PATERSON DIVORCE CASE.

Auckland Star, Volume XLIV, Issue 203, 26 August 1913, Page 7

PATERSON DIVORCE CASE.

f~ COMMENCED AT SUPREME I COXTBT. t I ALLEGATIONS OF'FEnTIOITER. I. j A MIDNIGHT EPISODE. A suit for divorce, brought by William Henry Paterson, fanner, of Auckland, against his wife, Mabel Kathleen Patereon, on the ground of misconduct with Gustav Kronfeld, engineer, of Auckland, joined as co-respondent, was commenced before Mr. Justice Edwards aud a jury of twelve, at the Auckland Supreme Court this morning. Mr. M. G. McGregor appeared for petitioner, Mr. J. R. Reed, K.C., with Mr. Blade, for respondent, and there was no appearance of co-respondent, who, it was stated, had left New Zealand THE CASE OUTLDCED. In opening the case for the petitioner Mr. McGregor pointed out that respondent had filed an answer to the petition, denying the allegation of adultery, but the co-respondent had neither entered an appearance nor filed an auewer. His evidence, however, had been taken in {Sydney.' The parties, counsel said, were married at St. .Sepulchre's Church, Auckland, on June 2S, 1909, when the petitioner was 33 years of age and the respondent 20. They lived together quite happily for twelve months in a house in Orakei Road, Rernuera. Then petitioner ■had reason to complain of the attentions of a visitor to the home. Mrs. Paterson indignantly denied that there was anything improper, but the attentions continued and several quarrels ensued. Finally it led to a serious disagreement about two years after marriage, but there was a reconciliation, and finally Mrs. Paterson induced her husband to bofld a house in the city.

The house and section in Waterloo Quadrant cost over £4000 and was designed ' according to respondent's fancies. Petitioner, who was frequently absent from home, of ten returned with an uncomfortable feeling as to the conduct of his wife while away, and finally decided to put his suspicions to the test. On June 25th last he engaged two detectives, Messrs. Brookes and Davidson, to watch the house, while petitioner informed his wife that he was going to the Waikato for several day 3 and would not return until the following Monday. Instead he went only as far as Penrose, met his brother with a motor car, and •returned to Mt. Eden, there to await developments. Late that night he was summoned by those watching the house

in Waterloo Quadrant, and going there discovered after some exciting incidents, that co-respondent had hurriedly quitted the building in an almost naked condition and was seized by the detectives while making his escape over a back fence. When confronted with the man the respondent denied that she knew him, and did not then, nor at any subsequent time, offer a satisfactory explanation of the occurrence. EVIDENCE BY PETITIONER.

The petitioner, in evidence, stated that his wife wa3 employed as a tyipist in an office at the time of their inarriajje. Their marital relations ran along very till had occasion to ;% ? *sanonstrate with his wife about her *" : with another man. Three thes he complained, and "finalrv there 'was serious row. "She said she thouglu ,-jnore of this man than she did of mc," continued witness, "and she asked mc to make her an allowance and she would leave." Witness declined the suggestion, and then his wife changed round and said she was not interested in the other man, and had made the remark relative to him in the heat of argument. There was a reconciliation, and matters again went along smoothly. A little later his wife complained that the house in Orakei Eoad was not suitable, and was too far away from her friends. He purchased a site in Waterloo Quadrant, and to his wife's designs erected a house. Witness was frequently away on Motiti Island, and always asked his wife to accompany him. She did on four or five occasions, but at other times made excuses. There was no reason, however, why she should remain in the house alone. She could get her mother or brother to stay with her, and did once lave the latter staying in the house. In connection with the incidents leading up to the climax on June 28th last, witness said he told his wife he was going to the Waikato for several days. He left by the 4.15 train, went as far as Penrose, there met his brother in a motor car, and returned to Mt. Eden to his brother's house. According to arrangement there was a telephone message about rrfidnight from detectives watching petitioner's house in Waterloo Quadrant, and witness and his brother motored from Mt. Eden to Princes .Street. Arriving at the house, they saw a dim light issuing from the bedroom window.

There were two single beds in the room, which roae in the from, of the house, and the light showing was Uieone ■over the bed usually occupied by hie ••wife. The light (was turned out after some five miniuk«. Witness, his brother, and the two detectives diecueed the situation. Eventually the detectives iwere posted, one at each of two gates giving access to the section from Waterloo Quadrant, and witness and hie ■brother removed their boots preparatory ■to entering the houee. Witness unlocked the front door, but jt was chained from inside,.. a,nd ooukfc not be opened more than a few inches. Mrs Paterson called out, "Who's there?" and witness replied: Tin here, open the drnor." WHERE'S THE MA'S 1 ! The door was opened, and witness exclaimed: "Where's the ma,n?" Her reply was, "Don't l>3 mad. there's no m-an sere." Witness retorted, "Then- is a man here, and I'll produce him.' . The brother turned on .the light. SHOOT 41E! SHOOT ME! ■Witness and his brother proceeded to fflake a search for the man they suspected being in the house, and tIK-u their attention woe directed , to the backJard. They raced down, following in ~ae track of the two detectives, and round KronfeH, who was naked, with »ome clothes under his arm, Jβ their enstody. "Shoot mc, ehoot mc, old man, \ you to shoot mc," cried Kronwl, but witness took him back to tie aoiise, and one of the deteetiveß gave him *n overcoat to put on. The back doors, usually -kept locked, were unfastened. When confronted with the man, Mrs "aterson, pointing to 'him, declared with emphasis: "I dont know him; I have ■■ever seen him .before." Kronield conUnnoi w ;bh the appeal to shoot Mm. <-aoirt mc," he implored, "give Tnc a gun, and I'll shoot myself."" Witness Stan, ordered the ma-n and hie wife out w *he bouse. Kronf«ld left, but his wife 7fn* back to bed. "Yon must get «reesed and get out of th-ie," ordered

witness. Later he offered to ta-ke her to iher mother's, or sister's, or to any hotel or boardinghouec in .the city, but she declined his help. He also offered lict what money he had on him at the time, and wh<ra &he refused this he put the money dn her pocket. She then left the house. A few (minutes later he went after hie wife in the motor car, caught up with hoT in Princes Street, renewed the offer to drive Jier wherever tshewanied to go, and said he intend-ed to go and inform her people of the occurrence. "For God's sake, don't te:H my mother," she implored. AYrtnceß. however, did <ro to 'hie wife's 'parents.

Petitioner produced a blnck suit of clothes found in the house, and from the pockets of which, h-e said, .sozno letters had fallen.

"NO PARDON FOR ADULTERY."

Continuing his story, the petitioner said lie sle.pt on a oouch in his house that night, and in the morning found some aKiolcs of clothing in his neighbour's fowl-yard, including a shirt, singlet, ami one sock. These he placed on the eafo in his office at the house, but after getting his own breakfast and .feeding a pony, found they were missing. He was unable to discover how an entrance had been effected, nnd immediately telephoned for a cabinetmaker to come up to change the lcks. Subsequently he fund his wife occupying a bed in another room unknown to" him, and he withdrew as soon as ho saw her. A little while afterwards she invited him to partake of breakfast, but he refused. She offered no explanation of the previous night's occurrence. Witness left the house, but on returning at night, and finding his wife still there with her brother, brother-in-law, and the latterY daughter, told her thai she would have to leave. She said she had done no wrong, and reminded him that it was the anniversary of their wedding. "Yea," he replied, "and this ie how you celebrate it." She left that night with her relatives, and ho hud since been allowing her £3 a wrek. He bad since had conversations with her.

Mr. McGregor: Did she say at any time that Kroufeld was pxesing, and, after talking to her, offered to assist her with feeding the pony?— No.

What explanation did she make?— She said she was at tho door when Kronfeld was passing. Hβ stopped, and after talking a while, 'pressed her to let him conn- in. She admitted that she bad done wrong, and wanted mc to pardon her. 1 said there was no pardon for adultery. She said she wanted mc. and asked mc whether I had ever done anything wrong. 1 replied that I had never come at anything like that, and the interview ended.

PETITIONER UNDER CROSS EXAMI NATION.

Cross-examined by Mr Reed, the petitioner stated that with the exception of the earlier disagreement he and bis wifo lived on very affectionate terms. They parted as usual on the Friday. It was the first occasion on which he had employed detectives to watch his wife, but he understood that his brother (John Pateroon), unknown to witness, had previously had respondent under observation. H'i3 brother had also spoken to him several times reflecting on the morality of witness' wife. Mr Reed: Your brother did not like her, and objected to you marrying?—He liked her, so far as I know, but he had no cause to like or dislike her. Mr McGregor: lie was best man at the wedding , . Mr Reed: When was the first timo that your brother spoke to yon about your -wife? —About two years after our marriage. Did you tell her that your brother was saying these things about her?—l may have, but I don't think so. Proceeding, the petitioner said it was in consequence of n letter he received while at Tauranga from his .brother that he returned to Auckland. He met her and treated her as usual. His wifo looked after the house, doing all the work herself. She was not very delicate. He had not denied her a servant. Mr Reed: Mrs Paterson says that she frequently complained of not being strong enough to do all the work, and drew attention to the fact that she was living alone, yet you said you could not afford a servant?— That is not so. She could have had a servant without objection from inc. She was very particular about the way the house was kept, and said servants were unsatisfactory. • Bptiticmer admitted that a little while agoWiis wife -was ill and a doctor was senior. She was just up again when he wont on -mc of his visits to M,otiti Island, but 'before going he did not make any provision for help or company. He assumed she would get iher mother or brother to stay with her if she was lonely. Mr Reed: Do you think you were justified in leaving your wife, a young woman, in the house alone?— Yea. Didn't she frequently beg you not to go away so often?— No. But on this Friday, when you said you were going to the Waikato, didn't she say "Why, you're juit back"?— No. Didn't you reply that you were going to see some cattle, and as feed was scarce it was .1 chance to make money?— No. Further pressed, the petitioner admitted that he told his wife ho intended to look at his brother's cattle, and that feed was scarce. Mr. Reed: And were you going to your brother's?— No. So it was an untruth?— Yes, it was. And didn't it follow on a suggestion from her that you were leaving early after return? —No; it was a straightout speech of mine. l>) you consider you were justified in lying to your wife?—l had a moth* in view. When a purpose, is to be gained, then you consider you are warranted?— Certainly, under such circumstances. Petitioner further replied that he made his wife no fixed allowance, but gave her whatever she asked for. Ho did not always ask for details of expenditure. Mr Roed: Did you not object to her associating with ono or two families? —I objected to the one individual. He is not the eo-respondent?—No. Didn't you invite him to the house?— At her request, to teach her billiards. Afterwards 1 said she was not to invite hijn to the hou.se under any consideration. You were jealous of this man, and. you say you were fond of your wife, yet you didn't suggest that a woman should be engaged to keep your wife company?— No. * The cross-examination was proceeding this afternoon.