HUSBANDS SUIT.

Auckland Star, Volume LXVIII, Issue 113, 14 May 1937, Page 3

HUSBANDS SUIT.

DENIAL BY WIFE. MISCONDUCT ALLEGATIONS. t i INQUIRY AGENTS' EVIDENCE. Two private inquiry agents were called as. witnesses in the Supreme Court to-day in support of a husband's petition for divorce, heard before Mr. Justice Fair and a jury. The petitioner was Donald Oordon Mackie, taxi proprietor, of Waihi. and the respondent Betty Fatrioia Mackie. The husband alleged misconduct against his wife, and she denied the allegation. Mr. McLiver appeared for the petitioner, and Mr. Xewbery for the respondent.

In tlie petition tne husband stated that lie was married to the respondent in October, 1931. at Hamilton. They lived together until April, 1930. and then separated by verbal mutual agreement. There were no children. For the greater part of the time since then the petitioner had paid £1 a week for his wife's maintenance.

The allegations related to incidents at the Waihi Beach, the petitioner alleging that two private inquiry agents surprised his wife in compromising positions on three occasions with men whose identity could not be established. It was alleged that one of the incidents occurred in a motor car on December 19, 1936, and the other two in the vicinity of the cabaret at the Waihi Beach on the night of January 9 last. A Visit to the Pictures. The petitioner, Donald Cordon Mackie said everything had crone well in his married life until March, 193.5. His wife had gone to the pictures, but when he went to find her at the interval he was told that she had not been there. "She arrived at the pictures some time after 9 o'clock; , said witness. '-.She admitted having been in the recreation ground with a man named Walter Cooper. She started to cry. Some time afterwards, in April, 1930, my wife lett, and I paid her maintenance* of 1.3/ a week. Later I paid fl a week, which I have paid up till the present time"

"I Put Her First." Petitioner said he had not set up a home for his wife because he had views ot getting a service station and had only limited resources. His wife had assisted him in his quest for a service station. He had enlisted the services of inquiry agents last December because he had observed the respondent in the company of other men.

To Mr. Xewbery petitioner said his w l f e was 17 when lie married her He had promised he would provide a home tor her as soon as he could afford it 1 put her first in everything," he said William John Churchill, an Auckland inquiry agent, said he had been engaged by the petitioner in December to "T> to Waihi. On December 19 he Md%een Mrs. Mackie and four men in a motor car arrive at the cabaret at Waihi Beach. Three of the men got out. leaving Mrs. Mackie and the driver in the car. Later, witness said, he observed the respondent and the man together in the back part of the car. The blinds of the car were lowered.

On January S witness made another visit to Waihi and stayed at the hotel where the respondent was employed a< housemaid. On the evening of the 9th Mrs. Mackie told him she was jroiim- to the dance at the Waihi Beach and said she was "going to have a good time."' Witness, in his car. followed the bus in which Mrs. Mackie travelled to the beach. At 10 p.m.. witness said, he saw Mrs. Mackie come out of the cabaret and run down the road to where two young men were standing. Later he observed the respondent and one of the yoanar men together in a compromising position in a section near the cabaret" An hour later he observed them similarly together nsain. after which they l"nv<le,l an empty bus and returned to \\ jiilii. The case i< proceeding.