DIVORCE CASES;.

Temuka Leader, Issue 1623, 20 August 1887, Page 2

DIVORCE CASES;.

■ At the Supreme Gourt, ■ Timart?, on Wednesday last, before His 1 -Honor Mr Justice ; Johnston, ; the following divorce ctses were-dealt with : ; t ; FINCH V. FINCH AND LLOYD. Mr White-appeared for the appellant husband to move fora decree absolute) atmulling the marriage'.—Granted. JONES V. JONES AND ANOTHER. Mr Tosswill for appellant, Mr Lynch .for respondent;. , Mr Tosswilll read'the husband’s petition, which sot forth that respondent had committed adultery at. Temufcs, where the . patties then resided,, the- petitioner being an engine-driver. The “petitioner prayed for a decree nisi, % His Honor took esceptioh to the fact that the copy of f he citation had not been, served at the Attorney-General's office on the proper day, apd.said that this appeared! to him to be fatal to tlie proceedings. ’ Mr Tosswill Urged that it was “merely an irregularity. . - v His Honor said if was 'n'6 question of ' regulation. The t clause bpajdng upon it Was mandatory, not directory,’ 1 He called upon counsel to cite a case bearing on the point. ■ Mr Tosswill said he had In his office a letter bearing on the subject. ‘ His Honor would like to see that solid* tor and hear his authority.’' ft was per- ' foctly ludicrous to see of the profession supporting his contention by quoting the opinion l df’ s6mV : anonymous solicitor on the laws. • Finally some authorities bearing on the subject, were procured, and’after perusing them, His Honor said the outside limit of trespass on the time had been exceeded.

He doubted whether he had power to reserve the point; for, for whom was it to be reserved 1 The tiling seemed to have happened through a solicitor's negligence. His Honor commented in very severe terms upon the negiigence, and permitted the case to proceed in order not to injur* the parties. Id his evidence the petitioner, William Jones, said ; On May 18th, 1886, he was married to Ann Cohen, by Registrar Parkenson at Christchurcb. They had no children. Before April in this year he had warned his wife not to lake men into the house in bis absence. He bad no special reason for warning ber. She behaved well while witness was at home. Before April 12tb, nothing occurred. On that evening he arrived at home between f and 8, »nd found the co-respondent playing cards with her in the bedroom (a bed and sitting room in one). He remarked that she must think a lot of herself. Lewis, the co-respondent went away, remarking that he merely came in to Bee witness who he thought would be at home. To His Honor: I used to leave her entirely alone when I went away. I was obliged to do bo. I had my business to attend to. His Honor: Then you should not have married her. Examination continued'. On April 14th lie and the respondent had a " bit of a barney" together, whereupon she went away and did not return till six next morning. She bad six or seven shillings when she went away. When she returned he asked her where she had been, and she told him to ga and find out. He replied ; *• In that case it wont do for you and me to live together." She answered : " Don't alarm yourself, I'm not going to live with you." She then packed up her box and went away to Christchurcb. She wired next day: "Coming back on Monday." She came back, but witness did not see her for nearly a week, when she ; came out to where he was. She was cry- ■ ing, and asked him to take her back. He refused. She used to come out every day like that for a week, but he took no notice of her. He saw Lewis on the morning of her leaving, and he said she had stayed < at his place all night, and he had given ' her £l. Lewis lived in a two-roomed ' cottage. He had seen her in Timaru ' aeveral times, and told her Bhe had better take a situation for a twelvemonth until ! he should see more about it. ' To His Honor ; I am not aware that I did a»ything particular on May 7'b, Bth, j and 9th. 1 did not condone any offence. ) Examination continued : 1 met her in .

Timaru in the presence of Peter Bell, when she owned to having slept in the houfle of Woo. Lewis. To Mr Lynch: Directly after I was married I left my wife in a house by herself. On April 14th I turned her out. I never sent her to Lewis. She used to go to bis garden to get things. 1 saw her take her box away. She threw stones at me when she was going away. On the 16tb, when she returned, I did not go to meet her. She was kicking about the roads for a week. She told me she was stopping at Kennedy's, near Winchester. 1 was working between Orari and Winchester. She used to visit me daily. Wo talked, tut were not on any affectionate terms. One evening when she c><me late I left her at the machine while I went home with the m«n. 1 knew nolhing of her stopping at Williams'. He was a married i told him to get rid of her, as I would not be responsible for her any longer. On the day I said thiß I siw my wife and Williams at the raiway gates, Temuka. Williams had been sent for me by her. He stayed a few minutes. I saw Williams again at the Wallingford Hotel ten minutes after. It was not eleven o'clock at night, and when he asked me where I had been I did not say "I've been with the old woman." I did not say "AH right, we've fixed it up, she'll go into Timaru and take a situa(lll I get things together again." Never np to that time had told Williams my suspicions of her infidelity. She afterwards wrote to me, and asked me to see ber at Mrs Baird's, Timaru. From April 12th to this date I have never given her money. I have rafuned to pay for her board. Leonard Tcabs, boardinghouse-keepar, Temuka, deposed to seeing Lewis at Jones' house when Jones was absent. Peter Bell, billiard marker, Timaru, deposed to meeting petitioner and respondent in the Commercial Hotel one evening in May. Jones introduced bim to his wife. They seemed to be " making it up.*' Jfonespajd for the drinks obtained and ' "all seemed Lappy." Ann Jones, respondent, snid Jones remained a time at home after marriage, and then went away. She was living in a . house of Bennett's. Bennetts lived there too. Jones was often away. Jones took her first to William Lewis'house to live. She asked him before they weiit if liewia was a married man, to which Jonfs replied that he was, but his wife bad left him. Sbe was never seven weeks at Lewis' house. Jones was often away. She and Lewis lived in the house at these times, and she got the meals ready. She was never on familiar or improper terms with any man since Bhe was married. Jones used to tell ber to go Lewi»' for vegetables. He ased to ssy she was too lazy to get vegetables and that was the •reason tbere never were any. Oo the Mtb April Jones went out in the morning and returned about 5.30. She saw him coming out of the Wallingford, and she shut tbe door against him, whereupon he jsame in and Bpoke violently to her, and etruck her and dragged her about. He put her out, she resisting as well as she could. Sbe then went down to Lewis' and returned about 11.30 and found lying asleep. He then jumped up and ran at her with a pair of shears, and bhe ran out and took refuge at Lewis' house where she stayed til 5 o'clock in the morning. She Bat on the sofa fully dressed all night. She went to Christchurch next day and returned on the Monday and the next Saturday she saw Jones at Winchester but did not speak to him. He rode past her. She used to go over to the threshing machine to talk to her ; husb»Dd. [The witness here gave evidence of tbe condonation of the alleged offence.] At Williams she used to sleep with Mrs Williams and the baby. Sbe met Jones at the Railway gates one night at 7 o'clock, and remained with him till 11 o'clock. He gave her 12s. oh« came in to Timaru and atopped a few days at Mrs Bird's. She had been earning her living us a cook in Titnaru. He had never accused her of infidelity

His Honor said he had been ca>eful!y attending to the case, and so.fjir found a total absence of corroboration' of the petitioner's statement. He was a young man who liiu left a girl alone aud penniless wefik after week. His Honor did not thick in the interests of justice that he ought to allow the case to proceed further. The petition would be dismissed with coats.