MARRY OR PAY.

Auckland Star, Volume XXVII, Issue 135, 10 June 1896, Page 5

MARRY OR PAY.

£1,500 Damages to be Forgiven if WntA

AND CO:ReSBONDEN_ W_D,

Mb Berkley, who is an engineer, on one of the Indian railways, was married to his wife, Eliza Louisa (called Lou for short), at St. Thomas's Cathedral, Bombay, on 17th April, 1884. In-; 1886 they made the acquaintance of Captain Hawkes, who waa quartered with bis regiment at Seoundera* bad. Tliero was nothing to excite tha husband's suspicions even when, in 1894, under the pretext of avoiding the heats, Mrs Berkley, instead of going to the hills, went) home to England, and Captain Hawkes went home in the same steamer, Mr Berkley subsequently received the following letter from hia wife:—« For the las» five years our life ba. been anything but ai happy one. I told you when I left foe England this time that if I heard from a reliable source that you had again; given away to your unhappy weakness-1 would never return to you. I have heard that yon have given .way, and rather than return to India I will give you proof of my infidelity with Captain Hawkes, and aek you Jto divorce me. It gives me great pain to writs this to you, ac I know it will give you 'soma pain to know it. I have told my mother all. Your kindness and generosity to me I Bball never forget.' <_

The ' proof of infidelity' was evidenca that in August, 1894, Mia Berkley and Captain Hawkes stayed at the, Role Arms Hotel, at Beaton, in Devonshire, ac hueband and wife: ,

Mr Berkley claimed damages, against Captain Hawkes, and in tbe pleadings both respondent and co-respondent denied tha charge of adultery. Mr Barnard, for tba petitioner, suggested a consultation between faimsoli, his lordship, and counsellor the respondent and co-respondent. As tha result of the adjournment to hia lordship _ private room Mr Barnard made the follow* ins strange, announcement : ' Counsel for the co-respondent has agreed with me, subject to your lordship's approval, that tha damages shall be assessed at £1,500. The petitioner never wished to have any of tha damages for himself, except any small sura which would pay the coses of the suit. A communication has been made to him that) the co-reepondeut intends to marry this lady, and the petitioner will be perfectly satisfied, wit-* bhe approval of your lordship, if you assess the damages at £1,500, not to enforce these damages if the corespondent marries this lady wit-in.sir months after the decree is made absolute (which will be six months hence). 1f ...n0 . he will ask to havo tbe damages enforced.'

The jury found the respondent and corespondent guilty of adultery, and awarded the petitioner £1,500 damages., His lordship made a decree nisi, and an order aB to damages in the terms suggested by Mr Barnard.