DEFENDED DIVORCE PETITION

Press, Volume XC, Issue 27498, 4 November 1954, Page 5

DEFENDED DIVORCE PETITION

CASE BEING HEARD BY JURY OF ELEVEN A defended petition for divorce is being heard in the Supreme Court by a jury- of 11 instead of the usual 12, one of the jurymen being discharged by Adams after the hearing bC fhe' petitioner, Joseph Oswald Pfahlert. a grocer, is seeking a divorce from Mabel Winifred Pfahlert on the ground of adultery, and has named Raymond Joseph Atkinson, a farmer, as corespondent. The petitioner is also claiming £5OO damages from Atkinson. Pfahlert is represented by Mr A. W. Brown and Mr P. T. Mahon; Mrs Pfahlert by Mr E. M. Hay: and Atkinson by Mr K. W. Frampton. When the Court resumed after the afternoon adjournment his Honour said that counsel would have seen the

note sent in by a juror. Mr Brown said that they had and were agreed that the juror should be discharged and the case proceed with 11 jurors. His Honour thanked the juror for drawing attention to the matter mentioned in the note. He said it would not be fair to the parties if the juror was on the jury, and it would also be embarrassing to the juror. With the consent of counsel the juror would be discharged and the trial would proceed

with 11 jr irs. Mr Mahon, outlining the case for the petitioner, said that Pfahlert and his wife were married in Greymouth in December. 1938. and there was one child, born in March. 1941. In 1946 they were living in Christchurch, the petitioner having a grocer’s shop fit the corner of Edge ware road and Madras street. About that time Atkinson came to live across the road and they became friendly. As time went on Pfahlert thought that Atkinson was becoming too friendly with his wife, and tried to discourage him from visiting the house. On July 26, 1952. Pfahlert found a letter written by his wife to Atkinson before she posted it. He spoke to her about it, and she agreed not to see Atkinson again At the beginning pf March, 1953. Pfahlert' again spoke to his wife about dropping her association with Atkinson, and she said no. it was now too late to do so. Pfahlert then set out to catch his wife in adultery with Atkinson and would give evidence that he did so on March 18. 1953. Pfahlert sold* his shop in August, 1952, and he and his wife then went to live in Chapter street. On March 28. 1953. Pfahlert left the house and had lived elsewhere since then. The petitioner was giving evidence when the Court adjourned until this morning.