SUPREME COURT.

Lyttelton Times, Volume CXVII, Issue 17881, 29 August 1918, Page 2

SUPREME COURT.

JUDICIAL SEPARATION ACTION.

His Honor Mr Justice Herdman presided at the civil sittings of the Supremo Court yesterday. The case was resumed in which Sarah Davison (Mr Dougall) petitioned for an order for judicial separation from her husband, Janies Davison (Mr Alpers), on the grounds of persistent cruelty. . The case for the petitioner was continued, evidence being given by Annie Black, nurse; Rosa Armstrong, sister of petitioner ; Hugh Alexander Davison. the eldest son.

This closed the evidence for petitioner.

For the respondent, evidence was given by Barbara Lawry, proprietor of a nursing home at Timaru; Mary Ann M’Kenzie, cousin of respondent; and James Davison, respondent. After brief arguments on law points bv counsel, His Honor stated that he had come to the conclusion that no good purpose would be served by reserving Ins decision. . There was no evidence of physical violence, but there was as to. neglect. If there were only isolated instances of neglect, petitioner would not be entitled to a decree. His Honor could not help coming to the conclusion that the evidence justified him in saying that legal cruelty had been committed. His Honor referred to salient points of the evidence, and commented on the fact that respondent had refused the right of his wife and children to say farewell to two sons who were on final leave from camp. A decree of judicial separation would be granted, with custody of the youngest child to the mother, reasonable access to seo the,child to be allowed the father in terms to be arranged. Costs were allowed on the highest scale, witnesses’ expenses and disbursements to be fixed by the Registrar. The Court then adjourned until 10.30 a.m. on the following day.