SUPREME COURT. Wednesday. MATRIMONIAL, AND DIVORCE CAUSES JURISDICTION. UNKNOWN

Daily Southern Cross, Volume XXXII, Issue 5239, 27 July 1876, Page 3

SUPREME COURT. Wednesday. MATRIMONIAL, AND DIVORCE CAUSES JURISDICTION. UNKNOWN

Mis Honor took hitt seat on the I'-mdi .it 10 o'clock in the morning. HlNOKl E--CiK.Y< V V. UllACK AND ANOJ 111 II .Mi. Laishloy foi tlio petitioner. Aj\ny w is MWoin and empanelled, of whom James l'.ittor won was chosen foreman. The following counts woio submitted to tho jiny : — 1. Was tlio ppti tioner lawfully mnriiod to tho lespondont in September, 1870 V 2. ll.ul tlio puti tionor, (Jruce, cohabited with Kli/.i, his wifo ? 3. I l.id tlicio boon any ihhuo l>y tho maiiiago? 4. Hud tho respondent, butweon Maioli, 1874, and April, 187(5, com mitted adultciy with tho co respondent? 5. Hud thoro been any collusion between the ])ctit|onor and tho respondent? 0. Had the petitioner connivoil at tho ndultory ? 7. Had tho petitioner boon accessory to tho adultery? 8. Hud tho petitioner, Gr.ico, condoned the adultery '( \). Had the delay in commencing l>roceouingn boon oaimod solely by tho want of funds?— Mr. LaiHliloy in ottoning the cam, said that tho suggostion made by his Honoi'H had boon complied with, and the SolicitoiGonoral informed of the caio. The facts of the case were, that Mr. W. H. Gruoe, native interpreter, mnrried Eliza, an aboriginal native, in 1870, at Bhortland. In 1872 Mr. Oraoo wa» obligod to go away for a abort time. On his return he was informed that hii wife liad bqon drinking, nnd shouting about the streets. ThU earned a separation, which, through tho mediation of Mr. Jatnoa Mackay, wuh terminated. In the following July Eliza Gruco vUitod her friend* at Ohincmun, got drunk theic, and committed ailultory with a native named Kap.ma. Rapann died, an I in March, 1874, it was discovered that the respondent was cohabiting with another Maori named Uernpata. Since that timo to tho pro Hcnt the icHpondcut and co-respondent had been living togothor. Tho reason why proceeding* had not boon taken before waa because tho petitioner had no moans. — After some buef comments on the different count*, ft(r. Liuslilcy called the following witnesses, Mr. G. iJi own noting as native interpreter :— William Homy (Jrnco deponed that ho waa the petitioner in the c.ise, and resided at Shortland. lie was married to the respondent at Shortland on the 24 th September, 1870, by the Rev. Father Nivaid to Eh/a Tinipoaka. On Wednesday List he h.iw tho logistrar of the marriage in tbo hand* of Father Cluuttagnon, at the Thames. Witness uignci 1 the registrar at tho timo of his m.uriago, and Kli/a Tiniponka signed it also. Aftor the maniage ho lived with his wife in Shortland for about a month, and thon removed to 1'uiawai, where ho lived till Christmas, 1872. Ho then moved baok to Shortland, nnd livod theic till the depuration in July, 1873. In Janumy, 1873, heard his wifo wenttoOhinemuri. While they woro there (iho went away ono oveuinganddid not return till 11 o'clock at | night. He remonstrated with hor, and asked ! her wlieio sho had been. Sho was under the iniluonco of drink, and had a hunting whip in her bund, with which sho Htruck him. Sho then went into tho bedroom, and toro all his clothes. Mr. Mackay and two or throo gentle men were thuro, and tried in vain to pacify hor. Sho went awny tho same evening with her father to bin place, about a milo distant. Noxt morning ho had to lcavo in tho uto.vmer for Shoitland. Sho remained away nearly three weeks. All this had occurred in tho hotel at Ohinemuri. In throo weeka sho came to Shortland, and saw Mr. Mackay two or threo days aftor, who came nnd nskod witness to take hor baok. He rofused at first, as ho said hor conduct was too bad, but he afterwards said ho would tako her baok if aho bohavod herself and did not drink. Uo did not think at that timo that sho had been guilty of any other impropriety. They livod together again till July, 1873, when sho asked him to lot hor go to Ohino- • mini to »eo Home friends of hers from tho South. He consented, on condition tint oho went to hot patents, and did not iitop at l'aoroa, where tin; hotel wan. Sho went, nnd ho aftorwards he.ud in threo or four days that slip waa drinking and acting very improperly with a young native, iimned llapana, who died six months ago. 1 le waa informed that she waa committing adulteiy with Rapnna. Rokepaka waa his informant, who ho thought would toll tho truth unless ho were paid to do otherwise. In coiihc401100 of what he heard ho sent a boy to fetch back a little girl whom Eliza had with hor. Ho sent a message to his wifo, tolling her she noed not come back. That was at tho end of July, 187.i. He had treated his wife during hiu cohabitation with her kindly, and as well an bis iiicum allowed. Ho did not give her any causa of complaint. He never allowod any looso ch-iructors to coino to his house ami associate with her. Ho had novor sinctioucd any intercourse with tho eo-iyxpon-dent and his wifo. H» always kept her supplied with dross, and vho lad novor cotrpl.iincd in anv way. Thoro h,ul boon no issuo f i oiu tho marriage There had boon no connivance or collusion botwoen his wifo and bims'-lf or tho co - respondent. Ho had only spoken to his wifo once .sinca July, 1873. That was about six inuntlm after, when nho asked him to tako her hick. Shu siid if ho did not, »ho would go and livo at tbo Hot Lakes. She aike.l foigivcnot*, and promised not to do wrong for tho future. Ho uaid he could not belie vo hoi. Tim conversation took pl.ico in tho public xtieoh. Ho bid not spoken either to her or to the co-respondent Hinco. He hud not baon accessory to tho adultery. Ho was fiwt informed of tlio adultery of hia wifo with Hoi.ipiti, tho co-roHpondont iu March, 1871. It" had not commenced proceedings hofoie solely bcciuiso he had not tho ino.ius. He had ascertained nbout a year ago-that proceeding*, if unopposed, would coat about €100. llo commonuod projoodinga ns soon as it wis possible for him to do so.— His Honor informed tho jury that iu unopposed cases like tho present, it w.is their privilego to question tho witness, so us to sift bin testimony.— Hy his Honor : Witnow had baon acquainted with tho reupondont about hovou months boforo ho married her. T.iipiri told him that she w.is thon 21. Ho understood that up to hor marriage sho had been perfectly chaste. Ho had not mixed up with tho mtivos before that timo, except when Uo w.n very young. He waa, to a cortain oxtont, uoiiuaintou with tho habita of the Maoris. Notwithstanding his knowledge of tho Maori customs, ho did not at that timo think sho bad been guilty of any unohnsitity. Uoforo January, 1873, his wifo had onco thrown an axo at him, but ho thought it only struck him by accident. This wns tlueo or four months beforo 1873. Ho did not iomember tho exact cause of tho quarrel, but thought it was in consequence of his refusing to lot hor go to tho town in the bad weather. They had had only slight miarrola before then. Once sho had boon under tho influence of drink. From tlio timo he w.is married to 1872 ho waa away a good deal from homo, ns ho bad a good (leal of work. Tho night his wife was away at Ohinemuri she told him that sho had boon to get some money. He did not think that she had been guilty of any groat impropiioty thon, but Mr. Suitor had told him befoio that while ho was away from the Thainas nho had been carrying on with n young b.ilf casto. Ho acousod bur of it, and who H.vid sho bad dono nothing worse than drinking. The night she was out at Ohinemuri ho told hor she must have been doing something wrong. Sho deniod having ilonc any tiling wrong. Ho did not send for his wifo tho noxt morning to go back to Shortlnnd with him. Ho merely left word for her that ho h id to Shoitland. Ho saw her parent* in tho morning, and thoy piomited to look after her. When she oamo with hor father to Short land ho told him he would not tako his daughter hick on account of tho tales he had heard of hoi. From tho time ho took her bick in Jan- | nary, 187 .i, to July, 1K73, she behaved vory well. Ho h id never had words with l.er nbout having no childieu. Afti-i July, 187.'!, ho cast hia wifo off as utteily iriceUimnblo. — Hi« Honor asked tin) witm-Hs if ho h.id had nny connection with ,uty other woman since July, 1873? — i'ho witness hesitated. His Honor ntitcd tli.it ho was not bound to answer, but ndultoiy on the put of ilie potitionei, even Hiibsoquoiit to that of his wife, would foim n Imr to a divorce being (,'i.intcl. On lefeienoo to tho Act, hw Honor found that tho witness was not liable to be asked imch .i q-.i scion. - Ficdciick Suiter, master m.uiuei, deposed that ho knew \\ . II. (Jiaeo, Kli/i <!imco, and Her.ipitu, tlio on respondent. Ho mw tho <ii ici i about December, 1870, in thoii homo at l'nrowai. Ho unduistood tint thoy woro married. Witness vinitod the hourto frequently. Gruco seemed to tieat Ins wifo vory well, in fact, too well. Tho liouso was veiy comfortable, and wollfiunihhcd, with ovoiy io<iui-iibu. As far ua ho know, Ciraco novir gavo Im wifo o.iubo for compl.iint. For tw.> yu.us li\u.\ (Jimhi hootned to It !nvo well. At the end of tint time ho nvw her int<»\icitoil ,in<l Mining in t!i-- H(i<-ot i of .Slmit 1 mil with .i yoiin,' in if, a h ilf u iito. »Sh" \v, a b')h»ving in adiusikon and duouloily in\nn"i, but not indecently Wit.iess told lb» pttiturner, who w.m a.v.iy id the time, when ho iotuinud to Shoitliu I." A feu week uiftcr, they lep\i it-l f-u iv tiiiK-. They afterw.uds lived to^ctbor ug un for .v fe\.' month *. f>ho bud never c >m!>hiinu I to him about her husbaml. Sinco the action had been comment. jd bo had hooh Hei .p.ita .ind IClizi Oraco sleeping together. This w.is about JW-vy. Iloseived tho citation | upon then on tho !)th M ty, and o>cplaincd tbo meaning of tho documents. Kliz.i said, " What do I caio ? " He asked her if aho would defend

(lict.ise. Slic leplied «bu would not come, and tliio «ho hkc<l t!ic man iloiaputu v«ry much. 1'wo 01 tliree ii.i.ivc woio present at tllC tlllio! lie liul been acquainted with tho pecuniary ciii iiiiiHtiinuos Hinco Ife7.'l, nml Iml I icon living a )i iml to-iiiotithi>MHtcii<>»,withnu money tospaio. i;uoigi. Tlnoiry, settlor at Keicpilii, knewnll tho ]> irtic* concerned. Ho knew that Heruiuta. ind Kliz.v (Jrace had boon living together since August, 1871, as m.vn and wife, in tho same wh m\ They woro doing so to hi« knowledge ,i«t i.-c.-ntly .w l-'iid.vy last. Ho had seen thorn flet>piiig together thoro. Their tribe treated thoin hi man and wife. Ho know Mr. ivnd iMrs. Gi.ico when they lived at Shorttand. He was occ.mion illy there, nnd culled upon them. Ho boliovod it was owing to Want of funds that Mr. Graco had not previously taken action. Since thcao proceeding* commenced he had *oon and had conversation with Kliza Grace. Ho had niked hor what she proposed doing in tho matter, and her reply wai, " Oh, nothing !"— George Thiorry, jun., also knew Eliza Grace and Herapata. They were living in tho same Iiouhc, and ho had seen them ■leaping together. Thii had been the case for about two years.— Hin Honor ex pressed hit beliof that the fact of adultery was sufficiently prored without calling further evidence.—Mr. K. Grahain, of Ellerslie, knew the parties in this suit. The petitioner had been in lii» employ till 1872. Lie knew that he had been in poor oiroumstances riooe July, 1873, as ho had been asked for advances on piocowork Graoe was doing for him. He should judge that his income waH not more than from £100 to £120 per annum during that time. — Mr. Laishley explained that owing to his Honor expressing an opinion that the native eridonco he was prepared to bring, na to the fact of adultery, w«w now unnecessary, he was placed in a dilemma. He had intended to take the evidence of Mr. Hcakoth, who was not prencnt yet, expecting to have ample timo, to show that ho had consulted that gentleman about a divorce, at least twevo months since. He then wont briefly over the issues presented to the jury for their decision, expressing his full confidence in tho verdict to which the jury would come. He was directing them on the charge of connivance on the part of the petitionor, that, to prove It, there must be the intention shown on bis part. His Honor stated that the Court had settled the point that where a man left or placed his wifo in such circumstances that all reasonable probability pointed to her fall, that was connivance. —Mr. Laishley read an extract from authorities giving the legal definition, and contending that Graoe must have had the intention that she should commit adultery boforo connivance could be proved. Assume that ho was not a wise man when he permitted her to go to Ohinemuri, that would not oonviet him of connivance. They must be satisfied that Grace had contributed to tho result, of whioh ho submitted there was no evidence, but also that ho intended that adultery should bo committed. He left tho case with confidence to the jury on all the issues. —His Honor briefly reviewed the evidence, directing the jury on tbo several issues, informing thoin that this Court had no power to grant a divorce. The present wiubut one stop.— After o brief absence, the jury found fsr tho petitioner on all the issueo, and his Honor stated that the verdict and the evidenco would be presented to the full Court at Wellington. The petitionor would have to appear thoreat to undorgo examination. — This concluded the busincuD.