HAMILTON DIVORCE CASE

Auckland Star, Volume LIV, Issue 292, 7 December 1923, Page 7

HAMILTON DIVORCE CASE

NEW TRIAL REFUSED. (By Telegraj-h.—Own Correspondent.) HAMILTON, this day. Before Mr. Justice Herdman. Mr. H. T. Gillies made application to-day for a new trial in the Stevenson v. Stevenson divorce suit, heard before his. Honour and a jury of twelve at Hamilton last week, when a verdict was given in favour of the wife, Beatrice Elizabeth Mary Stevenson, against whom adultery was alleged. Mr. Gillies, who appeared for petitioner, William Thomas Stevenson, picture theatre manager, of Pacroa, contended that the jury's verdict was against the weight of evidence, and if a new trial were refused it would be tantamount to a declaration that there was deliberate conspiracy between petitioner and his brother to get respondent to sign a document of which she did not know the contents, -which in reality was an admission of adultery. Mr. C. L. Macdiarmid (for respondent) contended that the evidence was directly contradictory, and the jury ma| honestly have come to the conclusion that they could not decide cither way. Their verdict was therefore perfectly right. His Honor said it was quite plain to him that respondent was not of the same mental calibre as petitioner, and the jury may have decided she was dominated by her husband and was perhaps tricked into signing the document. Throughout the hearing she strenuously denied having misconducted herself with co-respondent, and stated with emphasis that she had not read the document nor had had it read over to her. His Honor was not convinced that there had been a miscarriage of justice, and therefore refused the application.