SOLDIER'S DIVORCE SUIT.

Auckland Star, Volume L, Issue 153, 28 June 1919, Page 5

SOLDIER'S DIVORCE SUIT.

CO-RESPONDENT IN BOX. CONFESSION REPUDIATED. The defended divorce case, Ambrose GUboy v. Phyllis Levina Evaline Gilboy and Jacob Hans Anderson, was continued jat the Supreme Court yesterday afterj noon and also this morning. The case ' was heard by Mr. Justice Hosking and a jury. Mr. J. F. Dickson appeared for the petitioner, and Mr. T. V. Byrne for the respondent and co-respondent. The petitioner alleged that his wife committed adultery with the co-respondent at Wanganui in 1917, while he was away at the war. Gonville Saunders, solicitor, of Wanganui, gave evidence regarding the making of a written admission of misconduct by the co-respondent. The latter seemed to him to be in some trepidation, and the petitioner was obviously excited. Once or twice since the interview Anderson had told him that he regretted having made the statement, but did not say that it was false. He did not think that either of the men showed a greater degree of feeling than might bo expected of men in their positions. Edwin Georgo Tucker, manager of a debt-collecting agency, said that having business dealings with Mrs. Gilboy, he made some inquiries of the petitioner with the object of getting information about the paries' child, which Mrs. Gilboy said, her husband had kidnapped. Gilboy told him that he had set his wife up in a millinery business in order to avoid having to pay maintenance, as his wife had taken proceedings to obtain the latter. He also said that he was trying to get a divorce, and that when he got it he would let all his wife's creditors loose on her, and she could go out into the gutter. ALLEGED INTIMIDATION. Jacob Hans Anderson, tlie co-respon-dent, said that he was introduced to Mrs. Gilooy by a female friend at Wanganui in 1017. The other womau who shared a Hat with Mrs. Gilboy introduced her as '"Miss Gilboy," but she immediately interposed and corrected the mistake. He often visited the Hat with others, and played cards, but all the time that the two women were there he saw nothing in the nature of impro- | priety. He positively denied any misconduct with Mrs. Gilboy. Asked about his written admission of misconduct, he Isaid that Gilboy, after being introduced ,|to him by Constable McMullen, accused ; him in violent languag" of impropriety I with his wife, and when he denied it, ' j told him he was lying. Gilboy then told ' him that Mrs. Gilboy had made a formal admission beforo a solicitor. He threatened that unless witness made an adi mission of guilt he would give him the I biggest hiding he had ever had in his life, and would get the other returned soldiers to tar-and-feather him and ride I him up and down the main street. Gilboy also threatened to get him sacked from 1 1 his preyjnt employment, and from any ' other employment he might get, and threatened to have him hounded out of the town und out of the country. As 1 a furthy inducement, Gilboy said that ■ if he would make a statement to back up Mrs. Gilboy's the case would be 1 settled without publicity. The constable also advised him to make an ndmission. and assured him that both ■ the parties wanted a divorce, and it would be an easy way out of the difficulty. They arranged to meet the next day," when Gilboy made further threats, and he agreed to make an admission as the easiest way out of the difficult? - . Hr afterwards "told Mr. Saunders, the solicitor, that the statement was false. Evidence was also given by a former ' employer of the respondent and the caretaker "of the buildings containing her j business premises. Both stated that they had no complaint to make of her conduct. They had seen the child, and it appeared to be well cared for. The petitioner, recalled, said that the I witness Tucker came to sec him about a I fellow-soldier. He absolutely denied that : his own affairs were mentioned, or that ' he made any of ihe statements attributed | to him by Tucker. j Counsel addressed the jury, after which his Honor summed up. The jury were still considering their verdict when we went to press.