DIVORCE SUIT.

Auckland Star, Volume LXIV, Issue 261, 4 November 1933, Page 6

DIVORCE SUIT.

ALLEGATIONS DENIED. CONDUCT IN PIHA BACH. COURT HEARS EVIDENCE.

"There are two seta of statements, and the jury will have to decide which it is going to believe," stated Mr. Mackay, counsel for James Oswald Crosby, respondent in a defended divorce action continued at the Supreme Court yesterday afternoon. The petitioner, Amy Crosby (Mr. Sullivan) alleged adultery. In her evidence petitioner stated that after an all-night search at Piha Beach in company with a private detective, she found her husband with a party at a bach, the woman with whom she alleged her husband had committed misconduct being one of them. The respondent's case was that he did not agree with his wife, and they were separated in 1931, said Mr. Mackay. "Since his separation his wife had followed him and molested him frequently. He lived with his two daughters at Point Chevalier, and the whole family had continually watched him. Respondent was a friend of Mrs. — (whose name was suppressed by the judge) and of her family. The evidence concerning the alleged adultery would be a complete contradiction of that given on behalf of petitioner. Further evidence was given for the petitioner by her two daughters and John Turner, a taxi driver.

Evidence of Daughters. Eileen Crosby stated that when living with her father at Point Chevalier he brought two people home one afternoon, a Mrs. Dean and Mrs. ——. The former had just come out of hospital after an. operation and was taken ill during the evening. She and Mrs. stayed, the

nigbt. Reginald Dormer, a neighbour of respondent's at Point Chevalier, said that he was a frequent visitor to the home. On one occasion, when there were a number of people present at a party at the house, respondent and Mrs. left the sitting room and were absent in another room for about an hour. As there was some comment on the absence of the pair, he and Sylvia Crosby went to the bathroom adjoining the room where the pair where. Mrs. came into the bathroom and asked what was the matter, and was told that Sylvia had cut her finger. This she had done, but it was really only an excuse to go to the bathroom and find out what the respondent and Mrs. were doing. Sylvia Crosby corroborated the statement of going into the bathroom. A good deal of liquor was drunk at the party she said, including champagne and ale. Mr. Mackay: There was a bottle of home-made eider, which respondent made. That was the champagne! A photograph of respondent wearing a shirt and a pair of shorts was identified by his daughter as a costume he had worn when Mrs. was present at the house. . , . •__■ ■■_, Respondent's Denials. < Respondent, in evidence, stated that during the threo years he had been separated from his wife he had been subjected to a lot of annoyance and spjing. He knew Mrs. Dean and Mrs. -—— and most of their families, and frequently went to the former's house to play cards. It was quite true that Mrs. Dean and Mrs. — ; — had visited his house. Mr. Mackay: There has been. some comment about the clothes you wore. Do you wear them often? Respondent: I wore them all through the summer. Describing the party at Piha, respondent said the cottage belonged to Mrs. Dean. On opening the door of the cottage to his wife, she said, "Ha! Ha! You dirty dog, I have got you at last. Your fifth woman in two years." Respondent said that he asked his wife, the private detective and the taxi driver in, and introduced them to those in the bach.

Mr. Mackay: What do you say to your wife's allegations ? Respondent: I say it is a downright lie. To Mr. Sullivan, respondent said that he was free and easy and open with women, put not intimate. To his Honor, respondent replied that the women undressed in the kitchenette at the bach. Mrs. Dawn Dean stated that she arranged the party at Piha. She would say positively that the husband of Mrs. knew that she was going there. Percy Twiston Da vies stated that he and his wife went to the bach as Mrs. Dean's guests. Crosby, on the night before his wife arrived, slept in the bed alongside witness. He was not sleeping with Mrs. . The hearing was then adjourned until Monday.