"A MERRY CHRISTMAS"

Auckland Star, Volume LXXVI, Issue 118, 21 May 1945, Page 6

"A MERRY CHRISTMAS"

UNFAITHFUL WIFE'S LETTER TO HUSBAND OVERSEAS No evidence was offered for the defence in the Supreme Court to-day when Ashton Everard Huia Furness, returned soldier, of Matamata, petitioned for divorce from Jessie Furness, of Christchurch, on the ground of adultery, Thomas B. Stubbing being cited as co-respond-ent. The case was originally set down for hearing as a defended case. A jury was empanelled, but only to assess damages. Mr. M. Robinson appeared for petitioner, and Mr. T. Henry for the respondent, and corespondent.

Petitioner, a farmer, said he married respondent on February 14, 1940. At that time he was a truck driver, and he and his wife were quite happy. lit October, 1940, he was called up for military service and went to the Islands, returning in May, 1941. While he was away his wife wrote him regularly and in affectionate terms, and on his return he spent his leave with her.

In June, 1941, said petitioner, he went to the Middle East, and in September, 1943, he received a letter from respondent in which-she told him she was going to have a child and wished him a merry Christmas. On his return in September, 1944, he learned his wife was living with the co-respondent, Stubbing, in Christchurch. In his petition for divorce petitioner had claimed £500 damages, but he had learned that Stubbing was a returned soldier and had lost an arm. .Petitioner had now agreed to accept £50 damages.

Evidence of admission of adultery by both respondent and co-respond-ent was given.

Mr. Robinson said that corespondent had stated that he did not at first know that respondent was a married woman, and there might be some justification for that statement. The jury found adultery had been committed and awarded petitioner £50 damages against the corespondent. _