DIVORCE SUIT

Evening Post, Volume CXVIII, Issue 114, 10 November 1934, Page 10

DIVORCE SUIT

\The : hearing, was continued in the Supreme Court today before Mr. Jus: tice Eeod' and a jury of the case in which i< EdwardJ Morgan, a . wellrkno wn boxer, is petitioning -for a; divorce from Nprma - Morgan;: former New Zealand women's -sprint champion, on the; ground of alleged adultery by-her with Bangi Marshy/a -jockey, of Hastings. The' ■petitioner , also, claims^-. £500 damages from the co-respondent. Morgan Avas a long time in the witness-box yesterday, but >■ when the" adjournment was taken late in ;the: : afteinoon evidence in support of :thc "petitionhad been/completed. , — ;':'.,'./:> \- ■ ' : , ;:'/:; Mr. C, H. Arndt appears for".the peti-. tipner,: Mr.• W. P.' Rollingsi for the;responclentj and Mr. A.; j. Mazengarb' for the cp-respondent.; j.: ; . ".;: .',..' v •'.'■;' ■ Frederick William -OnglSy, and solicitor, Wellington,'■ said that- Mr. and Mrs. Morgan called-to see him at his^pfflce;;-v'Moi'g&.n;.'tpld.i :'hiin' :l.'.tiiat;': i hJB wife 'had found someone better than1 him■;■■alid■^tHat;o■•■sh6;;;wanted■■.i;■ l divo^■c■e;• Witness inquired' if^Vanything "had: taken place, arid Morgan said: "Yes, she has admitted it;to nie.'?'. ■ Whenjhe inquired if the other::man- r would.be/prepared to ; marry .;>Mts^ Morgan; Mrs.-V: Morgan repliedthat/tie; wouldj-divorceproceedings notwithstanding. ,<; Witriel's gained, the impression that Mrs. -Morgan,'si people knew;nothing aboutjthe' whole He!: suggested that shejshouldr, see .her people and .also Marsh ■ before .'doing anything. w'anted>;tb: know if hiswife was!going;to lejave'Mm.'Mrs. Morganisaid she was going on'the nibfni ing train, either, the. next day: or the'day a£terV'.r-\Witnesß/tqidVMtfrganv-i;..th'at'.:if his.~wifev;ieft\.'him''h'e;sh'6u]d-!go.:'; and^Bee her ;father and -tell ■■ him;what had happened.; {Mrs. Morgan ■: ssiid:,'.' ' Oh, I don H do\thati l Ted.^Givfr.rne l a,jbreaki'^,;Sh'e; said/that if : he\would Jet her!go up she would ;?get"; any thing that, was required to;be signed . .by Marsh;' or..,.;that,she vyould get 'Marsh to c^ime down; ', Mbr-. glan^ould';notVagr.ee,-to^haj;jl.,He';sa:id-that. if she: went;, he wpiild;' go";, on' the 9amja\trainxwdVteUA.:her^jp'eople.^i>^Tß.:. temper/, a'ntl witness.' went; .qut'V.b'iy' the ro6m.aiid;left'■'^organ;'an'd''lifs.'.TO.fe:'£or. ».;sho?t: ;timei;;;y~>.;' : k,^;\ ;,V£,; ; .;}V" ;>' \. '-:t"£t' ■;'■ r'ln.reply'; to ;his said; that Marshesriamew.as-'inentioiied1 at'cthOi'-interyiewp.';;;;^'';--';;^;^.^;: ■v-v.yc^'v ■'; ':yM6rgi^/:epaimneAMri:pi^eyi'askeitia'Te::sij^ied/'and;'Witneßa^yrirotW.^o^.:'aii'' admission •■,to •;pe :sigried rby\Marshv aiid; also^ a 'duplicate, both of :'which Mpr-! ijan ftopk. ', .; - MK! :: aidi'M.ra.y Morgan„ tlien' left;almqßt;immediately.i'~The:fe was no liscussiffh,:lie>;/th^i|ght,vathii office rejarding'Jthe^psis/iof^tfv^iyorce^'/^t '.-''■'.;:' ; breoßeih fob; the askino. ;••; % i:; Replying,to'Jtfr.(Epliings; MX Qngley 3aid;;t]hat ."Mrs*M6igaXVee™od.:'tD/thinK' 3he could get. a' divorce "by askr ing' ; ;f6r ? ;it..%She^pbviouily; had; hadi no idyiciK jthe^ discussion lie Sad;;nbif 'used."V.the'^Vio^.'^'l'adulteryi-,'..? but/had'sppkien bf misconduct;^ :* ;y: 'i': -Mr.*-' Eollirig^: X Did'; Mrs.tMorgahV'say < when; ypulwercrief erring ; to proceedings otiithej.ground^of; adultery^ or.; misconiuctj'^^^ whatever '•' wordy was "used:-,;''biit that"Vis;; not "true/ and-^it: wih-ail ibetin U^e^apers J'f^JtoAMbrgan^didni't say anything^ likeJthaJ.!';.3;^fi;,:";-; ;: -.;; : y:;:;;;..;;. His Honour :Jt iwould hlye.been quite impossible ;.ito" tave.'; gone : pn: with this matter\'ii;;it^ad^ •■Witness deriied.;tha't;Mrs."-MprganVhad toid..;.himyvbyQ.ry.^e i '.tel^phonaUb^t':':'sfie dad consulted" a'r;solicitor and,,was not illowirig-jthe'jdivorce ['i ■ to.:go,t;'.through' l3ecau^eVit:%b'uld,'be;;falsK L-;;: v!j; i viy>';L;';.': j: ton,'said,:he knew Mr. and Mrs. Morgan;' jan;a lift;in, his\car she said:; \ she'was'. jping to/ meet' her 'husband tand.i'that ;h'ey;Were^gpihgtoi Bpparate'.L.f'She Jalso isked" witness to ring her husband V, and nake/arrangementstqigb^out with;ihini, j^anseVKle^woiiid-.:£eel.:pi>c3tty-';,bVd;aboit it after the; separation;, - Mrs,,. Morgan lisp" sqidthat t thcir mar.riage .hadibeen from jtiiD/ startx and';tli'at;it ivas'her fault.';:.; 'f:' )\:)!'X':'X'" ■': ■'- v ■;"':':-' ''/, !;" ;Evidencc;was'given •by'il'ra'iik;; Alien, i 'butcher,' of iGfisbbrhej;? .that ,; on the light, of.'tho; second;' Tace^ ]\ tlay i. iii- ■■Fqbr' -uary-;]asl;Vhe\w6n't;:itp\a:-'daiico'-at';the" BlueVßpomi/atvGisbo.rnoiOV.Mrs'V-'Morgatf'' was at the dance, ;, and ; whien 'witness her .she ..was.; idancing!.With RangiMarshj the jockey, ivith several -times dvfring the; aightj;.;but: Marsh',;'alsb,:i ;danced 'with Jth'er partners..^Witness sa,id he danced with; Mi'S^-Mqrfan;that night;arid' she -old him that she hoped L her lid not.find:out she was; at;;the dance. Mrs..; Morgan >. sat;; next; toVMarsh at mpper, land witness/gathered that/sKe [yas,'at.the. danee\with,.Marsh. '; ; :, ; . /.■;;. ; ; v.,' ' !.E;raE^E : '.OP';TBIENI)sKi-^ >■■ :/;Mis^Emiiyi Kate^Miller,-;b;f ;>Veiiirig-i ipnj'i:s'aid/'slie'-..tnew^;;MhV'aid{Jiirs.'"Moii'" jan well.;;;On .the' Sunday before Mrs. Morgan'.leftjfor Gfisborne for;/a"holiday ihc.■■'.had 'made no suggestion- that'-'^she'' .vould !n'ot be returning toherthusband. ; George; Fraser,;:a;{Wppli ;classer, ;;said ihat,Morgan1 had always well of lis wife,, and nothing ;he had heard sugjjested to :ihiin; that :Mbrgan;;ill-treatcd iis wife. .;: *Z'\A~Z ■■■^•f.'g'-Y'i.' ;; f:';':'.Constable A. T;.Cieverley said he was Dn;terms vbf. the closest friendship ;with IV£n';and;.''Mrs.\,Morga'n,yan'd:..''^h6rt''l:hacl cis'ited; his;:h;ouse.: Morgan !was a very. :lean-liying; quiet-type of 'man.. He ap-' peared tpbef orid of his wife, and they ieerned to'i. him ! to- be: an' ideal couple. W'itness''had'never 'heard,aiiy sugeestibnthat Morgan ill-treated; hia wife. ;■^;^■S,DEFENOE^;OPEKED;,^}^-■^;:;■ ; Mri; Bpllings,said the defence iwais an ibsoliite denial" that adultery "ever/took place between MrsV-Mbrgan and Marsh jr,. for that-matter, 'with" anyprib else.: The'case, for the 'petitioner;;he submitted; was unique an- two respects. The Srst : was' thaty apart from the.'alleged jpnfessions or admissions, there'was not i; scintilla '.of; evidence^ direct::br';. cirjumstantial, ■■_ of adulteryi. Marsh had aeen engaged jto ,ride> for -Mr.' Wilson, the^respondent's father..,The,jury^--'was isked to.Jinfer'that^^ because;; Marsh arid Mrs.;': Mprgan-happened to be at; the, same'dance in.>Gisborrie;aiid:'tha.t: they* walked downHhe Stairs-together; with: )ther people after the-dancei that ; adultery; Kad beenconiniittediV-TKenv'there" ivas the allegation that-adultery;, had been committed at! Hastinjjs, but Mrs. Morgan had-.merely- stayed ':■-, the night' with a friend, .Mrs.,' ; Thomas,Von!■.tier way.; tb.WellingtoiiV.; Thesecorid.'point syastliat. apparently all the information 3n'which;;the petitioner based 'his; divorce proceedings came _frbm his^wife. He did;-;iibt ihaye: any ■ witnesses keeping watch for hinij and did '.not suspect his wife.:-; They, were asked- to believe: that :Mrd.i Morgan *bad committed adultery; .with.;';-'a; man she Had /only known: \ rcbuple iof; days. "As; to"; the 'alleged; jpnf.essions or admissions he did.;not exteriuato.orrexcuse the conduct .of Mrs. Morgan: or Marshin sigiiing the papers if.'; thpy?;!'fiilly:;.\understoocl''what,;,they ivore doina; and refiliserT the gravity of itheir actioris-'at th'o.^tiihe; :Biit >nt/that time'-.np';'.s.o]initprwW.as.";ac;ting,?£or-i.:.Mrs.', NrprgnnVqirSMar^li^/jlf • :ttcy;? liad./:had. iofral.' adyipc; -ho '■submitted.': they ; would i6t'-'h;av'e'Ris[.nG'd,th'e:'.paper'sV\'':i'Mfs/-;'Mo'r;, ;an,-until then, had npyer had'occasion to consult a solicitor. SHer ideas about

BOXER'S ALLEGATIONS

CLAIM AGAINST JOCKEY

LENGTHY EVIDENCE

divorce' were- those of the "average .girl of, 23 or 24.- -When she told her mother what she had' done her: mother' \vent straight away to consult, a solicitor in Gisborne, who immediately took action and sent: a long telegram, off, [followed by a letter, in which lie alleged that the papers were false and,:that the signatures; to, them s had been obtained by threats ,of violence. - v : '~"" ;'. / WIFE IN THE BOX. The';■; respondent, .'giving■ evidence, said,that she was 23.when.slip*-was-mar-ried last year, and her husband was 27. On their return from -the Olympic Games iii 1928 they became engaged, but after two years : she broke;-.off the engagement.-.-•. When she came,down- to Wellington to run in 1933 she had, not seen Morgan -for ;twb.-;'years. ' About three weeks., later' they were married. Afterwards they went: to Sydney., and Brisbane; and they were nearly twa months in Brisbane. V Her husband did not work in Australia, Vand■ earned •no money at all.; They'lived on lier money really..:, 'Sho: had. £'45 which' she. got from her , parerits.; Every penny of this sum was spent before' .they :-loftv for, .New Zealand.; ■■'; Her people cabled her £16 to get back; to N s ew : Zealand.' Generally speaking throughout the whole of her married life she was" unhappy. His' Honour said he did i not -know thaj 'it was necessary togo into: all the details:", of ■-....-■the- /married' life?, of \ "the parties.'-;":" '.\','~'':;■ /''/;''...;'../ -J''V',•;' •.'i,'-'.: ';i. , .-' 'Mr. Eollirigs'said;hi^submission was that: Mrs. Morgan's conduct; must be construed in-the .light., of .events in her short; married life.'; ■';'.:,'•, '{.'■ "'■';■. .;.•.,' ■; - V--VHis It/seemed to be common ground tha^t they-'wanted ,tp! be separf | atedi'':'-'-':.'-••'■'. • :;-/C-N;.: ',■'■"-. .'■'■':•': v■ ■;/';■'■/. : -/; '• [■■•■: '■ ' -; /Mr., Boilings:1 I understood- from the petitioner: that the^separtitioh' was due to the wife: c .:.V;. : / '■■■'''■ ■■'.-y ;':'.■ r: ■-.'.'. .■*'-■ -. .;■.■> *; Mr., Arndt : said he.uilderstobd-frpm the petitioner that at the time of the linteiview in Mr. Ongley's oftice he wub not anxious for a divoice. < His Honour: It is all very well for him to say 'that, but what aie his actions! Mr. Aindt: That is for your Honour and the juiy to consider, of course. Mr. Boilings: I should say that his actions speak louder than his words. His Honour: Certainly he might not at one stage have wanted a divoice, but on his own evidence he did his utmost to secure a divorce or get damages from this man. HOLIDAY IN GISBOBNE. Continuing, the respondent said that early in 1934, with her husband's concurrence, she went to spend a holiday in Gisborne. On the railway station her husband made the remark that, once sho got homo she would not come back. She went out only once to a social function while sho was' in Gisborne, and that was to the dance at the Blue Boom. She did not go to 'the dance with Marsh; in fact she went to the dance unaccompanied by any man". Not once-during the evening did she-dance with Maish, who did not arrive at tho dance until 10 o'clock. She had only known Marsh about three days. He was staying at her father's house. She left the dance about 12 o'clock and wont down the staiis with Marsh, an employee of her father, and other people. Marsh and the employee went horne B in the car with her. During^ the progress of the dance she did, not leave the hall, and the, suggestion that she had' misconducted herself with Marsh was perfectly untrue." ' When her husband rang her up from Wellington and told her that if sho did not return to Wellington' from Gisborne there would be no home for her to go to, she told him that Bhe would come down and get her things. She stayed a night en route' with a friend, Mrs. Thomas—whom she had met at a sports meeting—at< Hastings. ' Marsh boaidcd with the Thomas's but she did not go there for that reason. She did not leave the house duiing the evening^ and slept in a double bed with Mrs. Thomas. The next morning at 9 o'clock sho caught tho train for Wellington. Mr. Boilings: It is suggested that somcwheie that night in Hastings you committed adultery with Marsh. Is that tiue?—No. Continuing her evidence, Mrs. Morgan said that r when she aiuved at Wellington her husband met hor. Her husband's opening remaik was: "Well, I suppose you have got some joker up there?" Witness told him that s>hej was going to leave him because of his cruelty, and that sho had been ad-' vised to get a policeman to protect her. Moigan said theie was no need for that. If she came and got her things he would not touch her. X I EMPTY SUITCASES. ' Replying to his Honour, Mrs. Morgan' said that when she left Gisborne for Wellington her people knew that the suitcases she took away wero empty. ! Mis. Moigan said that she told her I husband that she had gone to the dance I in Gisborne, and her husband accused her of having committed adultery with Bangi Marsh. She also told him that on the way down to-Wellington she had stopped at Mrs. Thomas's, where Bangi Mar&h stayed. Her-husband said: "I supposo that's why you went there." She denied that that was so. Mrs. Mor-1 gan said that she h&A not admitted to her husband that she .had committed misconduct or adultery with Marsh. Her husband told her that if she drew certain money out of the bank she could get a divorce. His Honour: you wanted a divorce? —We both wanted it, Mrs. Morgan said that when she went with her husband to Mr. Ongley's office sho thought a divorce could be obtained if both agreed. She drew £42 out of the bank and gave her husband £32. In Mr. Ongley's office she was told that if sho signed certain papers sho would be ablo to get a divorce. /His Honour said he could not understand why all "this elaborate business had been gone in. for." If Mrs. Morgan had come down and left her husband, proceedings for restitution of conjugal rights could have been taken, and then, if Mrs. Morgan did not return, Morgan could have applied on this ground for a divorce. SIGNINO OF PAPEBS. Mrs. Morgan said-that she left Wei' lington for her homo with her husband. On tho train Morgan asked her to sign papers, but she refused. Her husband threatened to make a scene in tho cairiage, And because of that she signed the papers, but at tho .time sho told him that he knew very well that they were not true. That was just before the train arrived at Hastings. At Hastings when Marsh was shown the papers ; on;, the; station /and' wast asked t6!"sign'^them';!'he>:'^was'';:i'3nmbfoun'dQdl Marsh v said: .he ! Would i nbt:; sign;'';/:the ■papers;for *MorgaV or/anyone''elsei Morgan then/ slapped Marsh/across the '■£ac^p'hia.: >w.iii'.^ettiiig;.'-tipreJt^V/workecl' up. ''WitnessAtold/Marsh/that'she;had been/informed."that^ if he /signed: the papers evwyttifrg';/would -bei all- right. ;Majsh.i.;^anted''tb"fsee';a'fs6licitqri-;-but' Mofgari would'hay6 none of that'.';Mor-■•.gan/''Bai.d.'.,th'.at)'lf-;the:s-paperg';vwbye::'-not' signed neither witness iior Marsh would be alive; said that if he/were to". sign the papers Morgan: could/ f' go" for him. for/damages. Morgan agreed to, sign ah": undertaking-that he, would not claim damages/'Her'husband was standing ; over.; Marsh/Zand -Marsh;■';had no option: but: to; sigh the papers.' He signed, but Morgan, instead ■/.. ofxhanding :over; the'iCpaperi he, had;signed, /retained : it;/ands dashed;,out : the ■ra|ljvay/."Uhe's^''^Sh'o..';ohasedv/ani:;'caught him, but her'husband got clear of her; She /caught/him again at the entrance ; to./tho .railway: station.;: Mbrgaii then gavo, ; ;her ;the paper.*// C/ v' ;■ \';'-Vt,: :';■;;■;- •. ' At this' stage;,the> Court 'adjournod until. 10.30 on Monday;, morning. '