WELLINGTON SUPREME COURT.

Wairarapa Age, Volume XXVIX, Issue 8148, 24 May 1906, Page 5

WELLINGTON SUPREME COURT.

MADSEN v. MADSEN. His Honour, Mr Justice Denniston, and a jury of twelve, 1 of whom Mr F. H. Nation was foreman, on Tueaday heard the divoroe suit of Peder Christian Madsen, of Hastwell, Wairarapa, v. Elizabeth Mad«. sen and James Snell, of Te Whiti, co-respondent, againßt whom £2OO damages were Olaimed, says the New Zealand Times. Mr Bunny appeared for the petitioner, and Mr Blair for the respondent. The 00-respondent was not represented. Counsel for petitioner stated tbat the parties were married in 1886. They had resided in various parts of the North Island, and for about five years at Hastwell, in the Wairarapa, where they lived together until September 1901. They bad brought up a family of seven ohildren. Petitioner bad a holding of some 30 aores, and added to his income at times by working as a platelayer and roadman. On September 20tb, 1901, there was a difference about some water whioh the wife . had not provided for her husband, who used to get up to make breakfast. He made complaint about it. When he came back that night his wife bad disappeared. Petitioner found tbat she bad gone to live at a boardinghouse in Masterton, where she remained for three weeks, when she returned home owing to the sickness of one of the ohildren. She stayed for three or four dayß, after whioh she went back to the boardingbouse, where she worked as a servant. When petitioner called on her she declined to see him. Then she took a house in Masterton, and in August, 1902, a child was born, of which petitioner alleged he was not the father. Subsequently she went to Te Whiti, where she lived with tbe 00-respoudent Snell, and gave birth to a child on April 30tb, 1905. The adultery was admitted. The jury awarded no damages. His Honour said be agreed with the jury'a verdict. The claim for damages was about on a par with the defence. No damages should have been asked. Decree niai granted, to be moved absolute in three months with costs £ls and disbursements against corespondent, petitioner to pay respondent £lO oosts and disbursements, which he will recover from the co-respondent.

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