ACTION FOR DIVORCE.

Northern Advocate, 27 August 1920, Page 2

ACTION FOR DIVORCE.

WHANGAREI PARTIES CON-

CERNED,

Iv the Supreme Court at Auckland on Wednesday afternoon and yesterday, Mr Justice Cooper and a jury heard a petition for divorce, in which the petitioner, Leslie King Bealc, fireman, of Whangarei, represented by Mr Indcr, sought dissolution of his marriage with Olive Muriel Bcalo (Mr T. H. Steadman) on the ground of alleged misconduct with Percy Western, telegraph engiuecr, of Whangarei (Mr A. Moody a'ud Mr Osburne-Lilly). The amount of damages claimed was £000.

The case set, forth by the petitioner was that his marriage to the respondent took place before the registrar at Hamilon on August 22, 1917. He went into camp in April, 1918, and subsequently received affectionate letters from his wife, but on his return from abroad, in June of last year, the respondent wrote from Whaagarei, where she was living with her sister, that she could not rejoin him. He visited Whangarei and learnt that on October 31, 1915, his wife had registered the birth of an illegitimate child. When he spoke to respondent of divorce proceedings she offered to meet him with costs if he would not cite a co-respondent, as the co-respondent was in a Government position. Petitioner charged the co-respondent with misconduct, but he denied the charge.

Respondent ; s , sister gave evidence that Western often visited respondent at witness's house in Whangarei. When the child was born Western took a bottle of wine to a friend's house to celebrate the birthday and proposed a toast, "Here's to my not being found out." G. H. Jenkinson, foreman linesman, Whangarei, the respondent's brother-in -law, gave evidence as to Western's visit to Mrs Beale, and said that after the birth of the child the co-respon-dent remarked that if witness and his wife trept out of tho case he thought he could win and would have enough to marry respondent. The child resembled co-respondent very much. Mr Osburne-Lilly asked his Honour to withdraw the case from the jury so far as Western was concerned, but his Honour replied that there was a case against Western, though he did not say it was strong. There was a complete case against respondent. The respondent had filed a counterpetition,, alleging that the petitioner had committed adultery young woman at Frankton in November, 1917. The petitioner denied the allegation. Giving evidence on this point, respondent said that her married life at Frankton was fairly smooth for about three months. Then an Auckland girl went, to visit respondent's sister at Frankton. On one occasion during an evening motor trip her husband and the visitor went for an hour's walk in the Cambridge Domain, leaving her with the taxi-driver. Later petitioner began to -make week-end visits to Auckland, for. the purpose, witness alleged, of seeing the young woman. Prior to his going on active service petitioner was indifferon to wit ness at times, and on his return he behaved disgustingly and used terrible language. No evidence was called for the corespondent, but counsel addressed the jury. The jury found respondent, and corespondent guilty of misconduct and assessed damages at £100. The jury also found that petitioner had not misconducted himself, as alleged by respondent. A decree nisi was granted.