EVIDENCE SOLD.

Auckland Star, Volume LXVIII, Issue 266, 9 November 1937, Page 8

EVIDENCE SOLD.

WIFE'S ALLEGATION.

JUDGE BELIEVES HUSBAND. 3CECR.EE NISI IS GRANTED. (Special.—By Air Mall.) LONDON, October 21. A wife's statement that the corespondent's evidence had. been sold to her husband was rejected by the president, Sir Boyd Merriman, in the retrial of her husband's petition in the Divorce Court. Both sides sought a decree, and, finding in favour of the husband. Sir Boyd Merriman said, "I do not think I should be doing my duty if I did not direct that the papers, and particularly the ' wife's affidavit, should be referred to the ' Public Prosecutor." On June 6, 1935, Harold Edward Man ners. a hairdresser, was granted a decree on the ground of the misconduct of his wife, Florence Cecilia Dorothy, with a man nenied William Marcus Fortescue. Applying in January last year for a retrial, Mrs. Manners said she had never been served with the petition and had not committed misconduct. The decree was rescinded, and when the case came on for retrial this week Mrs. Manners alleged misconduct by her husband with Miss Doris Neilson Bogh. This was denied. Counsel's Advice. The Court's attention was called to a letter which Mrs. Manners was said to have written to her husband some time ago, and Mr. W. N. Stable, K.C., after seeing Mrs. Manners, announced that she had accepted hie advice and, as a result, he could not continue to defend the husband's petition. He also had difficulty in pursuing her cross-petition for divorce. Mr. Manners and Miss Bogh went into the witness box and denied misconduct. Sir Boyd Merriman said Mrs. Manners' affidavit suggested that Fortescue's evidence had been bought by the husband —in other words, that the husband's ■ease had been founded on fraud and forgery—subornation of perjury. Letter to Husband. "If these allegations were true, no words would be harsh enough to describe the conduct of the husband. Xow a letter from %he wife to the husband, written after the home had been broken up, has been produced. It says: — "For God's sake, Harold, let this be final. If you have any heart —and I know you have—do be a little considerate and treat me like a human being. Why not let us put o-r best fronts forward and make son '.\ing glorious out of what nearly end.d in tragedy. "Surely it is a temptation to any woman who has had so little pleasure these later years, but I will play the game now and for ever. ... I never loved Bill. It was only because I was alone for months and months and ho was so attentive I suppose my head was turned. ... I can't go on like this. At least see me so that I can be reassured. —Yours, broken-hearted in spirit." The King's Proctor. "This is not a case," proceeded Sir Boyd Merriman, "of a woman with her back to the wall swearing falsely on the spur of the moment in order to defend herself. The matter had already been decided by this Court. "She took active steps to get the whole proceedings set aside and sub- . jected her husband to the indignity of these charges of fraud and forgery. I am quite satisfied that this case against the wife is proved." Sir Boyd Merriman added that he accepted the evidence of Mr. Manners and Miss Bogh, but as the case against them had not been investigated it followed that as a matter of course the charges concerning them must be submitted to the King's Proctor for investigation. Mr. Manners would be granted a decree nisi and the wife's cross-charges would be dismissed. Miss Bogh would be dismissed from the suit.