Supreme Court DIVORCE CASE ADJOURNED AFTER THREE-DAY HEARING

Press, Volume XCVII, Issue 28530, 8 March 1958, Page 7

Supreme Court DIVORCE CASE ADJOURNED AFTER THREE-DAY HEARING

The taking of barbiturate pills by the wife of a surgeon was described by her husband in the Supreme Court yesteray as a form of exhibitionism 'to gain sympathy. Cross-examined during the hearing of a defended divorce petition he said that there was no great risk in his wife’s • taking the pills as expert care was available in a very short time.

The husband, Lindsay John McFarlane Black (Mr J. B..,Weir) sought a divorce from Gladys Norgaard Black (Mr A.-C. Perry) on the grounds that they had made a verbal separation agreement, that they had been living apart for more than seevn years, and that a reconciliation was unlikely. Mrs Black denied the separation agreement and alleged that her husband had wilfully deserted her, and that their living apart was caused by his wrongful conduct in associating with Miss Jeanette Wood, a nursing sister. The hearing, which has lasted three days, was adjourned at 9.15 p.m. yesterday after evidence in rebuttal of the wife’s allegations had been completed.

Under further cross-examination by Mr Weir, the respondent denied that when stye had taken barbiturate pills in her husband’s presence it had been merely “an act.” She agreed that on occasions her husband would take brandy, cigarettes, rugs and cushions, and dressed in his best clothes, would inform her he was going fishing.

Questioned about the meeting with her husband at which a

separation was discussed Mrs Black said that she had made no verbal agreement to a separation. Introducing the petitioner’s evidence in rebuttal of the respondent’s allegations, Mr Weir said the petitioner would deny that their living apart had been caused by his association with Miss Wood, and that he had deserted his wife. The principal matter for rebuttal was the association with Miss Wood. J Counsel submitted that in a similar case his Honour had held that such an association had to be the “true and substantial cause” of the separation for the petition to fail on that ground. “If the evidence of the respondent is accepted completely she has not made out a case of any association and has fallen short of the legal requirements that it was a true and substantial cause of the separation.” The real resaon for the break-up of the marriage was the wife’s behaviour in several regards, Mr Weir added. Black said in answer to Mr Perry that he believed the disruption of the marriage had been caused not by his association with Miss Wood but by his wife’s mistrust of him. SIXTEEN CHARGES Man Remanded For Reports Appearing in the Supreme Court yesterday for sentence on 16 charges involving offences of theft, receiving, breaking and entering, and unlawfully taking cars, Norman Lemon, aged 26. was remanded in custody to March 14 for reports from the Justice Department on his previous convictions and proof of his age. Lemon had been convicted on the charges in the Magistrate’s Court and committed to the Supreme Court for sentence. Mr Justice Adams told Lemon that on his previous record he appeared to qualify for preventive detention (three to 14 years’ imprisonment), but the Court was not satisfied on the available information that there was sufficient proof of Lemon’s eligibility for the sentence. Mr C. M. Roper appeared for the Crown. Lemon was not represented by counsel. Adjudged Bankrupt Daniel Robert Joyce, a driver, was adjudged bankrupt in the Supreme Court yesterday by Mr Justice Adams on the motion of the Public Trustee (Mr A. C. Perry). Henry Ronald Barr, a bootmaker, was adjudged bankrupt on the motion of the Commissioner of Inland Revenue (Mr P. Feenstra).