DECREE NISI FOR WHANGAROA PORTER

Northern Advocate, 27 November 1937, Page 5

DECREE NISI FOR WHANGAROA PORTER

[Special To ‘'Northern Advocate"'} AUCKLAND. This Day..

A decree nisi, with costs against the co-respondent, was granted in the Supreme Court yesterday, when a petition for divorce on the grounds of adultery was brought before Mr Justice Ostler by Arthur George Bennett, a porter at the Whangaroa Hosrntal, against his wife. Ethel Rose Bennett. Robert John Fleming was cited as corespondent.

The petitioner said he married respondent at Sales, near Whangaroa, in, . October, 1906. There were two chUdren, now adults, of the marring o . The respondent and co-respond°nt were distant relatives—first cousins or “something of the sort.” Petitioner was now a porter at the Whangaroa Hospital, and he and his wife had lived together, in Saies till August 12 of last year, when she went to live in the shack of Fleming, who was a fisher-, man. Respondent had been ill and confined to her bed for a couple of years,", but petitioner considered she could have got up if she wished to do so. Well Looked After. V: He considered she was well looked ■ after, as she had fresh milk twice a day, eggs and patent foods and medicines. “She was fat, short and. stout, . plump and healthy looking,” said peti- >. tioner. “She did not want anyone to . look after her but Bob (co-respondent) and I employed him at one time for nine weeks at 10/- a week to look after her.” Questioned by Mr Guy, petitioner said she had complained of shortage of food, but there was always food in the house. He would not deny that when his wife, who > was in bed, complained of his cooking, he told her that if she liked Bob’s cooking best, she could get Bob to cook for her. In answer to the co-respondent, the petitioner said that, since his wife had been at Fleming’s shack he had only given her 5/-. He knew she was generally considered be bedridden. Fleming; When I asked you just before last Christmas to get a car and take your wife home, because she could not walk, what did you say?— I said I didn’t want to waste my time going down to talk to her. Not Much Wrong Physically. . You were to pay me 10/- a week for looking after your wife. I had to chase you for the money, didn’t I?—You had to come to me for it. Dr. James Mail said he had examined the respondent and did not think there was much the matter with her physically. Fleming: Do you say there is nothing wrong with a woman who has only been out of bed twice in 13 months?—Physically, I could not find much wrong with her. Evidence was called to show that there had always been sufficient food in the house when the respondent was living with he.r husband. Mr Guy said he would not be able to - call the respondent, because she certainly bedridden, but ho would call other evidence.

Sarah Anne Foley, elder sister of respondent, said she had been thrice married. Her first husband died. Fleming, co-respondent in this case, was the second. She divorced him after four years of marriage, because of his persistent cruelty. Mr Guy, for Mrs Bennett, said that Mrs Bennett was not present to give evidence, as apparently, she was unable to leave her bed. Charge Denied. - > The co-respondent gave evidence, and. denied that at any time there been misconduct between himself and the respondent. The reason she came to his shack was because she was ill, and was not getting enough food. It was Bennett himself who sug--gested his wife should go to witness’ shack and be looked after. He considered the respondent badly required attention now. “I am doing the. best I can, but I can’t provide sufficient food.”

Later, witness said: “I don’t know how she is getting on. today. She is a sick woman. I wrote and told Bennett and her brother and sister, hut nobody seemed to take any notice.” Questioned by Mr Holmdon, counsel for Bennett, Fleming said he was never fond of the respondent. He denied any knowledge of a letter written by her in endearing terms, and addressed to “Dear Bob.” The decree was granted as stated.