SUPREME COURT.

Manawatu Times, Volume LXIV, Issue 139, 15 June 1907, Page 5

SUPREME COURT.

The session was continued yesterday before his Honor Mr Justice Cooper. T. F. Watson and others v. Leonard Sutton, claim .£2OO for alleged breach of agreement. Upon this action being mentioned, Mr Lockhart Fitzherbert, who appeared for the plaintiffs, notified the Court that the case had been settled out of Court, and applied to have it struck out, Mr J. P. Innes, who appeared for the defendant, consenting, his Honor accordingly struck same out. DIVORCE. Edward Samuel Dawick (Mi Innes) v. Catherine Dawick (Mr Fitzherbert), dissolution of marriage on the grounds of habitual drunkenness. The following were the juiy:—D. Buick (foreman), W. Osborne, junr., R. M. Bryant, J. Dalrymple, J. H. Dixon, M. L. Aitken, C. Just, B. Broome, A. E. Curran, A. Andrews, J. C. Buchanan, J. Hanley. E. S. Dawick said he was married to respondent in Wellington, in November, 1896. Immediately after the marriage they came to Palmerston, and shortly afterwards took a boarding-house, which he kept until last year. They had two children. The eldest child had to be sent to Otaki, as the mother was incapable of looking after her. About 1901 he noticed that his wife was drinking, and the habit developed strongly the following year. She was in the habit of taking the money given by her by the boarders and spending it in drink. In September, 1902, a prohibition order was taken out. When the order expired petitioner did not seek for a renewal as it was useless, for respondent was still getting drink. She would watch for an opportunity for someone to pass the window, and give them a shilling to get her drink. When under the influence of drink respondent was always violent, and would smash windows and furniture. In June, 1904, petitioner secured the services of two doctors, and had respondent committed to the Waitaki Home, where she remairied about four months. At the end of that time he went to see her, and was not satisfied with the way she was treated, bo he brought her back to Palmerston. She faithfully promised that liquor would never enter her lips again, but he found after two weeks she started to drink worse than eyer. On one occasion he took a child from her because she was ill-treating it, and she chased him round the house with a hatchet.

By Mr PitzherbertDuring the last few months she has not been drinking so much, because she could not. get the necessary cash. He had no hope of breaking her oil the habit. Never assaulted his wife. She had continually asked him to take her away from Palrnerbtoo. He had no complaint to find with her moral character. Ho had lived with her up to lait Monday night and, cohabited.

His Honor said he never heard of suoh an extraordinary case. The parties living together up to as late as Monday after the petition had been filed.

Mr Innes intimated that he would not proceed with the case and applied for a dismissal, which was granted with costs on lowest scale.

His Honor said there an opportunity now for her to control her habit and there was no reason why the parties should not live happily together. He would not use the harsh word "Reform" because her moral character was spotless. He then strongly urqed upon the parties to forget the past and start out on a new life.

Marshall V. Knight (Mr Innes) applied for a dissolution of marriage with Clara A. Knight on the grounds that respondent failed to comply with an order of the Court for a restitution of conjugal rights. There was no appearance of respondent. A decree nisi was granted, to be made absolute in six months.

Thomas P. Blake (Mr Innes) made application for a dissolution of marriage with Emily Elake on the ground that his wife would not live with him. She had been away for some time, and although he sent her money she would not return. A decree nisi was granted.

Emily Daly (Mr Cooke) applied for a dissolution of marriage with Bichard Daly on the ground of her husband's adultery. There was no appearance of respondent. Petitioner stated that she had to leave her husband some years ago on account of his drunken habits. About four months ago she found cut her husband waa living with another woman at Oroua Bridge. Evidence was given as to Daly's arrest, and he was brought before the Court the other day charged with bigamy. A decree nisi was granted with costs on lowest scale.

Frederich Lecaldano (Mr Harden) applied for restitution of conjugal rights. Petitioner said his wife refused to live with him. He had a good home for her, and had tried to get her back. Last week she came to the shop where he waa working. and smashed crockery, etc.

His Honor said it had to be shown that there was an honest desire on the part of petitioner for his wife to return, and it was not so in this case. He would adjourn the application until next sitting in September.

Alexander Oliver Mulvay applied for a dissolution of marriage with Annie E. Mulvay. Petitioner stated that respondent left him tome time ago. He saw her once and asked her to return, but she refused. He had never seen her since. The decreo was granted.