DIVORCE PETITION.

Taranaki Daily News, 18 May 1918, Page 6

DIVORCE PETITION.

HARVEY VERSUS HARVEY. A QUESTION OF DAMAGES.

A petition for divorce was heard at the Supreme Court yesterday before his Honor the Chief Justice (Sir Robert Stout) and the fullowing common jury: —Messrs J- Richardson, A. Cathro, C- F. Bariball, D. M'Kee, C R. Adams, A. J. Frost, H. L. March, E Robinson, W. 11. C. Bariball, J. Paton, W. H. Beadle, and F. Oarr. Mr. Beadle was chosen foreman.

The parties to the action were Ernest Harvey, laborer. Kaponga (petitioner), and Clarice Violet Harvey (respondent) and Patrick Deegan, fanner, Kakaramea (co-respondent). Damages amounting to £501) were claimed from the co-respond-ent.

Mr. A. H. Johnstone appeared for the petitioner, and Mr. V. O'Dea (Hawera) represented respondent and co-respond-ent-

Mr. Johnstone, in outlining the case. said the grounds for the petition were that the respondent had been guilty of adultery w:ith the co-respondent. There was also a claim of damages against the co-respondent. At first the charge of adultery had been denied, but by a letter dated Mav 4 from the defence it was now admititcd, and no evidence on that point would have to be considered. The marriage of netitioner and respondent took place sit Inglewood in November, mftfi. For the first six months thev lived with Mr.-. Gilmour, the wife's mother. In 1807 they came to New Plymoiii.il, where Harvey worked for about 18 months as a butcher. During. 1012 and 1913 the Harvevs lived in Inglewood. in a house provided by petitioner. From there Harvey went to Kaponga, and worked for a Mr. Beal. He could not get a house, and went to live with a man named Harrington, who had a farm. Harrington sold out, and petitioner heard of a cottage on the place of a man named Decgan, who was a share-milker. By arrangement, he rented cottage for 5s per week. They lived there for some time. In September. 1815. TVegan had lost his share-milkers, and lie asked if he could arrange to have his meals with the Harvevs. This was agreed to, and later TJeesran hoarded wiith them. In Decenfber, 1915, Harvey volunteered and went into camp. He arranged that his wife should go back and live with his parents, but as he was a little deaf and had doubts as to whether he would get away to the front, he decided not to sive up the bouse or to sell bis furniture. He came home on leave in January. In March he came home on sickleave, and was home for about four months. He found his wife living in the bouse at Dcegan's farm. She had agreed, when he wont into camp, to go to the place oeeasionallv and keep nn eve on it. He returned to camp in July, but wa.s discharged as unfit in n few days. He returned home, and gnf employment as a roadman for the Fl(ham County Council. Deesran continued to live with them, but Harvey began to suspect he was becoming ton familiar with his wife. One afternoon in January. 1017. Harvcv returned home from work earlier than usual, and found Tic--pan and his wife in the kitchen drinkins toffether He thrashed Deegan, and then left the house and went to live : " a one-ronmed whare on the place. He foofc some of the furniture with him. Hiwife went to Tnsrlowood the next dnv When he discovered that his wife expected to be confined he made arrangements for h«r to stnv in Tn<*lewnod, an' l after the child was born (which to*-' placo on May 14) be went regularly to see his wife and the child. The chil' took sick, and was sent to the New Plymouth Hosnital, and died in October After that he and his wife went bad' and lived together at TCaponga till March. WIS. DeeMn sold his lease an.' went to live at ICakaramea. Petitioner's suspicions were aroused by a letter he found written to her mother bv hi" wife, in which seme reference was ma.<lc to communicating with Deecan. His wife freouentlv went away allegedly to her mother's place at Inglewood. In March. I!HS, petitioner went to Inglewood, but found that his 'wife was not there. He traced her to Hawera. where it was found she had on several dates

between December. 1!>17. and March IftlS. stayed at Harrington's Hotel with Deegan. In consequence divorce proceeding-: were instituted.Ernest Harvey, the petitioner, gave evidence on the lines indicated by conn selPETITIONER OtOSS-EXAMINED. Cross-examined by Mr. O'Dea, petitioner said he did drink occasionally. He could take a glass or two of beer. He might have been drunk a few times. To tlie Judge: I have been drunk on two or three different occasions. To Mr. O'Dea: He had been locked up for drunkenness, }>ut that was when lie came back from camp in July, and he was very unwell and suffering from influenza. He had not been warned by the constable on account of his dri' ing habits. He had never ill-used hi wife in any way. He had not blackenc" her eye or broken her teeth. He had reason to bo jealous of his wife. II

had never struck men for coming home with his wife. The only man he ha'' struck was Deegan. While they lived in New Plymouth his wife frequently went to the Salvation Arm-v with his consent- On one occasion he had followed her, and had seen her meet a man after leaving the Army Hall. The man he afterwards found to he a man named Hooker. He did not strike Hooker on that occasion. He did not consent to his wife staying in the house with Deesan while he was in camp. Hr 'did not find out that his wife had not been living with her parents until after his final leave- She wrote severs! letters to him from Kaponga, and he ooi> eluded she was there, as she promised, to keep an eye on the liouse and furniture., Before he went to camp he gnv his wife about £3 10s. He sent her nothing while he was in camp for th"c first, eight weeks- When he came home on leave he gave Iher a further £2. He had consented to his wife and Deep-an

going to the pictures together. That was during the time he was home from camp on sick leave. He was not well enough to go with her, and did not have the money, and did rfot want to keen her from going. He was home on sick leave for a-bout four months. He returned to camp in Jury, 1916, and was discharged in a few days as permanently unfit. He fouftd his wife living in their house on Deegan's place, when he came home on Ait tat leave. B> ggi- not agtefr jfr

Decgaji staying in tlie house with his. wife. When lie came back again ho did not find out that Deegan was still living in the lioiiac for about a weoje. His wii'c had denied that he was still there. He believed Deegan was a single man. It was not true that he had gone into his wife's bedroom and tried to strangle her. iHis wife left homo one niirht and gone to sleep at a neighbor's, because witness bad objected to her going so often to the pictures with Deegan. While his wife was at her mother's piace at Tnglewood, on one occasion, he had gone to see her, and intercepted her at the gate. She had refused to stop and speak to him. but lie held her and made her stop. He ■ipnied nearly strangling her at that

Constable Liston. stationed at Kaponga, said he had been there over t\v years. He knew petitioner as a hard working laborer. He was convicted - drunkenness on August 5, 1916, just a' being discharged from camp He ha' 1 only seen him under the influence of liquor on one or two occasions. RESPONDENT'S DEFENCE. Mr. O'Dea said that the facts were that the whole of respondent's married life had been most unhappy. She had been beaten and abused by iier husband, and had to go away and live with her mother. The only question was as to the amount of loss sustained, if any, by the petitioner by the adultery of the corespondent. Clarice Violet Harvey said she was assaulted by her husband a fortnight c.fter they were married, and again a .reek later. About three months aftc that he came home drunk, and she "told him off," and he struck her. On one occasion he came home drunk fc his tea at about 8 o'clock. She spoke to him about his condition, aijd ha threw the contents of bis plate of soup over her face. She left him then, but he induced her to go hack. She left him three times during ISOS. Petitioner never struck witness except when he was drunk. While they were at Kaponga, Mr. Beal complained about him drinking. He would come home drunk sometimes two or three times a week. On one occasion, while Harrington lived with them, Harvey came home drunk and 'brought a bottle of whisky. She took it from him, and he locked her in the bedroom and 'knocked her down- At Kaponga, Deegan lived in the house with her Imsiband's consent When he went to camp he told her Inglewood wnot a fit place for her to go- He was a narty to Deegan staying in the house with her. She received only Is per day from her husband, and Deesan's I 5« She went to the pictures with Deegan about onec a week. Her husband struck her on the eye one day while they were at Deegan's- She got away that night in her nightdress and slept at a neighbor's house. On the nicrht of the assault on Deegan, her husbnnd went away and took some of the furniture. She went to Intrlewood the next day, and stayed for allxnit a fortnight. She got no maintenance from him during that time. Her child was horn on May 14. Previous tn that Harvev had tried to make her confess that Deegan was th 6 father of the child. She went with him to the whare, and when she said he was the father of the child he got a butcher's knife and threatened her. He also threatened her with a gun, but she would not confess that he was not the father oT the child.

To his Honor: After the child died she lived with Harvey for six weeks, bu' the house had no furniture, and was not lit for a woman to live in: He abused her so much that she could not stav with him. She went back to him several times, but for no longer than a fortnight at ft time. He was brought home bv Mr. Beal in the afternoons on more than one occasion in a state of drunkenness.

To Mr. Johnstone: Immediately after her child died she went hack to Kaponga and stayed for six weeks. She first met Deegan hy arrangement at Harrington's Hotel, Hawera, on December C. ISI7. Her mother knew at that time that she was to meet Deegan. She went hack to her husband because she had no other means of maintenance. Deegan gave her a little money. When she went away from her husband between October and March she alwavs told her hnsband she was going to Inglewood. He sent her m.oney to come hack. During the life of the baby her husband came frequently to Tnglewood and New Plymouth to see her and the baby. When it died they were both very sorry, and went back to Kc,ponga. together. Her husband still 'believed Deegan to be the father. They got on well together, except for his drunken bouts. On the occasion of the assault of Deegan, she had been bavins' a cup of tea with Deegan, who had brought home a. loaf of "bread, for her. She thought Harvey tfirashcd bim because be had found him there, after (being forbidden to come to the house While Harrington lived with them sh got no monev from him—her husband got it all. She got the money that Deegan paid for his lodging.

To Mr. O'Dea: Her mother was told that she was going to Hawera in connection with money matters.

Martin Harrine'ton gave evidence a = to the conduct of the petitioner towards his wife while witness lived with themHe said ho was frequently drunk and quarrelled with his wife-

Counsel addressed the jury, and his Honor summed up, srrhmitting two tissues only to the jury for consideration — namely: Did the petitioner induce or contribute towards the adulterv between the respondent and co-respondent; and what damages, if any, is petitioner en titled to recover?

THE VERDICT. The jury retired at 213 p.m., and a* 3.S returned to ask if it was necessary for them to lie unan'mous on the question of the amount of damages. His Honor replied that a verdict of !' to 3 could not be accepted until after three hours' consideration.

The jury Tetired again at 3.10. an<" returned at 4.20 with a unanimous verdict of "No" on the first question, and awarded £235 damages.

His Honor "ranted a decree nisi, to ho mndo absolute in three months. He lintimated that he ha 4 power to set aside a portion, or the whole, of tjic damages awarded, for petitioner' 3 wife, but reserved decision on that matter until to-day