DEFENDED DIVORCE

Dominion, Volume 29, Issue 256, 25 July 1936, Page 4

DEFENDED DIVORCE

Four Issues For Jury JUDGMENT RESERVED Four issues were put to the jury by Mr. Justice Smith in the Supreme Court. Wellington, yesterday, in the case in which Meri Kuini Haurotea Cadwallader petitioned for a dissolution of her marriage with William Clarence Lowelleyn Cadwallader, of Nireaha, near Pahiatua, on the ground of adultery with petitioner's sister, Adelaide Newton. Respondent cross-petitioned and named his nephew, Mervyn Wilkin, farm-hand, of Nireaha, as co-respondent. Mr. C. C. Marsack, Masterton, appeared for petitioner. Mr. A. J. Mazengarb for respondent, and Mr. J. A. Gran t, Palmerston North, for the co-respondent. The issues and the answers given by the jury after a retirement of nearly four hours, were as follows: 1. Did respondent commit adultery with Adelaide Newton? —“He did." 2. Did petitioner commit adultery with Mervyn Wilkin and Mervyn Wilkin with petitioner?—“They did.” 3. Has petitioner connived at the adultery committed by the respondent?—“No.” 4. Has petitioner been guilty of conduct conducing to the adultery committed by the respondent?—“No.” There was a motion by petitioner for a decree and a motion by respondent for a decree. After legal argument as to ■which one was entitled to a decree or whether both wore, his Honour reserved his judgment.