A MAJOR AS GO-RESPONDENT.

New Zealand Herald, Volume XXVIII, Issue 8664, 5 September 1891, Page 2 (Supplement)

A MAJOR AS GO-RESPONDENT.

In* tho Divorce Court, London, on July 15, the suib of Hurley v. Hurloy and Menzios was commenced. It was a petition pro* soil ted by the husband, tho chlof superintendent of Telegraph Dopnrfcmonb at Ceylon, praying for tho dissolution of his marriage, on the ground of tho alleged misconduct of his wife with tho co-respondent, Major Menzies, of tho Gordon Highlanders Regiment. The respondent and co-rospon-donb denied tho allegations. There Was t\ claim for damages. Mr. Lockwbod, Q.C., and Mr. Deans ap>" peared for tho petitioner; Mr. Willis, Q.U., and Mr. Lewis Thomas for tho respondent. The co-respondonb did nob appear by counsel, his evidence having been taken on commission. Mr. Edward Hurley, tho petitioner, said ho was married to the respondent in 18&3, in Ceylon. In January, 1889, co-respon-dent, an oflicer in the Gordon Highlanders, camo to Coylon with his regiment. Witness made his acquaintance, and Major Menzies visited at his house. Up to thab time he had lived happily with his wife. In July, 1889, he was away from duty for abotib a month, and on his return homo he received a communication from one of the servants. lie received a letter from the nyilh, which ho read to the respondent, and naked her what ib meant, and why she had not informed him of Major Menzies' visits when she wrote to him while away from home. She did nob seem to comprehend the gravity of the matter, and he wrote a letter to hor On July 29, 1889, telling hor that such proceedings were endangering her honour, and' warning her that if she persisted in receiving such visits he should consult his legal adviser on the matter. He saw her subsequently, and. she appeared sorry for her conduct, bub in "A very short time he found Major Menzies was still visiting. , This caused trouble and quarrels betweon himself and the respondent, and then ho told her ho had so Insulted Major Menzies that lie did nob think ho would ever coino into the house again. Ho noticed, after Major Menzies left Ceylon in 1890, that respondent wore a diamond ring, and ho asked her how she got it. She told l.im ib was given to her by hotsister, and on seeing the respondent's sister ho asked if her ib was true. She said it Was. In 1890 ho was taken ill and ordered to England. Ho arrived in this country on July 25 and the respondent and family went) to reside -at Lad broke Grove. On July 30 ho entered a homo in Fitzroy Square for the purpose of receiving surgical assistance. While there Major Menzies called on him once. On returning home, on August 13, he asked about Major Menzies, and respondent said she did not know anything about him. After that his atton tion was drawn to the blotting-pad. He asked the respondent whom she had addressed as " My own darling Jim," and she said she had written to no person of that namo. Ho asked her the Christaiti name of Menzies, and she said sho knew nothing about him. Mr. Lock wood here handed several sheets of white blotting-paper to his lordship, and, with the aid of a glass, his lordship said ho could trace the words "My own darling Jim." There was tho offset of an address, "Major Menzies, Junior United Service Club, 5, Charles-street." and also tho offset of the words " I do love you as ever," or " as never woman loved." Extracts from the letters wore read. They were couched in tho most affectionate terms, commencing "My own darling Lottio." Tho writer expressed "deep love," " implored an interview," pointed out that " there was no danger," and spoke of " the creaturc." The address for reply was, " Major Menzies, School of Musketry, II the." Evidence having been given from tho War Office that Major James John Burke Menzies was now with the Ist Battalion of Gordon Highlanders at Colombo, The deposition of Major Menzies, taken on commission prior to his departure from England last year with his regiment for Ceylon, was read. Ho denied thab he had ever, on any occasion, been guilty of the slightest impropriety with Mrs. Hurley, lie gave a denial to the allegation that he had given Mrs. Hurloy a diamond ring, and he then explained tho reason of his using certain terms in his letters to Mrs. Hurley. Ho said ho was induced to use them in conscqueneo of Mr. Hurley being a " bully" to his wife. Ho now admitted the using of such terms was extremely indiscreet.

Mrs. Chapman, the landlady at Ladbroke ] Grove, gave evidence as to receiving cer- I tain letters under cover for Mrs. Hurley, j and giving some of them to Mr. Hurley. After the present suit had commenced Mrs. Hurley said Major Menzies would givo petitioner £GOO if he withdrew the petition. Tho respondent was then examined by Mr. Willis. She said she was married in 1883, and they lived in Ceylon. Major Menzies called on her soon after hor arrival there. Ho had ten and stayed for about an hour. Occasionally sho drove out with him. Major Menzies never called on her or drove out with her without her huaband being informed. Her husband novor spoke to her about tho visits of Menzies. He wrote her a letter, with the result that they did nob speak to each other for a week. When, she returned to England she again met Menzies, bub with the full knowledge and consent of hor husband. Sho firsb went to the Adelphi Hotel to see him in August, and she had lunch with him. She went to tho hotel on subsequent occasions, in all about 12 times. Never 011 any of those occasions had any impropriety taken place. She had never beon in any bedroom in tho house. Sho was not at the Adelphi Hotel 011 the 15th November. She did not say that Major Menzies would give £500 or £000 to her husband in settlement of the proceedings. What she said was that Major Menzies would give a sum if her husband would withdraw tho proceedings. On Thursday tho respondent, in further cross-examination, said that she visited Major Menzies ab the Adelphi Hotel 011 August 12, and again in September. Sho also visited him in October and November, twice in the latter month. On the 9th she recollected Mrs. Chapman giving her a letter she had received for her under cover. Mrs. Chapman said sho would not receive any more letters, and she (respondent) told her she would see that no more letters were sent. The letter Mrs. Chapman gave her was not addressed to her by name. She had seen Major Menzies' letter of November 12 beginning, " My own darling Lottie." She admitted the handwriting was Major Menzies'. Do you swear that you had never received a letter commencing like that before? I novor received one before so addressed to mo. What does lie mean by saying " Darling Lottie, come to your Jim ?" I don't know. I was surprised at receiving such a letter. He had never so-addressed mo before. I swear ho had never called me " Lottie" before bhab. Did Major Menzies ever write to you apologising for using the term ? No, he did not. I admit that I have addressed him as " My own darling Jim." Who does the word " creature" refer to? My husband. " Tho creaburo" was a nickname given to my husband by his bachelor friends in Ceylon. In re-examination the respondent declared thab the words on tho blottingpaper, "My own darling," and "the creature never goes out," wero used in letters addressed by her to hor si3ter. Two waiters and a chambermaid ab the Adelphi Hotel deposed to having seen nothing improper in the relations of the major and the respondent when at tho hotel. Mr. Willis, Q.C., then addressed the jury for the respondent. Taking tho whole of the case, ho insisted that there was not sufficient evidence to prove misconduct. Mr. Lock wood, replying on the part of the petitioner, Mr. Hurley, insisted that the case for his client had been mado out, even by the admissions tho respondent herself had made. His lordship, in directing the jury, said that in this ease all the material facts were admitted, and the real difficulty was whab inference they could draw from these facts. As to the question of damagos, they were only entitled to award such amount as would compensate the husband for tho loss lie had sustained by being deprived of his wifo's society and nob to punish tho corespondent. Tho jury, after an absence of threo hours, could nob agree upon a vordict, and wero accordingly discharged.