TO-DAY'S PROCEEDINGS.

Poverty Bay Herald, Volume XLII, Issue 13636, 17 March 1915, Page 4

TO-DAY'S PROCEEDINGS.

His Honor sat m Chambers at 0.30 a.m., when the following business was considered : .Adolphus Zachariah v. Mary Morrow, .summons for joining William Carlyle Wilson as third party. Mr Burnard appeared m support and Mi 1 Coleman represented Dr. Wilson. — 'Order ly consent ; costs £1 Is and reserved.

Richard Thos. Warnock, of Auckland., settler, v. Sydney T. Richards, of Oiahorne, settler, summons to judgment debtor- (defendant) for examination. Mr Hurnard m support, — Order, made- under rule 385j for a viva voice examination of debtor .commanding the attendance of debtor before.. the judge on June 25. 1915, at 1Q a.m.,. at the. Supreme Court, Gisborne, for the purpose of being examined on oath, as to his means and ability io pay. the .sum recovered against him m this action. Costs of summons fixed at £1 Is and reserved. '•. , a re-hearing : strictures from the Bench: • When the Court resumed: at 10 -a.m. the re- hearing of the case against the native yhnth /T Pa Pati was "proceeded 'with '. Accused- Was .charged with iv.-.-v---ing, on January 20, unlawfully carnally known a child of 8 years and .7 months, also on minor counts. Accused, \\ !io was unrepresented by counsel, pleaded not guilty. , V Tho following jury was empanelled :— Messrs E. Grundy. C. E. Hampton, J. Henzler. J. C. Nesbitt, jr. Howell, G. T. Heathcot*!, E. M. Cvthbert, J. Pierce, A. Dunbar, E. A. T. Cameron, A. East, E. L. Maude, L. JMurray, and H. Prime (foreman).

Hir. -Honor ordered the Court to again be cleared.

Before the case proceeded his Honor said : In cases of this description, where the details are offensive, to public morality, I have hitherto, left to the discretion of the press what, portions of the details should be published. I vogretto say that a full detailed and almost verbatim report appeared m yes-i terday morning's paper, with all "the pffensiye details. I, cannot say. that tjie discretion that has hitherto m my experience been always wisely- exercised by the press was exercised jn. thig case. Under the circumstances I will iidw for-, hid, m the interests of public . niprality, the publication -of evidence m this case. The. names of witnesses may be published, but I forbid the publication of details.

The evidencei submitted was similar to that heard m the prevums case. His Honor, in -summing up, said the evidence disclosed "ft deplorable state of morality, and- he might add, m connection with the Maori race, generally. . The jury retired at ll^ a.nl. At 11.50 a.m. the; jury returned . with a verdict of guilty on the first count. Accused, when called on, had nothing to say.

His Honor eaid lie , would OMjer prisoner'io be' detained -for reforriiative treatment for two' years on each, charge, sentences to be concurrent. He hoped the effect of reformative treatment would show "him 'that immorality wa-s liable to and would meet with/ punishment. He hoped when the prisoner camo out he would lead a. better life. He was satisfied on the doctor's evidence that prisoner wag at least 16 years of age.

BANKRUPTCY.

. In the matter of the application for discharge by Nathaniel -Burgess, formerly of Gisborne, boarding-housekeeper, Mr Burnard -said he had been unable to get into communication with applicant as directed.— His Honor stated that as applicant had- been convicted he could not grant the application without applicant's apearance. A similar aplication . was . made by Percival Ernest Hallam, formerly, of Gisborne, and now of > Weilingtoni Mr Mann appeared m support, and Mr J. Coleman, ' deputy official assignee, offered no objection. His Honor said -ho saw no reason, why the application should not be granted,, as it was appnrently a case of misfortune.

Application, for . discharge was made by Thomas .Trumper, of Te Karaka. His Honor said he noticed tlutt the creditors :had passed a reaolutioii ; re*' questing that the matter be facilitated. It was a case of .misfoctiuic-^-Applica-t ion granted, ' " ,i. . r i . •:' DIVOROS. k ; John Beange, of Ta.uj)iii, eta tioh manager, petitioner . (Mr L.', T. Burnard) v. May Beangei pf Gisborne, respondent i^h\ B, U. Burke), and W.^ttev Daley; iti \ya46iate, laborer, cp-res^ndeut : J?eti' tiou for. diasolutiAix of. maii'iage on \the ground of alleged adultery that "co^respondent be ordered to pay. the suniui i; 200 as damages m iiespe,Ql> of the aforesaid adultery, that petjtioneriihoula have the (custody of the children j^aiid that , co-respondent bo ... to; pay the costs of the pi*ibceedings kv . ,vv t ' 0.- --> The following jury was empanelled ;.rr~ llessrs T.. Cockerell, ,G, Jfi. v Hamptoy&jl. Gardiner, C. Copin, A. Duribjar; , Ji' G> Nisbett, E. A.. T. , Qameron, Q.^S^ly, E, X» Msude, G,. Eyjernden^^A. J., S \V:^l--lace, and' W. M, .Howardj^foiemanjy - Mr.Burnai'd, m opening,, siii,d^^ iljat/the parties wei'^, ni^'riedi iix 190^, aha tivpd happily, .together uqtll' ilje appe*v^nce of . co-respondent, who , cauie -to wpvk oii ii f^rni on ah island , neir - Auckland. I Respondent .subsequently w t ent toj Auckland, and caino to GisWriujt with co-re-spondent, and .they had lived a» man and i wife togetlier. ... Apart ifrpm ..the question of dissolution of .marriage, pet i - tioher was seeking, damages and, control of -the children of "the marriage. .. ' John Beange, station manager, stated that, he at present resided at. Wynd-, Ijam.' He vyas "married, m June, 1906/ and they r. Jived , together . at Hamilton, and subsequently at Waihaka Island, until August >1, 1914. . . .Three, children were boyn of.the, mavriage,and a fourth child •Jb^dVubsequeatlyv been. born. The two, eldest .children, ,;vv ere iiv^hia custQily,. Thft..t\r6 other, .children. ■ wej;e>,Jn , responilent's custody. . Daley,, co-respondent, cama to, 1 the. -island m .September, 1913. as ..ploughman. /ioout Ch'ristma,s lie compjaiaed ,ta ..hig ...wife/, thafc,\co-respon-dent vwas. making liimselL top 'free iafeout the. house. .Daley, left him about June. : l: Olxi, August, 19J.4, .went , tp Auckland -to, .a",nur.isung hojne,taking) the third;, chil(j.\Myiin her. He subseqviently receivedv, a ;lettei| fwii},,:,his.:\vife, (produced), „; stating that she* was •* leaving liini. . - Heiiweut, to. Auckland. noxt, day, and. subse(ju^ntly K ,&nnd that (respondent <jnd co-resppiidjen^.,hasd come to Gisborhe, where he, subsequently located thorn, at Mr A. ,J. (^mei'oi> s s. ; v was t) enable to see his wife, but saw, the, nurse, • aha the latter , brought a message , froni , respondent, stating • that, afl^er. .what she had r done s.fre did 'jrvot, to . sec l\im--He/saw, co-resp6ndeiit^"*and. they got to blows. , ' He, was ;b.oarding ..tneji two. children at 'his sister's. He,. felt he could not go back to' his employment at Auckland,' and. ..took immediate steps to obtain, a, divorce.. , ,* Herbert Hewitt, laborer, Waerenga-a-liilvftj deposed to having, m November last, , re 4« e <i 'm- the ; house occupied by respondent and co-respondent, who- were living , as Mr and Mrs . Daley, at Makauri,. • . .William Doplqy, employ^ a^ 'Ihe Royal hotel, Gisborne, also 'gave evidence ,ac , to . co-respondent and.. "Mrs Daley" hayuig stayed,; at the hotel together. '■ • .Stanley Vivian ißeaiifoy, clerk m the employ- of ; petitioriej's . solicitof) gave evidence as'to-serving a copy" of 'vipoiv.i; respondent and co-respondent. Kespondent said shb ,; tf aa the Mrl Beange' they w.afo looking, foiy and -had left her . husband aiid come- to Gisborne with co-respondent. - - The lattei* was culled \ip.on, .and when sei'Ved, admitted ho was the \y!alter Dale^ m question. ; His Honor , submitted the following questions to the -jury: — Has respondent committed adultery witlr.co-reapondeht ? Has co*reßpondent' committed ; adultei'y wit^i re^ijpmlen't I ?, What damages should Co-respondent ipa<y ? •■..-■> . . His ( Sphor added that, evidence was convincing ■• that Vespqiideht -und left petitioner, and v;-h"ad'.-. been .< living ''with co-respondent at Gfrsbonlo;; In aWessing damagesi it' w^s- not -ior the; jury to assess tlaitiages /- W-- -punialimeiit ; , --but pimply for peouniftiy loss- to petitioner. They' could* ,:notngrve damages, but- aU amount .sufficient to compeiosate pf titioner for- ipss.

The jury returned after a brief adjournment with the answer "Yes" to i he first two. questions, and a verdict of iJ2OO damages. Mr Burnard moved for judgment accordingly, and. for the custody of ( the two eldfet children!.

Mi- Burke agreed. His Honor granted a decree nisi, and costs against co-respondent on the highest scale as on undefended suit. He gave interim custody of the two elder children to petitioner, and the interim custody of the two younger children to respondent. Permanent custody of the cliilttren to, be determined on the motion £or decree, absolute, the latter to be moved at the 'expiry of six months. Damages to be paid into Court.

Edith Fi'ench Massey, of Gisborne, petitioner (Mr Dunlop) v. Alfred James Alassey, late of Gisborne, laborer, responcLent, petition for dissolution of marriage on the ground of alleged habitual drunkenness and desertion. Mr Dunlop, m detailing the case, stated, that the parties .were married m 1895, and petitioner was forced to leave her husband oil account of his drunken habits. .

I Petitioner deposed that she was married at, Gisbprne . , m December, ,1895. They, xesided m Gisboxne for. 11 .'years. . After the first six . years he started drinking to «ucli an extent that she was advised to leave Gisborne. During this time her property at Kaiti was mortgaged, and when she went to Feilding *he only had £70 left, representing the balance of that property. When they went to Feilding respondent 'continued drinking. She had to sell practically everything, tp keep things going* and a-t tho .end of seven months. . returned , .to IJisborne, where she , lived, with. her father with her five children. After remaining eleven months at Gisborne, she went back to respondent at. Wellington m December, 1908, being assured that, he had secured,; Government employment and had bivoken off his drinking habits^ iShe rema.med there, .about ii year, a,^d ten months, and respondent., commenced, to drink, *gain, .getting gradually worse. , .He maintained her during tliat time to a 'certain, extent, and, she had. 'to lea,v t e because .she . had nothing to " live on. ' Hp . spent most , ,of hi§' earning"^ m, .drink and -g^nibling. The y<Jugest child w.as fl-bput five! months old when she left .him,, m October, 191,0. The laadlorJd gave her notice to quit,. v or h«s would .siaize, the furniture.' She jspld tho furniture, and had to get money from her fathjer...tQ .r.eturjn to Gisboi*ne. Respondeift> did not cpnsent, He remained at Wellington. He sent nothing for some time, and then she only received an occasional £lv She did not see him again for two years, and. ten months, when. she. went io. .V^ellington pn business, .fjhe "\ras there for seven . weeks, but he was not keeping sober. Respondent not. still m the Government printing office.. He- came to Gisborno lait r october or iNpvember. He. had coiitimied drinking,, stopping her ' .m. ths street and at the office, quite intoxjcjiti ed> The total amount she. had received from him m th^e last, five years would not- amount to 6ver_2sl6d' a week.

(Case proceeding.) ..