A MELBOURNE DIVORCE CASE.

New Zealand Herald, Volume XXV, Issue 9164, 20 September 1888, Page 5

A MELBOURNE DIVORCE CASE.

♦ A divorce suit was tried before Mr. Justice Kerferd and a special jury of 12 in the Supreme Court, Melbourne, on September 7, in which a commercial traveller named James W. Leigh ton sought for a divorce from his wife, Philena Leigh ton. The corespondent was one John Noble Yates, who had been a preacher in a "Church of Christ" that held services in the Temperance Hall, Pvae-street, North Fitzroy. Yates had left this church a few years ago, and he afterwards was appointed as a missionary for some temperance society. He had been married, but his wife died in September, 1887. In November, 1887, Mrs. Leigh ton left her husband, aud lived with Yates at South Yarra, at Mornington, and at Frankston, where they went under the name of Mr. and Mrs. Amar. Mr. Leighton for some months could not find any traces of his wife, but ultimately, from information supplied by a friend, learnt that she j was residing at Mornington. In addition ; to applying for a dissolution of the marriage, Mr. Leighton claimed £2000 damages against Yates. The respondent and co- j respondent had filed answers to the petition, and charges were made by Mrs. Leighton that her husband had been guilty of conduct towards her that had conduced to the adultery. Neither the respondent nor the co-respondent appeared in Court, but an application was made by Mr. Forlongeon behalf of the respondent for an adjournment of the case till the next sittings on the ground that the respondent's proctor, who had been instructed to represent her, did not know where she was living, and, tho'.:c'i he had advertised for her, had been unulle to find her. The adjournment was refused, and after evidence had been given in support of the petition, the jury found a verdict in favour of the petitioner with £2000 damages against Yates. A decree nisi for dissolution of the marriage with costs against Yar-ua was granted. Mr. Topp appeared for the petitioner. ,