SUPREME COURT.

Taranaki Daily News, 17 May 1919, Page 6

SUPREME COURT.

(Before His Honor Mr. Justice Hosking.) RE-TRIAL OF BYSANTSON. The re-trial of Alfred James Bysantaon on charges of indecently assaulting two little girls at Mokau on February 3 last, and also indecently exposing himself on the same occasion, in which the jury disagreed on Thursday, was heard yesterday morning. Mr. H. E. Billing appeared for the Crown, and prisoner was represented by Mr. Ronald H. Quilliam. The following jury was empanelled:— Messrs R. B. Sole, C. R. Adams, N. A. Christiansen, J. T. Locke, G. T. Clarke, K E. Gadd, jun., H. H. Mace, J ,T. West, J. Kibby, R. Gilbert, G. Gibson, and E. Jury. Mr. Mace was chosen foreman. After a retirement of an hour and ten minutes, a verdict of not guilty was returned, and the prisoner was discharged. MILKING MACHINE PATENT. The Auto-Milking Machine Company (Mr. A. H. Johnstone) applied for an injunction restraining the Gane Milking Machine Company from manufacturing mouthpieces for milking machines, and for £2OO damages. Mr. Johnstone said there was no defence, as an agreement for settlement had been arrived at between the two companies, and all that was asked for was the Court's certificate thereto. After hearing expert evidence as to the validity of the patent and plaintiffs' right to possession of it, and also as to the agreement for settlement, his Honor granted a certificate", after expressing his satisfaction that the agreement in no way suggested collusion, and tba,t the defendants were not allowed to manufacture under payment of any royalty to the plaintiff company, IN DIVOECE. Rose Wilson (Mr. A. H. Johnstone) applied for a dissolution of her marriage with Hugh Wilson, on the grounds of desertion. Petitioner stated .that she had been married at Hawera in 1902. They came to New Plymouth soon after, and then went to the Auckland district, where they lived toge.ther until May, 1913. when her husband went away to Australia, and had not returned. At the time her husband went away he was in business as a cabinetmaker, but he drank so heavily as to neglect the business, which was los,t. When he went away she came to New Plymouth to her mother, and it was their intention to settle near Wanganui or New Plymou.th when he came back, in about three months. He had written to her for about a year, and had sent her some money, but not enough to maintain her. She had two children, and they had lived with her mother ever since her husband went away. She did not think she had received more than £2O from him since he went away. Eespondent had asked her to go over to Australia, but she did not think the climate would agree with her or the boys. She did not refuse to go, and would have gone if he had sent for her. She had not kept any of the letters received from her husband, and r:oiild not say the date she received the lust. money from him.

Ambrosine Oliver, mother of petitioner, also gave evidence, to the effect that she had helped to maintain petitioner and her two children.

A decree nisi was granted, which may be made absolute in four months. Costs amounting to £ls were allowed against respondent.

_Emma Elizabeth Wilson (Mr. H. R. Billing) applied for the dissolution of his marriage with Frederick Charles Wilson, on the grounds of desertion. Petitioner said she was married in 1905. She left her husband while at Waitara, after having been married about two and a-half years. One childwas born prior to leaving her husband, and another just after leaving him. Application was made to the magistrate for separation'on the grounds of cruelty and neglect. The order was made, and appeal against it was dismissed by the Supreme Cour.t. He had maintained her for a little while, but she had received nothing for quite six years. She maintained herself by keeping boarders. Nothing had been sent by her husband for the children. She had had difficulty iii getting the maintenance from her husband which the court had ordered. Evidence was also given by Police Constable Price, who was stationed at Waitara when the separation proceedings were taken, in 1900. He had known petitioner, and that she had maintained herself and her children. The children had been very well brought up, the eldest boy having gained a scholarship, and waa now at college. A decree nisi was granted, which may be moved absolute in three months, with temporary custody of the children. Cos.ts, £ls, and disbursements were allowed against respondent.

Hilda Helene MeNamara (Mr. L, A. Taylor, Hawera) petitioned for a divorce from her husband, William Patrick McNamara, on the grounds of cruelty and adultery.

'• Mr. Taylor said he was prepared to prove the latter ground by an admission on the part of the respondent. Petitioner gave evidence to the effect that she had been married in Auckland in 1913. Her husband had been a drinker ever since they were married, but had drunk much more heavily during the last two years.

When the matter of the adultery was mentioned there appeared some confusion of dates, and the case was allowed to f tand down.

Mary Hutchinson (Mr. P. O'Dea) applied for dissolution of her marriage with Thomas Hutchinson, on the grounds of cruelty and desertion. °

Petitioner gave evidence as to having been married in Ireland in 1909. Her husband always came home drunk, and she left him before leaving Ireland.' Her first ehiJd was born shortly after her arrival in New Zealand, iii December, 1909. She began work here as a dressmaker. Her husband came to New Zealand, and she went to live with him at Riverton. Within a week he was drinking more heavily than ever. On one occasion he locked her in the bedroom and threatened her with a gun. He also bioke up the furniture on one occasion. She remained with him for six months. Since then another child had been born, and respondent had paid none of the .expenses, nor had he maintained her or the children since then.

Walter C. Hislop, also gave evidence as to petitioner maintaining herself and her children.

A decree nisi was granted, which may be moved absolute in three months, with the interim custody of the children to petitioner. Costs £25, with disbursements, were allowed against resDondent. Brett (Mv. H. R. Billing;) peti-

tioned for the dissolution of her marriage 'frith George Livingstone Brett, on ,the grounds of desertion.

Petitioner stated that she was married in 1906, and had two children. They first lived a,t Frankleigh Park for about twelve months, and for about three yearß at Egmont Village, later going to Marakopa. Her husband's drinking and gambling habits developed at Marakopa. Eespondent did very little work at Marakopa. Witness kept a boarding house, and maintained respondent, who illtreated her. She left him and came to live with her father at Egmont Village. She went back to him, but he was worse than ever, and so she returned to her father's place. Respondent came down and s.tayed one night, and she had never seen him since. She had obtained an order for maintenance of 10s per week for the children against him, but nothing for herself. Nothing had ever been paid. She believed he had been to the front, and had rturned a short time ago. She had seen him since his return. She had maintained herself by keeping house for her father and going ou,t to work. The children lived with her at her father's.

Evidence was given by William G. Orr, father of petitioner, who stated that she and her children had been living with him for over six years, during which time she had maintained herself and her children.

A decree nisi was granted, which may be made absolute in .three months. Costs £ls, with disbursements, were allowed against respondent.

Francis Victor Hanks (Mr. F. E. Wilson) applied for the dissolution of his marriage with Jessie Hanks, on the ground of adultery. Petitioner, in evidence, said he was married at Waitara in October, 1914, where .they iived for about two years. They then went to Otorohonga, remaining about two years. In April of last year his wife went to Wanganui for a holiday. He sent her money while she was away. He next saw'her in September, when he met her in Wanganui, and they came back to Waitara to live. When taxed with the matter, his wife at first denied having committed adulbut later admitted it. He broke up his home in December, and went into lodgings, and his wife went to Lepperton. During the past week his wife had left the district. I The case was adjourned at this stage until next session, for the production of j further evidence. .IN BANKRUPTCY. j On the motion of Mr. A. H. Johnstone, Sydney Ward (Stratford) was granted his discharge. On Mr. P. O'Dea's application, a mo- ! tion for discharge was granted in favor of John Charles Hawkcs, Hawera. The court adjourned till 10 a.m. today.