ALLEGATIONS OF CRUELTY

Dominion, Volume 14, Issue 124, 18 February 1921, Page 5

ALLEGATIONS OF CRUELTY

DIVORCE PETITION DISMISSED. ’ In the Supreme Court yesterday, be»fore His Honour Mr. Justice Hosking and a jury of twelve, Edith Alice Jones petitioned for the dissolution of her marriage with George Henry Jones, on the grounds of adultery and cruelty. Mr. C. IV. Tanner appeared for the petitioner, and Mr. B. P. Bunny for the respondent, who denied tho allegations. Giving evidence, the petitioner said she had been married in 1906, and there was one child of the marriage. Since her marriage, she alleged, the respondent had ill-treated her, and had never been able to maintain her properly. He had struck her on several occasions, had thrown articles at her, and had chased her with an axe. "He had a habit of chopping the furniture about with an axe.” said the petitioner. She declared that the respondent had even nailed up the doors and, windows of the house against her. She alleged that her health broke down as a result of the treatment she had received. Respondent had made her an offer that if she gave him £lOO he would not defend the case. The respondent denied thi®. - Petitioner also stated that a woman gave her a revolver. for her to defend herself against the respondent, who had been a heavy drinkey since the marriage. She admitted she had very seldom seen drink in the house.

Cross-examined by Mr. Bunny, witness admitted that the respondent had asked her to live with him at Mason’s Gardens, where he was employed, but she considered that a sick child and herself could not live in a tea-room.

Mr. Bunny produced a letter from petitioner to respondent, written in a friendly strain, offering to "cook something for him,” and telling him of the illness of the child. Witness admitted that she had not sent anyone to watch tho resj>ondent*s movements.

Augusta Hunt, in. evidence, said that at first she thought the parties were very fond of each other. She had never seen the respondent under the influence of liquor. T’he daughter of the parties, Rata Jones, aged nine, said she had never seen her father and mother quarelling. She knew her father had hurt her mother. He hit her with a piece of iron, and chased her with a chopper, and because lie could not get her, he chopped the fender. "He tried, to choke y mother in bed one night, and I screamed, and he stopped,” said the little girl.

When Mr. Bunny commenced to crossexamine the girl, His Honour stopped him.

His Honour said the only question to bo sent to the jury was on the ground of adultery. The count of drunkenness would not bo allowed to go before the jury. "I will take responsibility for that,” he added.

In the witness-box, the respondent said ho maintained his wife since the marriage, and had given practically _ every penny he earned to her. Tn denying the allegations of having chopped up bedsteads, witness said he had never on any occasion chopped up the homo which hs had bought. He considered that most of the trouble had arisen from the refusal of tho petitioner to go to Mason’s Gardens. "There was a good home there,” he said. "Only it wouldn’t suit her purpose to go there.” ... If one homo wasn’t enough, there was another house at the gardens. I held instructions to spend money to make the place habitable.” Relative to a note implicating respondent, he said he had written it as a joke, in the presence of his wife and her sister. The parties did not live together as man and wife after that occasion. Had his wife joined him thinge would have been much easier in every way. He denied having ever "chased her about with an axe.” This closed the case for the defence, and Mr. Bunny did not address the jury. Summing up, His Honour emphasised that certain grounds had to be proved in. a divorce action. In the present action the only question to be decided was the one of adultery. After a short retirement, the jury returned with a verdict for the respondent, and the petition was dismissed.