DIVORCE COURT.

Marlborough Press, Volume XII, Issue 752, 14 June 1871, Page 2

DIVORCE COURT.

[Before His Honor Mr Justice Richmond, and a common jury]. The first case in Nelson under “ The Divorce and Matrimonial Causes Act, 1867,” was heard this morning, James Thomas being the petitioner, and Emily Thomas respondent, and Elijah Bythell corespondent. The petition set forth that James Thomas, of Lower Wakefield, shoemaker, was married on the 29th December, 1866, to Emily Jolly, spinster, of Blenheim; that on the 21st May 1867, bis wife gave birth to a male child ; that the petitioner alleged that he was not the natural father cf the said child, and that since its birth he had not cohabited with his wife ; that frequently since then she had commited adultery with Elijah Bythell the co-respon-dent j that in the month of July, 1869, the respondent, gave birth to another child of which the petitioner alleges that he was not the father; that, therefore, the petitioner prayed fora dissolution of the said marriage, and that the said Elijah Bythell be ordered to pay to him the sum of £SOO damages Mr Pitt appeared for the petitioner and Mr Fell for the respondent. The following are the issues set down for trial together with the finding of tho jury thereon:— 1. Whether James Thomas the petitioner was lawfully married to Emily Thomas, the respondent, at Blenheim, on or about the 29th December, 1866? Yes. 2 Whether Emily Thomas, the respondent, on or about the 21st May, 1867, gave birth to a male child? Yes. 8. Whether James Thomas, the petitioner was the natural father of such male child ? No. 4. Whether Emily Thomas since the month of June, 1867, committed adultery with Elijah Bythell, the co-respondent, as alleged in the petition ? Yes. 5 Whether Emily Thomas, in or about the mouth of July, 1869, gave birth to another child ? No. 6 Whether James Thomas the petitioner was the natural father of such last mentioned child ? No. 7 Whether between the months of J une, 1867, and July, 1869, Janies Thomas, the petitioner, at any time had access to Emily Thomas the respondent? No. 8. Whether James Thomas the petitioner, has condoned the adultery com. milted by Emily Thomas? No. 9 Whether James Thomas the petitioner has been guilty of cruelty towards Emily Thomas? 10. What amount of damages should bo paid by Elijah Bythell the co-respondent in respect of the adultery (if any) by him committed ? The two last issues were withdrawn. The case will now have to be taken before the Divorce Court at Wellington.