AN AUCKLAND DIVORCE ACTION.

Auckland Star, Volume XXIV, Issue 139, 14 June 1893, Page 8

AN AUCKLAND DIVORCE ACTION.

PROCEEDINGS AT THE SUPREME COURT.

A divorce action came before Hi? Honor Mr .Justice Conolly afa tiio sitting of the Supreme Court this afternoon. The parties wore George McDonald (petitioner), Elizabeth McDonald (respondent), and Patrick Daley (co-respondent). Thi; was a suit for dissolution of marriage on the ground of alleged adultery. The petitions set out that the petitioner (George McDonald) was married to the respondent (Elizabeth McDonald), at that time Elizabeth Dougherty, on the 22nd January, 1830, at the Registrar's office, Port Chaimere. They had lived together for some years, arad finally in March, JBS9, t.ho respondent left her home and refused to return. She led a dissolute life, bein^ known to the police as a woman of loose character, and was sentenced to six months' imprisonment on t'no1 16th June, IS9O. About April, 1892, it wag further alleged, she went to live with the corespondent, a gumdigger named Patrick Daley. On tho'l2th December, 1892, she charged Daley with assault and stated in tho Court she had been living with Daley since April. The petitioner had no know.ledge of the exact whereabouts of his wife till the I2oh December, 1892. He had nob been in a position to tako proceedings before, on account of lack of information and means. The respondent and co-re-spondent it was stated had both admitted the adultery and intimated their intention to the persons who servod them with the petitions of taking no step 3to defend. Mr F. E. Baurae appeared for the petitioner. Mr Baumo read the petition, which stated that Iho petitioner was a labourer residing at Karaneahake, and had lived with his wife at Port Chalmers, Kurneu and Honderson's Mill.

George McDonald, the petitioner in the case, deposed that he was married to the respondent on the 22nd January, 1880, at tho Registrar's oflice, I'orb Chalmers, and lived with his wife for some time. They had no children. In the year ISSO he was living with his wife at Henderson's Mill up till March of that year, when his wife went away from him without his consent, Witness could give no reason for hi 3 wife going away. She stopped in town for about three weeks. He brought her back on a Saturday night and she returned to town on tho Monday. Witness followed hor and saw her in a lane olf Swanson-streeb. Ho asksd hor would she go homo, and she replied, "No; she would never go home again." His wife gavo no reason. She had never complained to him about the way ho had treated her. Witnes3 then left her and had never spoken to her since, but ho had seen her once. This was on tho morning of tho case with Daley. Witnoss had never received a lettar from his wife, but ho received one from someone on her behalf. His wife could not writo. Witness could not speak himself an to any acts of adultery.

To ,His Honor*: Ho was once away from his wife for four years. This was 9 years ;:go. Some one told him that his wife was living with another man. He stopper! away from his wife 4 yeara at Northern Wairoa and did not support her, but ho left her credit at a store when he went away. Witness's In-other saw that things were not going right, and ho stopped the credit at the store, but witness did not tell him to do so. Witness went 'from Northern Wairoa to the Ohinetnuri district;. A few months afterwards he came back to Auckland, when hi 3 wife camo to him and asked would lie forgive her and take her back again. Witness consented to take her back, and they went to live on the gumfields. They continued to livo together six or sovon months, when witness found that while he wasaway at workabe would goawiiy drinking. Witness always brought her home and tried to pacify her, and do what he could for her, bub it was of no use. Edward Hughes, detective, deposed that petitioner was a hard-working, steady, labouring man, of. very good character. Witness served tho citation on respondent on the 21st December, 1892, at her mother's housein Durham-street. He read the citation and explained the matter to witness. She replied, " It is quito true, I have boon living with Daley since Good Friday last," at ths gumh'eida at Hendsraon's Mill. She said that she would not appear in tho case. Ale. Donald was too good for her." iv September last, when « police oliicot, Daley and respondent came to witness and Daley said that thoy were living together on tho gumfielda. Daley aaid ho had given Dougherty tome monoy and sho had loifc ib in a house of ill-fame, and lie wanted witness to receive it. Respondent was known to the police as Elizabeth Dougherty.

T. A, Moresby, clerk at tho Auckland Police Court, deposed that on the 12th December, 1892, respondent charged Daley at the Police Court winh assault. Dougherty then stated the assault arose out of Duloy wanting her to go back to tho gumlielda. (>. S. Reston,gaoler, deposed that Patrick Daley was discharged iromgaol on Saturday last after serving six mouths' imprisonment \Vieness read the petition co Daley stating tho allegations when he was in gaol, Daley told witness that he could not deny tho allegations, and that he had lived with tho woman. His Honor granted n decree niri.