YORSTON DIVORCE CASE

Evening Post, Volume CI, Issue 42, 18 February 1921, Page 7

YORSTON DIVORCE CASE

VERDICT FOR PETITIONER.

The hearing of the Yorstonj divorce c»so for tho third time before the Court \Va6 concluded before Mr. Justice Chapman arid v jury of twelve yesterday afternoon. The petitioner, John Walter Yorston, sought dissolution of his marriage with the respondent, Ida May Yo'ritori, on the ground of desertion. Mr. P W.- Jackson appearod for the petitioner, and Mr, H. F, O'Leary for tho respondent; . . ■

In summing up, Ilis Honour said that he had never known a casein which there had been such a flat contradiction between tho evidence of the principal parties. Not only was there this contradiction between the oral evidence 'given, but each party was also in conflict with written documents. It was eminently a case in which the jury had to arrive at a vordicl; witli "littlo assistance from the Judge. In case they were unable to decide to their own satisfaction which party was speaking the -truth, they had to solve the problem by deciding on which sido the burden of proof lay. If they did not believe the petitioner, they had to decide against him.; If they did not consider that he had made a case which over-iode the. defence, they had to decide that he had not proved his case. There were two allegations (1) of desertion and (2) of desertion by refusing the husband his marital • rights. His Honour submitted tho following questions to the jury: (1) Did the respondent without just cause wilfully desert the petitioner? (2) Did she leave him so deserted for three years or more up to 30th March, 1920 V (3) Did the respondent in the month of Juno, 1016, and thereafter, continuously refuse marital intercourse to the petitioner arid thereby desert him?

The jury retired at' 3.30.p.m., and after an hours-retirement answered, all questions "Yc3." , . • '

A decree nisi was granted, to be moved absolute-in three months. The question of 'respondent's costs and the custody'of the child was reserved. .