. Eliot, Harry Linn, Peter D. McGregor, Alfred Lee, Gustav Sole, G. R. Kyngdon (foreman).

COUNSEL'S OPENING. Mr. Roy said that this was a case in ■which the petitioner claimed a divorce on the ground of misconduct. The petition set out that on September 3, 1903, the petitioner was married at Inglewood iby the Rev. S. S. Osborne to Caroline Maud Theresa Fenton. They lived and cohabited together at Lepper Road, near j Inglewood, for about a. year, afterwards I at°lnglewood for six months, and then went to Tarata. Two children were born of the marriage. One of them, the daughter, was living with the respon- ' dent, and the second died in infancy. In 1J)07, without his knowledge or conj sent, his wife went away, taking the i child with her. For years he heard nothing of her, but in July of this year ' he located her at Tahana, near Wellsford, living in adultery with John Cook, in his name. Cook, .prior to October, 1906, resided at Tarata, but was now employed on the Government railway works. Petitioner was -suing for divorce, for custody of the child, for £SOO damages from the co-respondent, and that the latter should pay the costs. Mr. Roy further explained that at the j time of liis marriage the petitioner was j *23 years of age, and the respondent 20. At Tarata I THEY HAD A NEIGHBOR. one John Cook, who was considered fairly well-to-do. A friendship sprang up between Cook and the petitioner, and it resulted in Cook, who was unmarried, coming to live with Ma ttock as a boarder. As there wifj.s not work for two men on the place'in the slack season Mattock went off to fell bush. He came back after a' while on sick leave, having injured his 'hand. He went away again one morning, promising to be back next night. When he returned his wife had gone, but Cook ''was in the house, and informed him that Mrs. Mattock had gone to Inglewood, probably to her mother's. Petition was a bit upset. After a time Cook said, "Very likely she has left a letter for you. Suppose you look under the lpokingi-glass." HUSBAND FINDS A LETTER. He looked, and fqund, a letter there, stating she had left' him for good and all. It was strange that Cook should know all about that letter. Petitioner went to Inglewood, came back, and sold out. He began to',endeavor to trace his I wife, followed' her; to Mangorei, where | she was living wjtn,C6ak, and there was : a scene. His wife came back to Inglewood, and remained at her mother's until after the birth of her second child. Then she went oflF with her mother, and took the child her.., In view of the letter he had reeved, the husband did not write or try very hard to trace her, ■but went into the bush again; When he came back, he set out to find 'her. The petitioner gave evidence. When he reached fhc-poirit/'of his- departure for the bush on the first occasion, His Honor expressed surprise at the proceeding. . 1 * too many Partners. j

Why didn't you; stay and look after your wife? life' a'Akefl, ' aaifl the witness replied that he' ciilne home on Wednesday and Saturday evenings. Cook continue^tft.ljve ; yvitU your wile? —Yes. He was % boarder, and my partner. Besides, there was a boy there. His Honor (with .a, sniff),: A boy!

Why didn't Cook go and chop the bush, and let you stop where you should' have stopped,'to lop]s after your wife? —That's more, .tl^aji 1 '! cah f say. But I had to go and edrh softie 'money somewhere to keep things going. Cook looked after his own place. We had a few cows, and we shared half and half. Continuing his evidence, witness said that when he returned from Inglewood, after discovering his wife's disappearance, he said to Cook, "I believe you know something about it," anil he replied, "No, I don't. I haven't any idea at all. It's most likely she has cleared out." • •

HER LAST WORD. The wife's letter was put in, as follows:: —This is to bid you good-bye. As we do not agree,. I think it is best \vc should part. You need not think that anyone has led me away, for it is not so.. I intend to go south to some of my friends, where I will be able to work and keep girlie and myself. I have been saving up every spare penny for some time, knowing that some day this would come. I have taken a few shillings of what you had left to make up the amount. I cannot bear that you should keep' accusing me, as you have done when you had no cause. . . Do not think that Mr. Cook has had anything to do with this, because all lie knows is that I am going to Inglewoorl. You can tell youi- mother anything you like, but do not try to see me again. I am not leaving you for anyone else, but you have yourself said that as we could not agree'it would be best to separate. Now, my husband, do not come after me, but if you can find anyone to fill my place you are welcome to do so. Now, good-bye. I hope you will be better pleased, as it is now as you have wished it to be—Your wife, MAUD. His Honor: Is that true? Had you been accusing her? —Yes, I had accused her once of misconduct with Cook. I had my suspicions. And you told her you had better separate? —No.

l T ou suspected that she was getting too friendly with. Cook?— Yes. For how long?—He was only wrtli "3 for three or four months. And when did you start to suspeer,?— A few days ibefore she left, whilst I was at home with a bad hand.

• And! you went away and left t'r.i-m together?—l was only away one da.'-. Petitioner detailed how he trnej-1 Hs wife to Mangorei, and after waiting at 1 a farmhouse where they were staying he I saw her and Cook ooming over fron the Iback of the farm'.' He accosted ihe.n. took the child) from Cook, and athmptI ed to strike ihim. Tlie Hvoman hid no- * thing to say, except that she toll him I not to hit Cook. He told them ha had gueßsed that this was going to happen.

It was only what lie had suspected all the time. He didn't know what ron'.v was | made, lie look "giliio" from then, vid ' left her with his parent-. Respondent's: moth :• thin took his wife home with j her until January. 1!M)7. when she was I confined. He calied in and saw his wife J whilst she was ill, taking with him the | little girl whom he left there at his j wife's request. Whilst he was there his i wife told him. "You needn't think I'm I going awav with Cook, because I'm not." He went awav for a week, and when he i returned she had gone with her parents, without his eonsent. He had offered her money, but she declined it, and he had been willing to take her back. He went away himself for eighteen months, drovjn<r in the Wanganui district. He did not write to his wife.

HIS HONOR INCREDULOUS. Honor: Yet you expect the jury to helieVi that you intended to take her back! Why didn't you write to her mother?—l did, but got no answer. His Honor: Why didn't you write to her father?—He wasn't her father, but her stepfather.. He was a ganger in the public service, and you could have found him easily, remarked the Judge.

"STILL ALIVE?" . Petitioner said that a few mouths ago he had heard of a telegram that had been sent to Constable Dudtly, at Inglewood, asking him: "Can you tell me if George Mattock is still alive?—T. M. Cook." From that telegram he had traced his wife, and found her living with Cook as before described. Cook was supposed to have gone to Canada. He had some means, having sold out two farms before leaving the Inglewood district.

ilis Honor said the co-respondent's wealth, or want of it, had nothing to do with the matter, and should not influence the jury, who had to decide what damage the petitioner had suli'ored, and what was the value of a wife to him, which did not appear to be much. Percy Chapman, who had served the papers on the parties, said that Mrs. Mattock remarked on that occasion, "He can do his worst, so long as he doesn't take the child." Had he not known to the contrary he would have taken them for man and wife. "ARTICLE DIDN'T SUIT." His Honor said the jury should have no trouble in deciding that the adultery hiii! been committed. They had also to decide whether the petitioner had suffered any loss, and how much, and if he had contributed to it by his own conduct. How a jury could satisfactorily arrive at that was more than he could explain. One couldn't buy a wife as he would an article of merchandise, although it was said that if a man were wealthy enough he could generally get a girl to marry him. This young man, however, married a young woman, and then brought into his home another young man, whom he took into partnership. Then lie went away, leaving the two together, although he had his suspicions. What happened was what might have been expected to happen. His Honor asked if it was a nice thing to try and make money out,of, seeing that the man had evidently not- tried to look after his wife? Did it appear that he had suffered a fatal blow? Wha.t did he do? He had found his wife gone, and he let her go. Had he intended to take her back, when on his own statement he went away into the bush for eighteen months or two years, didn't write, or send n:oiu-y to her? And now, naturally enough, he wanted to get rid of her, but he wanted also £SOO for getting rid of an article that didn't suit. NOT EVEN A FARTHING. The jury retired for five minutes, and returned with a verdict that adultery had 'bet n proved, but that the petitioner had suffered no damage. I A decree nisi was made, to be made absolute in three months, with costs against the cO-respondent on the lowest scale.