SUPREME COURT.—DIVORCE AND MATRIMONIAL CAUSES JURISDICTION.

Hawke's Bay Herald, Volume XXVII, Issue 9199, 2 November 1892, Page 3

SUPREME COURT.— DIVORCE AND MATRIMONIAL CAUSES JURISDICTION.

Tuesday, Novemder l.

[Before his Honor the Chict Justice and a

special jury.)

B, JOSHUA V. J. JOSHUA AND J. JOSHUA

V. S. JOSHUA.

The hearing of this case waa continued. Mr Cotterell concluded bis address to the jury nt a quarter to 11 o'clock. Mr Gully occupied from that time till nearly 5 o'clock in addressing the jury. His Honor summed up at considerable length, the jury retiring at eight minutes to 9 o'clock with the following iß9ues to anßwer : —

1. Did John Joshua commit adultery with Annie Tuft between the month of October and the 17th ot December, 1889, at the Spa, Taupo ? 2. Dia John Joshua commit adultery with Annie Tuft between the 14th and 21st of January, 1891, at Napier t

3. Did John Jos&ua commit adultery with Annie Tuft during the latter part of the month of January and the first part of the month of February, 1891, at Waitangi Cottage, Clive ? 4. Did John Joshua commit adultery with Annie Tuft between the 10th and 31it of January, 1890, at the Spa ?

6. Did John Joshua commit adultery with Annie Tuft ou the 24th of December, 1890, at Waitangi Cottage ?

6. Did John Joshua commit adultery with Ada Keep at theSpn, Tanpo, on tho 20th, 27th, 28tb, 29th, 30th, and 31st of December, 1887 ?

7. Did Sophia Joshua commit adultery with Norman Konnedy on or about the 2B'h of July, IS9O, at Waitangi Cottage?

8, Did Sophia Joshua commit adultery with Norman Kennedy on tho 4th of January, 1891, at Waitangi Cottage?

0, Did Sophia Joshua commit adultery with Norman Kennedy on the 7th of Jr-auary, 1891, at Waitangi Cottage? 10. Did Sophia Joshua commit adultery with William Francis John Anderson during the last week of November, 1890, at Waitangi Cottage f

At 11 o'clock the jury returned, and a»kcd whether, in the event of there being a majority of the jury agreed upon an answer to the general issue with reference ts tbe charges against John Joshua wonld his Honor accept it, or must the jury he unanimous. His Honor snjd that a three fourths majority would be accepted after three honrs, but it would be preferable Irom all points of view for a unanimous answer to be returned.

The jury returned again to ar-k further questions at 7 minutes past 12 o'clock, principally as to whether it wa9 necessary for tbe jury to fix times and places for acts of adultery.

His Honor said that a general an«wer aa to tbe period before the 29tlr of January would be accepted. The jury retired once more, at 20 minutes past 12 o'clock, and returned with their verdict at 25 minutes to I o'clock. Tho verdict waa as follows :— With reference to issues 1 to G, inclusive, the jary found by a three-fourths mojorlty that John Joshua committed adultery with Annie Tuft between October, 1889, and January, 1891. With reference to issue No. 6, the jury returned a unanimous answer lv the negative. They also returned a unanimous answer in the negative to all tbe other issues, and by the permisoion of his Honor also put in the following statement :— " The jury desire to express their unanimous opinion that there haa been nbBolutely no evidence adduced to connect Norman Kennedy and William Francis John Anderson with the charges against them, and that they are completely exonerated."

The reading of thia finding evoked applause from the body of tbo densely crowded Court, but it was fmraedlately suppressed.

On the application of Mr Gully bis Honor agreed to hear an application for a decree of judicial separation and costs this morning. The Court adjourned till 10.30 o'clock this (Wednesday) morning.