SUPREME COURT £1000 Damages Sought In Divorce Petition

Press, Volume XCV, Issue 28209, 22 February 1957, Page 6

SUPREME COURT £1000 Damages Sought In Divorce Petition

A man, who petitioned in the Supreme Court yesterday for divorce from his wife on the ground of her alleged adultery, told counsel that they were still living in the same house and that his wife had taken a cup of tea to him in bed in the morning. The petitioner, James George Murray, a factory worker (Mr E. G. Dingwall), is petitioning for divorce from Mary Patricia Murray (Mr L. G. Holder) on the ground of her alleged adultery with Maurice Clifford Richards, a glass beveller (Mr D. I. N. MacLean). named as co-respondent. Murray is claiming £lOOO damages from Richards. The case is being heard before Mr Justice Adams and a jury. The allegation on which Murray relied was that in May. 1956, his wife and Richards, a married man, committed adultery over several week-ends in a house at West Melton, said Mr Dingwall outlining the petitioner’s case to the jury. Murray would say that from 1951 onwards his wife and Richards had had an adulterous association. In his spare time, Richards did work on his own account. He arranged to paint a house for a Mr Graham at West Melton in May, 1956. The work extended over three or four weekends and Richards stayed in Graham’s house. On at least two week-ends he w T as accompanied by a woman the Grahams knew as Mrs Richards, and Richards and this woman lived there at these week-ends as man and wife. Murray alleged that it was his wife who was with Richards at West Melton.

Evidence was given by Desmond Atkinson Graham, a farmer, and Myrtle Graham, a widow. James Murray, the petitioner, gave evidence on the lines of his counsel’s statement of the case.

In reply to his Honour, he said his wife was still living in the same house with him but they had different bedrooms. To Mr Holder, he said he had known of Richards from 1951 to May, 1956. Murray said he lived in a separate room at his home. His wife carried out the usual domestic duties at the house. His wife had taken him in a cup of tea in bed that morning. He took in a cup of tea to his wife in the mornings last week when she called out for it. Mavis Elizabeth Richards, wife of the co-respondent, gave evidence on the conduct of her husband and of seeing him with Mrs Murray.

Mary Flewellyn, a married woman and sister of the petitioner, gave evidence. Case for Respondent Mrs Murray would deny absolutely that any adultery took place, said Mr Holder, stating the case for the respondent. She would say that the first fewyears of their married life were happy, but from 1948 the marriage began to deteriorate. Difficulties arose and there were dissensions. Her husband used force to her at times and oh two occasions he gave her a black eye. She would admit that she met Richards in 1951 in a hotel where she used to have a drink on a Saturday afternoon. It might have been a silly thing to do, but she drifted into a friendly association with Richards. She would say that she went to West Melton with Richards on two occasions but she had her children with her and did not share a room with Richards. No adultery took place. She would say that she had been locked out of the house on several occasions and that her husband had told her to get out and stay out and that he did not want her any more. A stage was reached where they had a discussion on their marriage, and words used were: “You go your way and I’ll go mine.” Mrs Murray would say that her husband was reasonably indifferent to her association with Richards. She and her husband shared the same bed until 18 months ago, when Murray moved to another room. They were still living together in the house except that they had different bedrooms. The hearing was adjourned until today.