SUPREME COURT.

Auckland Star, Volume XXVI, Issue 4418, 11 July 1884, Page 2

SUPREME COURT.

DIVORCE AND MATRIMONIAL CAUSES.

(liefore Ilia Honor Mr Justice GiAies.)

ALEXANDER LA Ml! V. 1.1/./.IK LAMP. AXII A. K. COSIIItAVK. Tins was a petition for divorce on the ground of adultery. Mr A. Whituker appeared for the respondent, and Mr Theo. Cooper for the co-respondent. Mr Theo. Cooper appeared to watch the case for Miss Morton, Mr Offer's cousin.

As has been previously intimated, the petitioner had decided not to offer any evidence in support of tho allegations in the petition. A jury, of whom Mr Foster was chosen foreman, was empanelled

Mr Whituker intimated that the respondent and co-respondent would distinctly deny tlio allegations in the petition.

Lizzie Lamb, sworn, deposed : I am the wife of the petitioner Alex. Lamb. I have never committed adultery with the co-re-spondent Cosgrave, nor am I guilty of improper conduct with him. Alfred Edmund Cosgrave, sworn,deposed: lam the co-respondent in this suit. I have never committed adultery with Lizzie Lamb. There is no ground whatever for the accusation made.

His Honor, in summing up, said that the conduct of the petitioner in making accusationS against his wife and failing to substantiate them wus highly reprehensible. When a husband made definite accusations against his wife, then and decided not to offer any evidence, the least he could have done was to withdraw the imputations as fully as ho hud attempted to make them. He stigmatised the petitioner's conduct as utterly disgraceful to any man. As no evidence hurl been ollered by the petitioner, and as the allegations hud been clearly denied by both respondent and co-respondent, the jury could make but one answer. The jury, without leaving the box, returned a verdict that the respondent hud not been guilty of adultery with the co-respondent. His Honor dismissed the petition with costs. ..liU'iaiiiia Oder v. W. J. Offer.

This was a petition for dissolution of marriage on the ground of adultry. Mr Heskoth appeared for the petitioner. There was no appearance of the respondent, neither was lie represented by Council. Mr Heskoth having briefly opened the case, called

Mariacna Offer, who deposed: I am the petitioner, and know the respondent, William John Offer, my husband. I was married to him in St. Matthew's Church in 1871; the clergyman was the Rev. D. Jones. 1 am the person referred to in the marriage certificate (produced). Alter my marriage I lived with my husband. My first child; was born within a year of marriage.. I lived with my husband in Pitt-street, and latterly in Anglesea - street. .1 have four children. The second child 'Was born in '74, the third in '79, and the last on the 30th of May, '84. I livel with my hus- : band till the beginning of January last. Since then I have lived with my father. - During the time I lived with my husband I led a very unhappy life. He always.illtreated me, and was never satisfied with anything I did. He pushed me about and ill-used mo till I was afraid of him. This ill-treatment began a few months after marriage. He frequently ill-used the cats, screwing their tails until I thought they wore coming off. When I asked him to stop ho continuod his cruelty to make me more miserable. If ho was late of an evening, and I asked him where he had been, he would swear at me and go on till I was nearly afraid of him. Soon alter my first child wob born she was covered with sores, and when she cried at night he would strike the child just to mako mo unhappy. I got several lotions to use for the child, and had to continually use ointment. When the ointment was being applied, if tho child cried he thrashed her,., and threatened to treat me the samo. Ho struck me on several occasions with his fist. Respondent's temper was very hot. If I spoke to him ho would become very violent and swear at me. If I attempted to go out he would stand at the door and prevent me, and I had to threaten to throw up the windows to let the neighbours hear. On one occasion when I was silting before the fire, he kicked me on to the fire. The last occasion on which he struck me was about three months before I left him. The kick I have referred to took effecton my side, and caused me to fall on the floor. It did not leave a braise or produce any after effects. On many occasions he called me a b— b—, and said he would not be tied to a b — woman like me. He also threatened to call an auctioneer and sell off every b— stick, and clear out of the place. He also said ho hated the very sight of me, and had lost all respect for me, and that if I had had a spark of pluck in me I would have gone home long ago. On one occasion, about o months betoro I left him, he struck me on the arm, causing a bruise. It was in consequence of some trivial matter about his dinuer. He was always grumbling, and nothing seemed to please him. A Mrs Blair uttended me in my confinements. Before my marriage my health was good, but, within a few months after the wedding, I fell into bad health. I blame his illtreatment for it. Several times since our marriage he complained of not being quite well. On ono occasion, when ho been at the doctor's, I had to use a syringe for him. She had to do that every morning and evening for abcut a month. He did not tell me what tho complaint was. This was about ISBo—before he went to England. Offer went to England in 18S0. After his return -1 ho wanted me to perform the service again, but I declined. At that time he had some - vermin about him, and I had to rub in a lotion. On neither of these occasions did he tell me how he had contracted the disease. My first, second, andfourth children were alllieted with sores, I remember a female being brought to my house by my _> husband. It was last December.. He in-!. troduced her as a cousin. She lived there till I left the house in January. After this person's arrival she took my position entirely. She was frequently in a room alone with my. husband, and on two occa. | Sions 1 was turned out of the room where! they wore. On one occasion that I went in Offer was sitting with his cousin, their knees being covered. After Offer returned from England a new house was built and furnished. I was not consulted about the furnishing. His cousins name was Harriett Morton. She has now gone to Sydney. My husband is there too. He went übout a couple of months back. After tho cousins arrival, Offer always gave her his clothes to mend. Last Christmas Day ho said if I did - not succumb to Miss Morton she wou Id leave - in the beginning of the year and my days ■ would bo numbered—that I might prepare for my death. Last January, while I was ' turning a mattrass, ho came in, and after ! calling me a b— b—, knocked me with his first aud called up the servant girl Stott to help him turn the bed. About a week after that ho was in a great temper and ill-treated me, and I went round to my fathers with them. I returned to my husband's house in the afternoon, and he told me he was happier without me. I then returned to my father and have not lived with my husband since, lam not aware of any other misconduct on my part. By the Bench. My husband did not communicate any disease to me. Since I left him I have had no communication with him.

By Mr He*keth. After I returned to my father's house I left the matter to my father and brother.

_Eliza King deposed I am wife of Thomas King, but my former name was Mrs Sheppard. I know Mr Wm. John Offer I remember having a conversation between 187") and 18S0. During those years he mado boots for me, and I was in the habit of going to his place for them. I distinctly deny the allegation that I ever committed adultery with Mr Offer or that I ever said so. I used to go for boots, and I paid for every pair that I received. It is all a "skite" on tho part of Ex ■ Detective Strathern against mo, simply because I repulsed his own indecent overtures. I wa_' at customed to go to Mr Offer's at night for my boots, the latest hour being between 10 and 10.30. On one or two occasions the shutters wire up, but I do not no whether the assistants had gono, I have been in the room behind the shop, but not for any improper purpose, but merely to be measured Or fitted. The boy produced never dame to me in tho street and told me that }lv Offer wanted inc. Mr Boyle (produced) never camo to my house in City Read and -, ijold mo that Mr Offer wanted me. I never: went upstairs with Mr Offer, Detective Strathearn called at my house when I was alone about this matter, and mado improper overtures to me. I never said to him that I always went to Mr Offer's shop after the shutters were up, and that I always had impiiper Intercourse with Mr Offer on those occasions. Neither did I say that I went every night one week, and always got paid by Mi- Offer

Emma Parker deposed : I am the wife of William Parker. I know the respondent, . William John Offer. He had a boat and shoe shop near Goodson's Arcade. I was Quarried in April, 1882, and jjiave never # spoken to Mr Offer since then. * Before -tbaiiiiie, however, ho had asked mo to go tow his shop, and I had gone there. It was 8 o'clock in the evening. The door was open,

But tho shutters woro up After I entered the door was closed, and Mr Offer had connection with me. That was in June, 1881. I remained in the shop about half-an-hour. He had previously also asked mo to go to tho shop, but I had not been. I received payment from him on the occasion 1 mention. 1 was unmarried then, and was living by prostitution. My husband knows the statement 1 came here to make, and he also knew the life I had been leading. . To His Honor : It was only on the one occasion that Mr Oiler had connection with

Benjamin Ellis deposed : I am foreman at Garrett Bros.'factory. 1 know tho respondent in this matter. I was an appren. tfee to him. I left him about July, ISTIi. I have seen the witness working in Mr. Offer's front shop in Queen-street, next Coupland's seed store. Ho was generally in the shop botween 6 and 7. The assistants wero accustomod to leavo at G. 1 have been there when she came. Sometimes she would stay in the shop, and another time time she would go into the showroom. 1 do not know what |went on in the showroom. I remember on one occasion leaving when she was in the shop, and returning for somo tool or other that I wanted. The door was ajar, and Mr. Offer, with only his pants on, was standing at his desk. I had only been away live or seven minutes. Mr. Offer was buttoning his trousers, and I believed Mrs. King was in the back room. I have seen another female — Mrs. Finnimore —in the shop when the door was closed. Sho was left jnlono with Mr Oiler, and I saw her afterwards leave the shop. That was the old shop. Into tho one next to Goodson's I line seen females enter as late as eight or nine o'clock at night, after the shutters were up. On one night in 1882 I and somo companions saw Offer standing at the door of his shop, which drew from them somo rciiuuks. Then thoy saw a woman enter, and the gas turned down. Twenty minutes afterwards tho woman came out, and tho gas was turned on. I spoke to the woman, but do not know who she was. They went on to Parnell. Sho did not resent my speaking to her. About the same time of the year I saw another woman outer the shop between eight and nine o'clock- She had an ulster on and dark clothing. It was the same woman as I havo just spoken of. On many occasions at night when I have been alone with Mr Offor and a woman has entored he has told me I could go, or would say, "This hore is a parcel; take it and leavo it on your way lioino." He used to tako capsulos and say he was suffering from rheumatic lover. Mr Hitehins, of Blood Ro.torer famo, and Sydney Smith, tho chemist, wero nttonding iifoii him, lie was still ill when I left in iiß7.e. . John Stevens, a lad, doposed : I was employed by Mr Offer for nine months ; that was threo years ago. Mr McKorras was the salesman, and lie was accustomed to go for his dinner between ono and two, whilo I was accustomed to go to mine between one and two. Mr Offer has frequently pointed out to mo women in tho street, and sent mo to toll them Mr Offer wanted them. Then, when they would entor tho shop, ho would send me upstap-a or to go down the street on an errand. This was done several times, and the women went into tho shop. On ono occasion Mr Offer took the lady upstairs leaving him downstairs. They remained there half-an-hour. The other women, _whon they camo, stopped about a quarter of an hour. Nono of theso women were Mrs Offer, for I know her. Neither wero they customors who camo for boots. ' To His Honor : I knew none of them.

Geo. Edmund Boyle, bootmakers' assistant, deposed—l was in Mr Oiler's employ from July, 1876, till February, 1878. While I was with him I knew the femalo, then known as Mrs Sheppard, who gave evidence this morning. I have seen her frequently in Mr Offer's shop, and at all times—often in the evening. "Sometimes she came about boots, and other times I did not know what ahe came about, except that no work had been done for her. On tho latter occasions she went with Mr Oifer into tho antoroom, which was separated from the shop by a scroen. It was usually drawn, but on those occasions Mr Offer would let it down. They would remain there 10 or 15 minutes' at a time. On one occasion, when sho was living bohind the Girls' High School, Mr Offer sent me to her house to ask her to come to tho shop that evening. That was in 1877. I do not know whether she did come.

To His Honor : Tho ante-room was furnished with chairs and o sofa. Whpn the screen was let down nothing could bo heard from the ante-room. I never heard anything improper, because I was generally at the door. Annie Blair deposed ; My name was formerly Anne Blair. I have attended Mrs Offer in her confinements, and on those occasions I had opportunities of judging of the bohavour of Mr and Mrs Offer towards each other. Mrs Offer's conduct was very good and very kind. She was always trying to please her husband. Mr Offer on the contrary was a bad-tempered man, always finding fault where none really could have been found. Maria Conwav deposed : I have been in the habit for four years (excepting during their absence in England) of going once a fortnight to Mr and Mrs Offer's to wash. Mis Offer's conduct as she observtd it could not have been better, while Mr Offer was a very disagreeble and cross man. He was always quarrelling with his wife without causo. *» hile Miss Morton was in the hocßiho treated her with mere attontion and kindness than he showed towards his own wife. Elizabeth Stott deposed : I was in Mr3 Offer's service for four months from last September. Mrs offer was very kind to her husband, trying in everything to please him. Nothing, hovvovor, that she did seemed toplea3o him, and I have heard him abuse and use very bad language towards her. I could see no reason for it at all.' When his cousin, Miss Morton, was in the liouse Mr Offer and she used to be shut up in the parlour until Mrs Offer came home. When -she came home they would "o out. While in tho parlour with Miss Norton Mr Offer kept the door clased, and would allow no one to come in there, On one oecassion I was called upstairs to help Mr Offer to move a bedstead, while Mrs Offer was in tho passage.

Edward Waters, confectioner, deposed I was married to Mrs Offer's Bister, and I was present at the marriage of Mr and Mrs Offer. They were married in 1872 at St, Matthew's Church, the clergyman, I believe, being Mr J ones. To His Honor: I was one of the attesting witnesses to the certificate of marriage, The certificate produced is the one. To Mr. Hesketh :My father-in-law, Mr. A. J. Bartlett, was also one of the attesting witnesses. Ellen Breen deposed:—l was in Mrs Offer's service for about two years—from 1881 to 1883. I remember on one occasion when Mrs Offer was away from home, M. Offer telling me on a Friday that he expected a lady, and that 1 was to admit her. On the nextday, Saturday, the lady cameand was taken upstairs by Mr Offer. He came downstairs and asked me what was for dinner. Then, when dinner was ready, he came down again, and sent me up to bring down the lady. Before thoy went upstairs, he got his eldest daughter to play something on the piano, for the lady, and after it was fini.hed he wont upstairs and remained there. Mrs Offer dii all she could to make her husband happy, but he was always cross, abusive, and bad-tempered. George Christmas deposed : 1 have been in Mr Offer's service for njne years. J know that Mr Offer had been taking capsules, as Mr Offer showed them o»ce to me and asked if I knew what they were taken for. I replied that some people tqok them for weakness, and he then sftid that he had, had an accident on the previous night hy falling across tho bannisters. Harry Bartlett, watchmaker, deposed: I am the respondent's brother, and having suspicions of Mr Offer's treatment of her I had spoken to hini abqut it. He (Offer) said that he would have a separation ijs he could not put up with Jus fife's tpraper. Ho told the same to mothoij. J told fliin that the trouble could be easily disposed of tf be a. lowed his cousin to Jeavo liis house, and took lodgings fop hep next door. Mr Gffer replied that he should do nothing of the sort, as he was his cousiins protector, Lnd that it was through his and his wife's persuasions that she had been induced to ieaye England. That was In September, 1883. A week before Mrs Offerleft her home, Mr Offer toldme that he could not agree at ft.ll with her, and 1 then suggested a private separation as j. knew that my sister's health was suffering. Mr Otl'er would not consent to this as that would involvo Miss Morton leaving too. This matter has been in the hands of myself and my father, but when my sister left her home and came to our father's I had no knowledge of the improper intimacy between Mr Offer and the women who have appeared in Court which has been deposed to to-day. To His Honor: In order to procure evidence, I wrote to Miss Julia Wilson —a dark woman and a prostitute—to find out what she knew of him. Through her agency I got Mrs Parker to come for. ward and I had also Detective'Strathoarn employed in getting up evidence. Mrs Parker came to our shop and 1 pleaded with her, by Mrs Offer's troubles aud dis-

tress, to come forward and give evidence. It was then expected that tho matter would bn sottlcd privately. On ono occasion—l believe it was in 1883—my sister told mo that her husband had struck her. That was tho only occasion. Mrs Parker having been recalled by Mr llcsketh, said, in answer to his questions :•- My husband knew what I was going to say. I have not received any reward for giving my evikence, and I have made no bargin with Mr Bartlett. What I have said is the truth.

To His llonei-: I suppose tho reason why I was asked to give evidi n ~.e was because it was thought that I knew something about Mr Offer. Mr Bartlett asked me if I knew anything about him, and of course I said " Vcs."

This concluded the petitioner's case.

His Honor said he would tako time for consideration inasmuch as he was not at all satisfied that what had been stated in evidence really amounted to cruelty on the part of the respondent towards his wife. The only clear evidence as to adultry was that of Mrs Parker. As to the other evidence about women going to tho shop and of ladies being received into the respondent's house without giving their names, all that would not warrant the inferenco of adultery. Any married man might bo convicted on such evidence. As to whether tho respondent's acts towards his wife amounted to cruelty in tho eye of tho law ho was in considerable doubt, and would take time to look up the authorities.

Mr Heskoth said that surely the com miiuication of venereal disease by the respondent to his wife would bo cruelty.—[His Honor: Certainly.]— Then he was further prepared to quote authorities that tho deposition of a wife from her proper place in the household might be cruelty in consequence of tho injury to her health tho grief thus engendered might cause her. Besides that, the action of the respondent in obliging his wife to treat him while suffering from a loathsomo disease was cruel as well as debasing. After somo further discussion, His Honor agreed to look over tho authorities that Mr Hosketh might choose to lay before him. Tho matter was then adjourned till Monday.