THE SYDNEY DIVORCE CASE.

New Zealand Herald, Volume XXXVII, Issue 11544, 1 December 1900, Page 5

THE SYDNEY DIVORCE CASE.

By Telegraph.— Association.—

Sydney, November 30. An t application was made in the Divorce Court to-day by Colonel Close, appearing on behalf of the petitioner, to have the Coningham case postponed from December 3 to the next sittings of the Court. An affidavit by Ernest Abigail, set out that he was Coningham's solicitor, that criminal proceedings were pending against him, and that the excitement caused by his prosecution, and the sensational reports which had appeared in the press thereupon, would be sure to have an extremely prejudicial effect on the case, and unless it was postponed would be more likely to result in unduly influencing, if not in defeating, the ends of justice. The petitioner also filed an affidavit to a similar effect. In reply an affidavit by the co-respondent set out that he was private secretary to Cardinal Moran, and administrator of St. Mary's Cathedral. The charge against him was the most serious that could be made against a priest. The trial should not be postponed in simple justice to his position as a priest. From the evidence given in the case against Abigail in the Police Court, he feared in the event of a postponement attempts would be made to manufacture evidence against him, and also that he might lose the evidence of material witnesses. Colonel Close argued that it was very unfair that the petitioner should be made to suffer for anything alleged to have been done by his solicitor. Mr. Justice Simpson, in refusing the application, with costs, pointed out that the magistrate in committing Abigail had left the application of Dr. O'Haran's counsel for Abigail's trial at the criminal instead of the quarter sessions in the hands of the Attorney-General. He did not think it probable the Attorney-General was likely to allow Abigail to be tried at the quarter sessions. He would probably have to wait till February. He thought no harm could be done to the petitioner in refusing the postponement, but considerable injustice would be done to Dr. O'Haran.