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raasr bumand Aβ uaum&oaumsw.


A suit 'ChiwaeterhMd by aorae remarkable feature* was beard in the .London Olrorce Cenrt at the end of January, in which Capt. Boipsf Htuwy •ManckrMaseu, of the fieyaJ Miiueter FeaiUen, at present Adjutant «f the Cawnpare Volunteers, India, petltlooed Cob «, divorce from bis wife, Mrs, S)th«l Beatrice Alonck-iMastMi, en the ffreun4 of her oulßcenduet witu Capt, aiwtni Qtmeat Koblueen, Hits, iUoiK:k-ll*«uci denied misconduct, but the coJeepemdent (agaioat wham dsrangw w«« (totaled) made; no answer.

•Mr. Barnard, K.C., for the petitioner, eald that about the year 1001 hn made the acquaintance of his present wife, who was the daughter of an officer in the army. She at that time .was living as Mrs. Roblqeoq, having eight years previously gone through a ceremony of marriage wlbh Capt. Robinson (the co-respondent).

Soon after the petitioner's marriage It was ascertained that Oapt. Robinson, had foaen married in England In the year 1878, at the parish church of Hampton, And tfuit In ISTS he and his wife went to lAmerica, where they lived until 1883. In that year Oapt. .Robinson left his wife In America and returned to England, where he resided until 'May 2, 1808, when he married tne present respondent at St. Margaret's Church, Westminster. They Jived together, and on* child iwaa bom, named .Viodet. AMERICAN DIVORCE. 'It came to light after the marriage of 1883 that in ISH7, four yt-ara after Oapt, Robinson had left his first wife in America, she sought and oßtained a divorce from trim In California. Thle fact Savfllg com* to the knowledge of the present respondent, she in March, 1901, filed a petition, in the Divorce Court for a decree of nullity of her maTrtage with Capt. Robinson, on the ground that the CaUfornlan Court had no jurisdiction to dissolve the marriage of an Englishman, who at the time of the decree was In England and domiciled there. The lady 'having obtained legal advice that her marriage with. Capt Robinson was mAI and Tok', she on June 7, 1901, married the present petitioner, Ciapt. Ilonck-Mason. It was not until the following November 8, 1001, that the decree of nullity wee made absolute. These facts, which led up to the present ease, would have, counsel thought, an important bearing on the question of damages. Capt. iMonctc-Maeon had never seen the co-respondent and knew nothing about him. Haring married bis wife and been told of the decree ot nullity, Capt. iMonck-Uaaon lived with her at Richmond and at other places. In November, VKH, ols regiment was ordered to India, and hi December, 100(5, his wife followed Mm. 'JHi*y lived together in India until November 16, 1867, when Mrs. Monck-Maaon's health being bail, ebe returned by herself to Bogland.

It was quite clear, said couneel, th»t after she returned to England sh« met Robinson, who was staying at the time at Clarges-etreet, London, because evidence would show that at that address he inquired of the landlord whether he could take a room for his slater, whose name be gave as Mm. iionck-Mason.

In January, 1908, Mrs Monclt-Mason was at San Remo, staying at an hotel with a gentleman who passed as "Mr Monek-Ma-son," from January 13th until February 11th, when the supposed Mr Monck-Maion loft, and returned on February 33rd, remaining at the hotel until March 3rd. During that time the two occupied the same room, passing as husband end wife. Witnesses at the hotel would identify the supposed "Mr Monck-il»soB" ai Captain Robin-

Counsel alleged that Captain Robinson at that time had knowledge that the respondent had married the petitioner.

On April Bth Mrs Monck-Mason wrote to Captain Mnnck-Mason In India from the hotel at San Remo:

"I am, and always have been, the legal wife of my first husband, In spite of the decree of nullity of my marriage. The action In England I consider nothing. ... It was my duty to go back to him, and restore to him his child and his rights, of which he has been unjustly robbed all these years. In seeing Captain Robinson now I emphatically maintain I am committing no sin, although yon may not believe it." Evidence, taken on commission, was read. It was stated that Captain Robinson's first wife had married again since obtaining her divorce decree in California. WIFE'S LETTERS. Mr I. H. Watts, tor the respondent, read letters which she had written to her husband. On February 10th, from San Remo, she wrote: "My dearest ißoger,—l won't make any comment on your last letter, except that you seem to be wanting a good deal in spirit, if nothing else, to give mc up as readily o« ;ou are doing, and agree so easily to a parting of our ways. "But outside the sentimental elements of such an agreement there is the business side to consider, which you seem to have forgotten. Wbat am I going to live on, at least until w» agree to live together again, if we ever do? By the time this reachei you I shall have exhausted the supply of cash received from you since my arrival In England, amounting to {30 of your own money and £00 owing to mc out of the £180 (which respondent said she bad lent to him). I bope you will be sending mc the balance p! my money (£7O), as I shall coon be needIng It.—Tour very affectionate wife. ETHBL." Later Mrs Hanck-Mason wrote (Id reference to the present proceedings): "Sou will not obtain a walk-over. Had Captain Robinson dlscloeed the fact that he was an American cltlsen he would bare been bound to have brought an action for bigamy. Where would yon have been then? Ruined professionally for life.

.. . . You married mc while I was still legally the wife of Mr Robinson, and before I was pronounced free of my marriage compact with him. You must see that the publicity of this case would be enormous, and Louis told mc that It would oblige you to retire from the Army in more or less disgrace. Hr Robinson will leave no stone unturned to upset the decree of nullity of my marriage with him, and I sbaU aid him by every means in my power. Unless you are less magnanimous tban he was in the nullity suit, you will aid mc In this. If you are a man you will act in our present case with an equally generous magnanimity as E. B. did In the former case.

"He went to the wall and suffered the vilest Injustice, and the ruin to his happiness for life, for my sake, because he thought I was happily married, Instead of bringing an action for bigamy. Be allowed himself for my sake to be branded a ecouudrel. "Now If yonr chance, Roger, of proving the sort of stuff you are made of, and of proving that you are neither less noble nor less unselfish than he was." In another letter the respondent said: "I may hare acted foolishly, but I tried to do whet was for the best, and If ap-

pcamnce* are «g«u«t <n« I have not been guilty as you suspect. While I was at Ban Bemo, and •luce' being there, I have lived by myself, and I think it is cruel to condemn mc »c a,.chance to explain my actions." <

Bis Lordship: Is tbe respondent tereT Mr Watts: No, my lord. Hla Ifordsblp; Then what does this correspondence meant 1 '

Mr Watts eald the solicitors had' Informed bliq that Mrs; Mpack-Stason was at Pβvonport, and unable to appear that day.

His Lordship: The whole correspondence seems a question of money, so that she might deelda which man to live wltfi.

The jury found that Mrs Monck-iQaaoff had misconducted herself with Captain Robinson, and assessed damage* at £2000. His lordship pronounced a decree nts|, with coats, but made no order as to Mrs Mom-k Manon's costs. Judgment was given for i2OOO damages.

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Bibliographic details

LADY'S TWO KUSBANDS., Auckland Star, Volume XL, Issue 62, 13 March 1909

Word Count

LADY'S TWO KUSBANDS. Auckland Star, Volume XL, Issue 62, 13 March 1909

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