DIVORCE ACTION.

Ashburton Guardian, Volume 58, Issue 196, 1 June 1938, Page 2

DIVORCE ACTION.

AN UNEXPECTED INCIDENT. (Per Press Association.) AUCKLAND, Alay 31. An unexpected incident caused some delay in the hearing in the Supreme Court this morning of a claim for £IOOO damages, arising out of an action for divorce. As counsel w’as about to outline the case to the jury, Air Justice Callan said that he wished to confer with counsel in Chambers. After the conference, Air Justice Callan said that as a result of information which the foreman of the jury had given the Court Registrar, the foreman would be excused from duty m the case, and it would go on with 11 jurors, who would elect a new - foreman. The action was brought by Henry George Donald, of Auckland, fellmongor, against Agnes Alary Fanny Donald and David Rrideson, of Auckland, butcher, who u T as named as co-respondent. The petition was based on the ground of adultery. In addition to the divorce decree and £IOOO damages, the petitioner sought the custody of his 14-year-old son. Both the respondent and co-respondent denied the allegations of adultery. C'oupsel said that petitioner would rely chiefly on what had actually been seen, but there would also be evidence of what was heard on admicrophone.

A private inquiry agent, in his evidence, said he took a dictaphone or listening-in instrument with him, and would be prepared to give a demonstration to the Court with it if required. Some of his replies under cross-exam-ination drew a rebuke from his Honor, who said, “Don’t disgrace the place you are in more than an inquiry necessarily does.” AYitness said that with his microphone he could hear a fly walking across a pane of glass. His Honor: And to an untrained oberver that might lie taken for— Air Brideson: AValking aci’oss a floor ? The case was adjourned.