RECENT DIVORCE SUIT

Dominion, Volume 13, Issue 272, 11 August 1920, Page 7

RECENT DIVORCE SUIT

MOTION MOVED FOE RETRIAL. A motion for a new trial in tho recently defended divorce' suit, John Walter i'orston v. Ida. May- Yorston, came before the I? nil' Court yesterday. On the bench were Their Honours the Chief Justice (Sir Kobert Stout).- Mr. Justice 'Edwards, and Mr. Justice Salmond. Tho motion was moved by Mr. P. W. Jackson on behalf of the petitioner and opposed by the respondent, for whom Mr. 11. F. O'Leary appeared.

The application was based oh the contention that when the potitlon was last heard the presiding Judge (Mr. Justice Edwards) misdirected the jury and rejected certain evidenoe which, it was submitted, was admissible.

Mr. Justico Edwards pointed out that tho only ruling which he gave was to the eflect that evidencei of differences between tho parties—differences unconnected with tho act oE desertion—were Inadmissible.

Mr. Jackson contended that evidence of acts of desertion prior to what he termed the. final act of desertion as set out in the petition was admissible, and should not have been rejected by the Judge. On behalf of tho respondent, Mr. O'Leary submitted .that there was no evidence of desertion to go before the jury, and that Yorston was willing that his wife should stay away. The Jury, ho eald, camo to a proper finding. Decision was reserved.