SEEKING DIVORCE.

New Zealand Herald, Volume L, Issue 15305, 19 May 1913, Page 5

SEEKING DIVORCE.

PARTIES IN COURT. MANY CASES DEALT WITH. HUSBAND TAKEN TO TASK. Twelve divorce cases were dealt with by His Honor Mr. Justice Edwards, sitting at the Supreme Court on Saturday. Herbert Arthur Derbyshire, of Auckland (Mr. Prendergast), applied for a dissolution of his marriage with Elizabeth Derbyshire. Despondent is living in England. ; The husband stated that he married respondent in 1900, and. lived happily for about three years, but after that he bad had to complain of the late hours his wife was keening. On one occasion ho intercepted a* letter from a frequent visitor to the house. This communication concluded. "I beg to remain, your loving and devoted -."He could get no satisfaction regarding the letter from his wife, and later had had to 'complain of the fact that she was keeping company with a woman of very'doubtful reputation. Ultimately, on October 16, 1905, his wife had left him. His Honor : And when did you leave England for New Zealand ? : Petitioner : In November 1905. _ His Honor : Even giving you the whole of November, it means that you left within six weeks of your wife's departure. ; In other words, you abandoned your' wife and child. Was that the conduct of a husband and father ? I call it desertion on your part, and say that ypu did hot want to be encumbered by your wife and child. Ido not .feel disposed to grant this man a divorce. His Honor added : "Let him go it England and get his divorce. I will not refuse it, but I certainly will not grant it just now."

A HUSBAND'S DISCOVERY.

DECRE NISI GRANTED.

Infidelity formed the ground of an application bv Thomas Frederick Fletcher, carter, of Auckland (Mr. W. E. Hackett), for a dissolution of his marriage with Esther Fletcher. John Waldon was cited as co-respondent. ~.....-■' ' , ' • ■ In evidence it was stated that the marriage took place in 1910, and that one child, which had since died, had been the issue, of the union. Petitioner had had suspicions about his wife, who, he said, had been undulv familiar with male neighbours. One day unon returning to his home he found "the blinds down and the front door locked. He had made an entrance by the back door, however, and in the bedroom had discovered his wife and John Waldon. : '.','" ;';•'.;•: Agnes Fletcher, petitioner aunt, corroborated the statements of petitioner. | A decree nisi, to be made absolute; in : three months, was granted.

A WOMAN'S PLEA.

"KEPT WITHOUT MONEY."

Lack of money and the fact that her husband drank "to excess were factors alleged to have made the life of Lydia Mabel Torbett (Mr. McGregor) unhappy. In asking for a dissolution of her marriage ! with Francis George Torbett, on the ■ ground of desertion, she stated that the lack of monev had been felt soon after their marriage* in 1899. They had lived for two weeks in. furnished rooms, but then had been compelled to live with . petitioner's parents for two years. Subsequently they had lived in cottages on her fathers property, and in 1906 respondent had frequently" absented himself from home. From about the end of 1906 he had failed to contribute in any way towards her support, and had left her to herself. The father of petitioner testified that her story was correct. His Honor granted a decree nisi, to be ; made absolute in three months.

AN UNFAITHFUL WIFE.

ADMITS HER GUILT.

Infidelity on the part of his wife wltn Edwin P.. Mosen was alleged by George Powell (Mr. Prendergast) in asking for a divorce from Lizzie Powell. Petitioner stated that his home was at Raetihi, 'and added that Mosen had lived in the same district for the past seven years. Co-respondent had lived in awharo just behind netitioner's house, and had been in the habit of having his meals with the Powells. Petitioner was frequently away from home, and some little while before last Christmas he had become suspicious about his wife and Mosen. One morning he had found the pair embracing in the kitchen, but Mosen disappeared hastily before anything could be said to him. Three days later petitioner's wife disappeared. ■ and subsequently he secured a letter written to resnondent by her sister. It stated that the sister would be able to put respondent up, but, unfortunately, had no room for co-respondent. Respondent had admitted, at a later date, having lived with Mosen. ' A. decree nisi, to bo made absolute in i three montlis, was granted.

DESERTED BY HUSBAND.

ANOTHER WOMAN IN THE CASE.. Edith Victoria MacKinnon (Mr. Wyman) arjplied for a divorce from Frank MacKinnon, the reason put forward being the misconduct of her husband. :>■■ '" Petitioner stated that she married MacKinnon in 1904, and added that only one of three children was now alive. :_ In December, 1908. she had visited friends in Auckland and Waihi, and while in Waihi received a letter from her husband, returning to the home in Napier in consequence. Respondent then confessed that he had been unfaithful, and intended to stand by the other woman in the case. He offered to contribute 25s a week towards the maintenance of his wife and child—an offer that was accepted—but he had not kept to his promise. Respondent had never offered to set up another home. Evidence as to respondent's conduct with other women was given by , Hugh MacKinnon. j .-; A decree nisi was granted.

NOT SUFFICIENT EVIDENCE.

A CASE ADJOURNED.

The case in which William Bov/den Stephens, formerly of Mount Rex, near Dargaville (Mr. McVeagh and Mr. Field), applied for a. divorce from Elizabeth Ann Stephens on the ground of her alleged misconduct with Benjamin Emrys Williams, who was cited as co-respondent, was continued. His Honor remarked that there was not sufficient evidence before the Court ; to warrant him in granting the application, and therefore adjourned the case to enable petitioner to call further evidence.

SOLD, ALL THE FURNITURE,'

WIFE DESERTER'S ACT. i ■ Henry Isaac William Hurle id not appear to defend th© application of Edith Maud Hurle (Mr. Coates) for a divorce, on the ground of desertion. The couple, according to the evidence, were married in 1886, and had nine children, eight of whom were alive. They had taken un their residence in New Plymouth in 1902," and since that > time had not got on. with one another at ; all well. • Petitioner had been struck frequently, and in 1904 respondent had advertised that he would-not, in future,- be responsible for

any debts, incurred by his wife. He had then sold ■up the ■ whole of '■■, the furniture, leaving petitioner Efnd the childrren with-* out a stick. The last petitioner, had heard of her husband at that \ time was on the night of the sale, "when he attended the theatre, from which time he had taken not the 'slightest interest in his wife and children. She had managed, however, to secure a maintenance order in respect to three of the children. ;: v ■

A decree nisi was granted.

WENT TO SYDNEY.

NOT YET RETURNED. An application for a divorce from Michael Briggs was mad© by Josephine Chapman Briggs, boardinghouse-keeper, of Auckland (Mr. Singer). Petitioner's evidence was that «he married Briggs in 1887, and that shj had had three children. In 1896 her hasband got into financial difficulties,' and left her to secure work in Sydney. Sin-ie then she had seen nothing of him, had. received no money from him, and in reply to her letters had been told that he could not make a home for her. •..-..- Isabella Price, a friend of petitioner, stated that she had never seen Briggs in her life, although she had. known 'Mrs. Briggs for nine years. ;.' \ '. His Honor granted a decree nisi, to be' made absolute in three months:

LEFT DESTITUTE.

WIFE'S PLEA GRANTED. ;;;; A divorce from her' husband, Robert John Shiels, was sought by Annie Shiels (Mr. Singer), on the ground of desertion. The husband, according to . petitioner, had been drunk right from the time of the marriage in January, 1904. He : had left her eventually, she said, and had made no provision for , the maintenance of herself or two children. :,

A decree nisi, to be made absolute at the expiration of three months, was granted. -' <

MISCELLANEOUS.

THREE FURTHER DECREES. A divorce was applied for by Thomas Phillips (Mr. Endean). who alleged that his wife, Sarah Ruth Phillips, had deserted him. ~,,.•, The petitioner stated that he had lived mainly in the Manawatu district. In July, 1901, his wife had left him suddenly, taking a child with her, and absolutely refused to return to him. He had seen'her about 18 months after the desertion, but she gave him the same answer. Corroborative evidence was given by Fred Penman, of Palmerston North. A decree nisi, to be mad© absolute at the expiration of three months, was granted. - ' ' A divorce was desired by Mary Ann Burrows (Mr. Prendergast), who alleged that her husband had deserted her. . Petitioner stated that her married life | had not been happy, as Burrows had neglected her and had carried on with other women. Further, he had given her only half-a-crown a week, so that she had had to work for herself and to take money from her mother. Her husband had taken proceedings for divorce in 1907, but the plea had been dismissed. Ultimately Burrows had left her. . •" ..■/•... A decree nisi, to be made absolute in three months, was granted.; .; Publication of :• the evidence in connection with an application for a divorce from Thomas Aitken, made by Mary Evelyn Aitken (Mr. Singer), on the grounds of misconduct, was forbidden. v.His Honor granted a decree nisi, to be made absolute in three months.

t TRACING A DESERTER.

ALLEGED HELPER ARRESTED;

NAVAL UNIFORM FOUND."

SEQUEL TO WARSHIP'S VISIT. '. ■■■■■■■■'■' "' ■'' ■■.'•: " -■'■ -.'.'.

When H.M.S. New; Zealand left Auckland was discovered that 10 of her crew had deserted. This led to a public warning that any persons discovered in assisting a deserter would prosecuted. About midnight on Friday Constable Gourley, who was acting as a detective, had his attention drawn to a street fight. Bertie Parker, aged 33, was singled out by the detective and taken to a neighbouring second-hand dealer's • shop for the purpose of making inquiries on another matter. When, about to leave the shop, Parker was "asked by the proprietor to take away a dress basket, which he had left.in the shop a few days back. Subsequent investigations by the as to the contents of the basket revealed the fact that it contained, at the bottom of a heap of other clothes, a naval uniform, bearing the name, "E. Davis, H.M.S. New Zealand." i : v [

As a result, Parker appeared in the Police Court on Saturday, before. Mr. E. C. Cutten, S.M. There were two charges laid against him; one of having stolen a uniform, the property- of the Imperial Government, and the other of having assisted in the desertion of E. Davis from the • battleship. The accused was remanded until Friday next. '

There was some doubt expressed as to what Act the charges should be ■ laid under, as there is no .New Zealand statute dealing with Royal Naval' matters. The charge will have to be laid under an Imperial Act. The vhereabouts of E. Davis, the deserter, have not as yet been ascer-

tained. A companion of Parker, who was with him when he was arrested, satisfied the detective that he was not the wanted individual.- ' •;■ ', ." '..;'" • -