AN ERRING WIFE.

Taranaki Daily News, 23 August 1920, Page 6

AN ERRING WIFE.

• HUSBAND SECURES A. DIVORCE. JURY AWARDS £33 DAMAGES. At Saturday's sitting of the Supreme Court at New Plymouth, before his lloftor Mr. Justice Salmond and a jury of twelve, Ronald Alwyn Richter, farmer, of .Kohuratahi, petitioned for a dissolution of his marriage with Eva Geraldine Richter, 011 the grounds pf adultery, and claimed £IOO damages ivoiii Donald Morrison, farmer, of Kohuratahi, who was cited as the eo-' respondent. Mr. C. H. Croker appeared for the petitioner, and Mr. P. O'Dea for the respondent and co-respondent. Mr. O'Dea said that to save going into a'lot of sordid details he and Mr. Croker had agreed on the question of damages, and would state the amount at the conclusion of petitioner's case. The following jury was empanelled: Messrs J. W. Abbott, J. W. Downs, T. Murphy, ,T. D. Jenkins, A. B. Edgecombe, W. Barnitt, R. Gredig, W. •J. Batten, H. >D. Lepine, W. B. Cruickshanks, D. I. George, and A. Cowley. ,Mr. Abbott was cboseli as foreman. Petitioner's statement set out that he was married to the respondent on February 23, 1910, at the registry office at Hawera. Petitioner lived with his wife in Hawera, Eltliam, and Kohuratahi, and there were two ehUdren born of the marriage. On Novemoer 15, 1919, and on other days between that date and January IG, 1920, it was alleged the respondent committed adultery with Donald Morrison, of Kohuratahi. A supplementary petition alleged that, on April 3 and 6, the respondent again committed adultery with the co-respondent.

PETITIONER'S STORY. * Petitioner, in evidence, stated that up to the time that his wife left him his relations with her were of a bappy nature. They lived together until October 22, 1919. On October 20 some new neighbors came in and stayed at his house that night. The next day he drove them up to their farm. When he returned he found a note from his wife stating that she had gone and did not intend to return. He followed her down to Stratford, and the friends she had been staying with said she had gone to Wanganui that morning. He also ascertained that Morrison had gone down to Wanganui by the same train. Petitioner then returned to his farm. The co-respondent (Morrison) lived about four miles from petitioner's place, and was a Irequent visitor to his place. He had had to upbraid his wife for familiarity with Morrison, but he did not suspect anything. Morrison lived by* himself on his farm. Petitioner did not see his wife to speak to until the divorce proceedings were commenced. On March 10, after the proceedings had been initiated, neighbors said that his wife wanted to see him, and she eaid that if he would leave the question of damages out of the proceedings she would not defend the petition. Petitioner was completely broken up at seeing his wife again, and he begged her t,o come back to liim. She agreed to this, and from March 11 until April 3 they lived together as man and wife, their relations being very happy. On April 3 he had to go away for a few days, and on his return he found that his" wife had gone and had left the children with neighbors. He h)>ard that she had gone to Morrison's place, and early the next morning he went across to Morrison's and called out to them, but received no reply. Subsequently lie heard whispering, and he called out that if they did not open the door he would force his way in. Petitioner broke open the glass door, and then Morrison came out Petitioner asMd where his wife was, and Morrison said she was not going back. Later, he heard hiii wife's voice, and she said she was going to stay with Morrison. To Mr. O'Dea: His relations with his wife were very happy, and he could not understand why she had acted as she did. She had had children by a former marriage.

■SEEN AT MORRISON'S. Constable John Potter, stationed at Kawa Kawa, said that during 1919, and until May, 1920, he was stationed at Whangamomona, close to Kohuratahi. He served the summons on Mrs. Richter, and at the time she was living in Morrison's, house. Mrs. Richter's eldest daughter, 10 years of age, was the only other occupant of the house. When witness served Mrs. Richter with the petition, she said, that a number of statements in the petition .were not correct. She ako said she was glad of the petition, as it would clear things up.

George Henry Barker, farmer, of Kohuratahi, said he lived about a quarter of a mile from Morrison's house. Mrs. Richter left home on the day that witness and his mother and" sister arrived in the district.. A few weeks later he saw Mrs. Richter in Morrison's house. For a portion of the time other people lived in Morrison's house, and afterwards only Morrison and Mrs, Richter lived in the house. Witness was in the house during that time. After Mrs. Richter had returned to her husband, he sajv her one day on the verandah at Morrison's house,, wearing an apron and doing the house-work. Since then he had seen Mrs. Richter at Morrison's several timeß. During the past five months they had been living by themselves most, of the time. To Mr. O'Dea: Morrison was a returned soldier. QUESTIONS FOR THE JURY. Joiner Niool Anderson, proprietor - of the Empire Hotel, Hawera, produced the bedroom book of the hotel for Wednesday, February 25, 1919, showing that Mr. and Mrs. Morrison paid for bed, breakfast., and dinner on that date.

'Mr. O'Dea intimated that he was not calling any evidence. His Honpr, in summing up, said it wan prat t.ieally an nndofcnded divorce I cape, and it appeared to have been abundantly prorcd that misconduct had taken place. The jury had three questions to consider, as" follows: Did the respondent commit adultery with the commit adultery with the respondent? What damages was the petitioner entitled to for the loss of his wife? Counsel had agreed upon a sum of £SS as damages, but the jury were not hound to adhere t» this amount, although they eonld not award more than £IOO. The Jury retired at 11.15, and, at'ter a few minutes' retirement, found that respondent and co-respondent were guilty of adulteny. and awarded damages to the full amount agreed upon by counsel, nn mely, £BS. His Honor granted a decree nisi, to be made absolute iti three months, granted the petitioner interim custody of the children, awarded damages against the flo-rwiiiondent amounting to £Rn. mi*

ordered the co-respondent to pay all costs on the highest scale.

UNDEFENDED CASES. MORRIS v. MORRIS. Ettie Morris (Mr. Croker) applied for a dissolution of her marriage with Harry Morris, on the grounds of desertion. Petitioner stated she was married to her husband on March 0, 1907, at Wellington, and she lived happily with him at Hawera until March, 1910, one child being born on November 8, 1913. 'He.v husband left her on March 4, 1913, stating that he was going to Wellington on business matters, and Would return the following Saturday or Tuesday. As he did not return she made inquiries as to his whereabouts and communicated with the police, but she never saw him again. Her husband had had a serious illness just prior to going away, and had suffered a complete lapse of memory, and she was afraid he had taken ill again. She made thorough inquiries and a notice was inserted in the Police Gazette giving a description of her husband. but he was never seen or heard of again His Honor granted a decree nisi, to be made absolute in three months. No application for costs was made. KEATING v. KEATING. James Henry Keating (Mr. F. E. Wilson) applied for a dissolution of his marriage with Amelia Keating, on the ground of desertion. Petitioner stated that he was married in 194)8. and lived with his wife at Smart Road. New Plymouth. His wife left him in December, 1816, taking one of the four children with her. She wrote to him saying that elie was not coming back. He had tried to persuade her to return. He denied that he had failed to give liis wife sufficient money to clothe the children. To bis Honor petitioner said that his relations with his wife had not been altogether happy. His wife had been dissatisfied for some time because of their poor condition. George Knight, laborer, of Stratford, gavp evidence of a corroborative nature. His Honor granted a decree nisi, to be made absolute in three months. No order was made as to the custody of the children.