Many or Pay.

Hastings Standard, Issue 53, 27 June 1896, Page 4

Many or Pay.

£ISOO DAMAGES MIGHT BE FORGIVEN. Mr Berkley, who is an engineer on one of the Indian railways, was married to his wife, Eliza Louisa (called Lou for short), at St. Thomas's Cathedral, Bombay, on 17th April, 1894. In 1886 they made the acquaintance of Captain Hawkes. who was quartered with hi* |regiment at Seeunderabad. There was nothing to excite the husband's suspicions even when, in 1891, under the pretext of avoiding the heat, Mrs Berkley, instead of going to the hill:!, went home to England, and Captain Hawkes wont Homo in the sane steamer. Mr Berkley subsequently received the following letter from his -wife: —"For the last five years our life has been anything but a happy one. I told you when I left for England this time that if I heard from a reliable source that you had again given way to your unhappy weakness I would never return to you. I have j heard that you have given way, and jftther thaa return to India I wMI gi\e '

you proof of my infidelity with Captain Ilawkes, and ask you to divorce me. It gives me groat pain to write this to you, ns I know it will give you soino pain to know it. I have told my mother all. Your kindness and generosity to me I shall never forget." The " proof of infidelity" was evidence that in August, 1891, Mrs Berkley and Captain Ilawkes stayed at the Pole Arms Hotel, at Seaton, in Devonshire, as husband and wife. Mr Berkley claimed damages against Captain Hawkes, and in the pleadings both respondent and co - respondent denied the charge of adultery. Mr Barnard, for the petitioner, suggested a consultation between himself, His Lordship, and counsel for the respondent and co-respondent. As the result of the adjournment to His Lordship's private room Mr Barnard made the following strange announcement : " Council for the co-respondent has agreed with me, subject to your Lordship's approval, that the damages shall be assessed at £ISOO. The petitioner never wished to have any of the damages for himself, except any small sum which would pay the costs of the suit. A communication has been made to him that the co-respondent intends to marry this lady, and the petitioner will be perfectly satisfied, with the approval of your Lordship, if you assess the damages at £ISOO, not to enforce these damages if the co-re-spondent marries this lady within six months after the decree is made absolute (which will be six months hence.) If not, he will ask to have the damages enforced." The jury found the respondent and co-respondent guilty of adultery, and awarded the petitioner 61,500 damages. His Lordship made decree nisi, and an order as to damages in the terms suggested by Mr Barnard.