SUPREME COURT.

Poverty Bay Herald, Volume XLII, Issue 13636, 17 March 1915, Page 6

SUPREME COURT.

DIVORCE CASE^.

. The Court continued the hearing this afternoon of the case, Edith French Massey v. Alfred James Massey, petition for dissolution of marriage on the gr-ound of alleged habitual drunkenness and desertion.

Ssnior-Scrgeant Hutton said he had Known, respondent since last year, and during that time he had been "taken by the police on four separato charges of drunkenness, etc. He only saw the man. on two occasions sober, and m December he was sent to Auckland by a friend.

Captain W. Gumming deposed to meeting respondent ,. in. Wellington m November, 1913, under the infl icnce of liquor. The latter was m a very different state to that witness had known hins previously m Gisborne. Before he tool: to . drink respondent was a reputable citizen.

After further corroborative evidence, his Honor said that he had 'previously laid down that for a petition to succeed on these lines, there, must bo habitual drunkenness for four years and upwards, and he should have |eft his wife without means of support. He saw no reason to alter that opinion, and he had no hesitation m holding that respondent had been an habitual drunkard within, the meaning of th c statute; The letter produced was an. admission by respondent tliat he had been an habitual drunkard up to that time. It was a sad letter, an admission of having lost his self-control, and contained a promise, no doubt sincere at the time, that he would, endeavor to lead a sober life. But it was quite clear he ! had not sue ceeded m doing so, and his descent had been rapid ever since. He (his Honor) could link all the circumstances together, and declare that this man. had been an habitual drunkard for many years. And 'he had failed to maintain his wife and children, and but for thf fact of his wife having a father and being able to earn her living, the petitioner and her children would have been m destitution. That was the fault of respondent. It was a very cad case. He would grant a decree nisi, and mako an order for interim custody of tho children to petitioner, and order respondent to pay costs, the decree to be made absolute m three months. \

CASE SETTLHD,

The case of Samue.l Aston (Mr Burnard) v. James Benjamin Davidge (Mr Stock), claim for £50 10s (promisory note), was mentioned, when Mr Stock consented to judgment being entered for plaintiff, by consent.

Judgment was entered accordingly ; costs on tho lowest scale.

OTHER CASES. In the case of Walter Henry Clayton, of Gisborne, builder (ilr Stock) v. Clias. Clayton, of Gisborne, builder, a claim for £517 13s sd, moneys paid, and declaration as to right and remedy of plaintiff againt defendant as to late partnerhip land m Gladstone road, Mr Stock moved for judgment. His Honor consented, .the terms to be settled tomorrow, morning. Frederick Horatio Wilkinson, of Gisborne.. plumbed (Mr L. T. Burnard, instructed by Mr E. H. Mann), v. Marie Catherine Williamson, off Gisborne (Mr H. J. Finn), claim for £18 5s for work don© for which judgment was obtained m the Magistrals Court.