TRAGIC END.

Auckland Star, Volume LXIII, Issue 263, 5 November 1932, Page 9

TRAGIC END.

SUIT FOR DIVORCE.

PETITIONER FOUND DEAD.

WENT HOME DEPRESSED.

JUDGE DISCHARGES JURY. A tragic climax has brought to a sudden close the defended divorce action of Holmes v. Holmes and Horne, which was opened in the Supreme Court yesterday, before Mr. Justice Smith and a jury-

Last night the petitioner, Frederick Holmes, bootmaker,, aged 55, was observed by bis landlady to be in a depressed condition. „ This morning his body was found in a seated position in his room, his head bowed over a gas ring. Life had evidently been extinct for some hqurs.

The case was one in which Holmes petitioned for a divorce against Frances May Holmes, a man named C. William Home, a seaman, being named as corespondent. The hearing was adjourned until this morning. The Court was due to resume this morning at 10 o'clock, and judge, counsel and jury assembled.

In view of the exceptional circumstances which had arisen the case was not reopened, but the three barristers concerned (Mr. R, A. Singer, for petitioner, Mr. Allan Moody, for Mrs. Holmes, and Mr. V. R. Meredith, for the co-respondent) conferred with Mr. Justice Smith in his chambers. His Honor directed that the registrar should note on the papers of the case the fact and the date of petitioner's death.

The legal position in such a case is that, being a personal action, the action "dies with the person."

The ease ended accordingly. The juryreceived their fees for a half-day's service.

The inquest was opened this morning before Mr. W. R. MeKean, S.M;, and was adjourned after evidence of identification had been taken. Deceased lived at 20, Maidstone Street, Newton. The police report submitted to the coroner stated that deceased, was a married man living apart from his wife. He had been depressed during the past few weeks owing to the divorce proceedings. He was in constant employment with a city firm of boot manufacturers. He' was last seen alive at 9.30 last night by his landlady, who noticed that Holmes appeared depressed. The body was found this morning as stated.

The inquest was adjourned sine die.