AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLII, Issue 12955, 26 August 1905, Page 7

AUCKLAND SUPREME COURT

CIVIL SITTINGS. The civil sittings of the Auckland Supreme Court were continued before His Honor Mr. Justice Edwards at half-past ten yesterday morning. In the matter of .Tames Michael McCarthy (Mr. Reed) v. Charles Cakshott Phair (Mr. Earl), a claim for specific performance, an order was made by consent for the release of forfeiture in terms of agreement, on the defendant paying within seven days £200, interest due, and costs amounting to £35. MAGISTRATE'S DECISION REVERSED. His Honor gave judgment in connection with the motion to make absolute a rule nisi for prohibition, granted under section 266 of the Justices of the Peace Act, 1882, upon the ground that the evidence adduced at the hearing did not support the information or disclose any offence on the part, of the present, plaintiff, Matiu Poutu, the person charged. This was a case in which the plaintiff appealed against the decision of Mr. 11. S. Florence, S.M., in convicting and fining him for procuring his brother, Charles Poutu, to wilfully set fire, to certain scrub at, Towai, on February 2 last. His Honor, after reviewing the evidence, held that, it did not justify the magistrate in. convicting the plaintiff upon a criminal charge. The rule nisi for prohibition must, therefore, bo made absolute. The police were not to blame for miscarriage of justice, and he could therefore make no order for costs against the constable. He did not think it proper either to order exists against the magistrate. Mr. J. It Heed appeared in support of Iho motion, and Mr. J. C. Martin to show cause.

DIVORCE CASES. MATRIMONIAL TROUBLES OF A SALVATIONIST. "TOO PRECISE." An application for a dissolution of hits marriage with Lillian Harriett Brighouse was made by John Samuel Brighouse, upon the grounds of desertion. The petitioner, for whom Mr. J. 11. Reed appeared, said that he was married to the respondent in June, 1897. There was one child of the marriage. For the first 16 or 18 months they lived happily together at Kaeo. As ho was a bushman, his work took him frequently away from home, and he found that, owing to his wife's extravagance in giving parties, his wages, amounting to £2 10s per week, were insufficient. Ho got into debt, and after remonstrating with his wife he gave up his distant work to lake work closer to home. This, however, did not remedy matters. His wifo frequently went about with a Mr. Leslie, and to this he objected. He suggested nothing immoral upon the part of his wife. /""ally, at Easter, 1900, he left fur Dannevirko. At his wife's request she remained behind, in order to allow him sufficient time to provide a home for her. He left her well provided for On his arrival at Dannevirke he wrote to 'his wile, enclosing £2. He had work A fortnight after he left Kaeo he received a letter from his wife, which rather startled him She complained that he had not left her comfortably, and referred to his socalled love for his child, which, she said, was like "the blessing of a priest, which cost nothing" She further said that lie had made allegations against her character, and declared that as he had "bullied, insulted, and sneered" at her, she was not going to live with him agaim She described his sister as "an old bag." Petitioner said that be wrote m reply absolutely denying these charges, and inviting her to comedown. After that he received a cartoon of a Salvation Army officer. ine cartoon was produced, and showed a Salvation Army officer standing upon a box, playing to an audience, of curious individuals. To this was attached the following inscription, which was read by Mr. Heed, and which was identified by the. petitioner as in his wife's handwriting: —

oh, 'li., true, 'tis true, I've got a billet in the

* rmv For, strike mo fat, I say, that I've changed to-day From a Mollie into a Sadie; . Oh, 'tis line, 'tis true, I blow like blazes in the

Army. [Snug with howling effect by the Hon. J. Brighouse, mi the memorable occasion of his initiation into the Salvation Army.]

Mr. Reed (to petitioner): I think that you have joined the Salvation Army? Petitioner: Yes. . Continuing, petitioner said that he received another "ditty," sent anonymously by post. This was handed in by Mr. Reed, who remarked thai; it was too obscene to read. Petitioner said that he did not accuse his wife of sending this. He afterwards went back to Kaeo, with the intention of seems his wife, but she always "out" him; she would not have anything to do with him, On asking her mother if she could assign any reason for his wife's conduct, the latter informed him that it was because he was "100 precise," and would not allow her to go about just as she liked. On one occasion, when ho succeeded in getting her to listen to him, bo urged her in the interests of the child to live with him. She said that she would do so upon condition that he "built" where her people lived, but he was unable to consent to this. . A witness named Edward Brown said that lie knew the Brighouse-s. He said that Mrs. Brighouse was somewhat extravagant; also that he had seen her frequently with a young man named Leslie. A decree nisi was granted, to be made absolute after three months. A SERVANT GIRL'S EXPERIENCE. SECRET MARRIAGE WITH A JOCKEY. The next petitioner for a decree nisi was a well-dressed servant girl of about SO years of age, named Ada Mary Col,ins, who described how she came to contract a secret marriage with a jockey, and how he afterwards cleared out—she did not know where. Mr. Erookfield appeared for the petitioner, and said that the application was based upon the grounds of desertion. Ada Mary Collins, the petitioner, said that she was married to the respondent at the registry office, Auckland, upon January 10, 1900. She was then 25 years of age. She said that she met the respondent while she was working at a place at Sylvia Park, two years prior to her marriage. Mr. Brookfiold: Were vou engaged to Collins? Petitioner: No. You were a sweetheart of'his, then?— Yes. Petitioner went on to say that immediately after hei marriage she went to keep house for hei sister at Epsom, and while she was there the respondent, who

was a jockey, used to visit her occasionally. On the 3rd of the following month she paid a visit to her people in the Waikato, and she then acquainted them for the first time that she was married. The petitioner here said that she only married the respondent upon condition that he would give up his connection with the races. While she was staying at her mother's she received a number of letters from the respondent, who had remained in Auckland. Mr. Brookfield, in producing these, said that they were couched'in very affectionate terms.

In the first of these the respondent wrote informing his wife that as soon as he sold his horse he would say " good-bye to races for ever." He then became affectionate. He said, "A man will never feel work hard when he has got a little darling like you to smile on him when he comes home. Your smile would take the tired feeling out of him." He also wrote of her as "his own little pet," and said that he hoped to be by her side before long. " 1 have nothing to do of evenings," he said, "except go to bed—no Ada to sit down and talc to quietly to pass away the evening." The petitioner, continuing, said that she replied to this, and in answer she received another letter, which was couched in equally affectionate terms. In the course of this the writer announced that ho was just as badly off at racing as ever. There is no sweet little Ada to smile on here," lie said, "and it is enough to make a man drown himself." He concluded by signing himself as "your lonely and brokenhearted husband, Alfiied Collins." The petitioner went on to say that the respondent ultimately paid a visit to her people. She met him upon his arrival and look him into the house, where, she introduced him.

Mr. Brookfield: What did you introduce him as?

Petitioner: I said "This is Alfred." Petitioner, resuming, said that a day or two afterwards her brother offered the respondent a billet at the Hamilton gasworks. This, Alfred said, was "just the thing." He added, however, that he had promised a man to take some horses to Dargaville for him, and he said that, in order to do this, he would have to leave next clay. He left accordingly, promising to return in ten days. He did not do so, however. She. wrote to him. In this letter she said that a pony which he had given her had run away with her, and she remarked, "You must have wanted to get rid of me to give me a pony like that." He replied from the Epsom Hotel, March 27, 1900. In this ho 'asked her, " Why should I want to get rid of you, pet, the only one I have got in the world to love? I think of you every day," and he concluded by asking her to remember him to " Pa, ma, and tho boys." That, said the petitioner, was the last time that she heard from him. After some weeks had elapsed she wrote to her sister in Auckland, asking her to make inquiries. She then came down to Auckland herself, and found that her missing husband had left the hotel and taken a, house along with some women. When she saw the landlord of this particular house the latter said that they had had a jolly time. They left the yard littered with empty beer bottles, smashed the windows, and departed without paying the rent. She could not find any further trace of him, and, upon one occasion when discussing (lie matter with his mother, she (petitioner) suggested that perhaps he was in gaol, but his mother would not hear of this.

Alice Turbiitt, residing with her husband at Reinuera, said that, at her sister's request, she made inquiries about respondent, with the result that she discovered that he had taken a house with a number of other jockey-boys and several women, but when she informed her sister of this she would not hear of it. His Honor granted a decree, nisi, to be made absolute after the expiration of three months; costs against respondent. WIFE AND WIDOW. A WOMAN'S SAD STORY. A middle-aged woman named Janet Dawson, for whom Mi. ,1. R. Heed appeared, petitioned for a divorce from her husband, Duncan Campbell Forbes Dawson, upon the ground of adultery with a widow, whom she (the petitioner) had formerly treated as a friend. The petitioner said that she was married to the respondent upon December 18, 18.6. At that time her husband was a lighthousekeeper in Cook Straits. After residing together in various lighthouses for 16 years they were transferred to the lighthouse at Manukau Heads. This was in June, 1902. At that time Mrs. Stanley was residing at the heads with her husband, she (Mrs. Stanley) being lite postmistress. All were upon the most friendly terms. About August, 1903, Mr. Stanley died, and petitioner, faking compassion upon his widow, did many things for her. Amongst these was her action in getting the respondent to chop wood for her. In November, 19J1, petitioner and Mrs. Stanley purchased a house in their joint names at Prospect Rise, Mount Eden. Petitioner aid her husband went to live there, leaving Mrs. Stanley at the Manukau Heads. At that time she had not the slightest suspicion that there was anything improper going on between (he respondent and Mrs. Stanley. She first heard of it in February, 1905, when her husband informed her that there had been improper conduct. He asked her to let her come and reside, with them, but petitioner objected. Ultimately, however, she consented, but only upon the condition that he would, as he put it. ''cut the painter" after the child was born. Next day petitioner went, to a private hospital, and after staying there for five weeks she returned, being under the impression that the woman by this time was away. She discovered, however, that she was still there. Although petitioner was brought homo upon a stretcher and had been ordered to slay in bed for a month, she could not stay in the- lioine longer than four days, and she left. There 'was one child of tin- marriage, aged 17 years. To His Honor: Petitioner's daughter was not in the house while Mrs. Stanley was there. J

Evidence, was then given as (o the respondent having admitted naternity of Mrs Stanley's child. One witness said that the respondent and Mrs. Stanley were still living together at. Mount Eden. Mr. Reed said that, he intended applying for an order for maintenance, and ho asked His 'Honor's direction as to when this should properly he made. His Honor said he would lei; the matter stand over until Monday, in order to allow Mr. Reed to look up (he matter, and he deferred granting a decree nisi until then. HUSBAND IN GAOL. WIFE GETS A DIVORCE. An attractive-looking young woman named Maude Christian, for whom Mr. ,1. Alexander appeared, petitioned for « decree nisi upon the grounds that her husband had committed the offence of rape upon a little girl, and was at present serving" a sentence of ten years' imprisonment in Mount Eden Gaol. The petitioner said thai; she was married to the respondent in 1899, and lived with him in Auckland until May, 1903, when her husband was arrested and was afterwards sentenced to ten years' imprisonment. There were two children of the marriage, i Evidence as to the offence, which was committed in 1903, was also given. His Honor said that he regretted he could not accept proof of a conviction in a case of that kind, and that it was necessary, under the law, that the offence should he proved: over again. A decree nisi, to bo made absolute after the expiration of three months, was granted. The Court then adjourned until half-past ten on Monday morning.