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Tiicbsday, September 26.

(Before His Honor Mr Justice Williams and a Special Jury of twelve.)

D'Albedyhll v. D'Aldkdyiill.— Suit for dissolution of marriage. Dr Fitchett appeared for the petitioner ; Mr P. R. Chapman, with him Mr A. S. Adams, for respondent. At 5.45 p.m. the jury returned, and'the Foreman stated that, with regard to the fourth issue, which was really the only one they were trying, there was not the smallest chance of the jury agreeing. His Honor, after looking over the statute and rules, said that at the expiration of three hours a verdict of three-fourths could be taken.

Tho Foreman said there was no probability of nine of the jurors agreeing upon an answer to the fourth issue.

The jury having again retired after a conference, Dr Fitchett said he was glad to say that they had come to a private understanding of the matter which would relieve the jury. They would ask the jury to give a verdict on the first three issues, and be discharged aB to the fourth issue.

His Honor thought that was the proper course.

The jury, on being called in, answered the issues as follows :

(1) Were the petitioner and respondent married to one another ?—Yes.

(2) Did the respondent commit adultery with one Victoria Grant?—fto.

(3) Did the respondent commit adultery with one Eliza Jane Matthews ?—No.

(4) Has the respondent been guilty of cruelty to the petitioner ?—This issue was not answered.

His Honor: Then you are discharged from finding the fourth issue.

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Bibliographic details

SUPREME COURT., Issue 8023, 27 September 1889

Word Count

SUPREME COURT. Issue 8023, 27 September 1889

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