HEAVY DAMAGES.

Temuka Leader, Issue 1797, 2 October 1888, Page 4

HEAVY DAMAGES.

| In the Melbourne Divorce Court, before His Honour Mr Justice Keferd, j and a jury, an action of Leighton v. Leighton and Tates, was heard. This was a petition by James Leighton, a commercial traveller, seeking for a divorce from his wife, Philena Leighton, on the ground of her adultery with the co-respondent, John Noble Tates. The petitioner also claimed £2OOO against the co-respondent Tates. The petitioner is 36 years of age, and the respondent is 37 years of age. They were married at Collingwood on the Bth Sept. 1870. Before his marriage the petitioner was a portmanteau maker, subsequently a storekeeper, and afterwards a commercial traveller. The respondent before her marriage was a tailoress. There had been seven children of the marriage. The co-respondent Tates had been a preacher in a Church of Christ, which held services in the Temperance Hall, Rae street, North Fitzroy; but he had left that Church some Tears ago, and had latterly been employed as a missionary for some temperance society. He had been married, but his wife died in Sept. 1887, about two months before the time when he w»s said to have eloped with Mrs Leighton. In November, 1887, Mrs Leighton left her husband, taking with her the two youngest children, who were of the ages of four years and a-half, and two years and a-half respectively. She left a aote stating that she was going to try and and obtain the position of companion to a lady on board ship, and also stating that she would not live with him any longer. The petitioner made enquiries at the different shipping offices, but could find no traces of his wife. He was subsequently informed by her brother that he had seen a letter written to her by Tates, in which she was addressed by Tates m affectionate terms. Leighton saw Tates on the subject, who admitted that he had written the letter, but said it was all nonsense, and that there was nothing meant by it. Leighton was subsequently told by a friend of his that he had seen Mrs Leighton at Mornington, and that she had seemed rather confused on his recognising her. Mr Leighton then ascertained that Tates and Mrs Leighton had been living in a boarding house at Mornington, from the 24th November, 1887, till the 12th April of the present year, and that Tates and Mrs Leighton had passed under the name of Mr and Mrs A mar. He afterwards traced them to Frankston, which place they had left an hour before he had arrived there, and nothing since had been ascertained as to their whereabouts, except that Mrs Leighton had stated to a witness at Mornington in April last that she intended to go to America. The jury after deliberating about a quarter of an hour, found in favour of the petitioner, with £2OOO damages against the co-respondent Tates. On the application of Mr Topp, a decree nisi was granted for the dissolution of marriage, vvith costs against the co-respondent Tates.- It was also directed that the petitioner should have the custody of the children, and that he should not be required to pay the respondent's costs of the trial.