DECREE FOR HUSBAND

Dominion, Volume 37, Issue 277, 19 August 1944, Page 8

DECREE FOR HUSBAND

Jury Finds Adultery Proved

JUDGE’S VIEW OF FACT’S

A decree nisi on the husband’s crosspetition for divorce was ordered by Mr. Justice Smith in the Supreme Court, Wellington, last night after the jury had given its verdict in the divorce case which has occupied the Court throughout this week. The jury found after a retirement of 3 hours 50 minutes that adultery had occurred on the occasious alleged. Eileen Allee T.ewls petitioned for divorce from Cvril Ilenrv Lewis, company manager. Wellington, on the ground of three vears’ separation under a separation order. Tier husband defended it on the ground that the separation was caused, by her desertion, and himself cross-petitioned on the ground of adultery, citing James Paul Kavanagh, barrister and law reporter, as eo-resnondent. . The case was to be tried bv the judge, except ns to questions of fact on the issue of adultery, which were to be tried by the jury. . ' Issues were put to the jury, asking whether adulterv occurred between April, 1939, and December 24. 1939. or between December 21. 1939. and January 10, 1910. or between January 10. 19-10. and July 18, 'l9lO. or between October. 1910. and April. 1944. They answered affirmatively to all of them, and were .unanimous. When the jury had announced its verdict Mr. J. D. Willis, counsel for Mrs. Lewis, referring to the questions that were for his Honour alone to decide, remarked that, on the jury’s findings, the defence of condonation could nor arise mid only the defence of connivance remained. He asked if bis Honour proposed to exercise his discretion. . . • His Honour replied that ho did not think there was any connivance at all. “Mv view of the evidence is that tins respondent is n much misused man, and on the facts of this case petitioner s wire acted In a way which was disgraceful, and I think the same observation applies to co-respondent.” said his Honour. “That Is mv view of the facts.” , n _ Mrs, Lewis’s petition was dismissed. On Lewis’s cross-petition a decree nisi to be. moved absolute in three months was-grant-ed with interim custody of the two children to Lewis. The subject of costs is to be dealt with on Monday morning. Most of yesterday was occupied with addresses bv counsel to the jury and the summing tip. the only new witness being William Herbert Nicholls, resident director in New Zealand of Butterworth and Co. (Australia), Ltd., co-respondent’s employers. called by Mr. H. R. Biss, counsel for co-respondent. He said that Knyanagh informed him in 1940 of an action by Lewis against Kavanagh for taking his wife awav. Witness reported the matter to tlie head office in London, and. ns n result of the cabled reply, Kavanagh s position was definitely never in jeopardy. Mr. A. B. Sievwrigbt. appeared for Lewis, v