HEAVY DIVORCE LIST.

New Zealand Herald, Volume LI, Issue 15610, 15 May 1914, Page 5

HEAVY DIVORCE LIST.

MANY PETITIONS HEARD.

DOCTOR SEEKS DIVORCE.

WIFE'S MENTAL ATTITUDE.

Twelve undefended divorce cases were heard by His Honor, Mr. Justice Cooper, at the Supreme Court yesterday.

An application was made by George Gore Gillon, surgeon, of Auckland, for a dissolution of his marriage with Katherine Noveria Gillon.

The case for the petitioner, as stated by his counsel (Mr. R. McVeagh), was that for the past three years there had been actual desertion by respondent, and for two years prior to that, constructive desertion. The marriage took place on February 27, 1906, at Auckland. A two months' stay in Wellington effected no improvement m tho wife's attitude, and petitioner thought a longer change might prove beneficial. He thereupon provided his wife with money and her passage to England, where it was arranged she should stay for a year. Respondent left Auckland in April; 1911, but, instead of going to England, she remained in Melbourne, where she was still residing. Correspondence had passed between them, and petitioner had constantly, up to tho present time, sent respondent a quarterly allowance. He wrote asking her to return to him, but she replied peremptorily refusing to do so. In the course of a letter dated May 27. 1912, respondent acknowledged receipt of a communication from petitioner, in which lie asked her to return. She was. however, quite- unchanged, and could only refuse his request completely. Respondent added that 6he had never regretted the step she had taken. There were many reasons why she Mould not return, but if only the one fact remained, namely, that she did not love petitioner, that would be enough. To live with him under tho circumstances would, the letter concluded, be both revolting and degrading to her. Later, referring to the projected divorce proceedings, she said she was perfectly willing to have things settled as soon as possible. * Evidence was given by the petitioner, who stated in reply to His Honor that he was quite prepared to continue to provide for respondent's maintenance. His Honor said he would make an order to that effect. This was not a case of misconduct. Respondent was not a guilty woman, her conduct being the result, evidently, of her mental attitude. His Honor reserved judgment, pending the production of proof as to the actual date of the marriage.

APPLICATION FROM WAIHI.

CRUELTY AND DESERTION.

Melvena Dwyer, of Waihi dressmaker, for whom Dr. H. Dean Bamford appeared, sought a dissolution of her marriage with Daniel Dwyer, miner, alleging cruelty and desertion! Petitioner's story-was that she was married in Übalong, New South Wales, in July, 1898, and lived in various parts of Australia, subsequently, one child being born. Petitioner came to New Zealand with her husband in 1901, and they went straight to Waihi and established "a home, where she had lived ever since. Respondent stayed with her until March 10, 1905. He was a drunkard, and had always treated her very badly, frequently striking her. His Honor granted a decree nisi, to be moved absolute in three months, - petitioner to have the custody of the child.

MARRIED MAN'S LAPSE.

MISCONDUCT ADMITTED.

• The grounds of the application of Elizabeth Ellen Fussell, of Mangawai, domestic, for the dissolution of her marriage with Arthur James Fusseil, were desertion and misconduct. Mr. Schnauer appeared in support of the application. Petitioner stated that she married respondent at Auckland on February 6, 1901, three children being the issue of the union. Her married life was not happy, respondent often staying away from home for more than one night. In the middle of 1912, he seemed to bo worried about something, and in December of that year he left her and never returned.

Alice McKeuzie, proprietress of a nursing home in Ponsonby, deposed •to the birth of a child there, in June, 1912, the mother being a young girl. Respondent paid all the expenses, and admitted to witness that he was the father, and that he could not marry the girl, as he was already "very much married." Petitioner was granted a decree nisi, to be moved absolute in three months.

BIGAMISTS' FIRST WIFE.

"CRUELTY AND STARVATION;'

Bigamy and admitted misconduct on tho part of John Edward McKee, were the cause of action by His wife, Lilian Elizabeth McKee, who sought to have the marriage dissolved. Mr. Allan Moody (instructed by Mr. Pullen) represented petitioner.

In her evidence the wife said she was married to respondent in October, 1901, at Ponsonby. They lived together for about three years, at the end of which time petitioner left her husband, because of "cruelty and starvation." For over nine years she heard nothing of him. Last year respondent was tried for bigamy in Auckland, and sentenced to 12 months' imprisonment. Petitioner was granted a decree nisi, to be moved to bo made absolute in three months.

FIREMAN ADMITS MISCONDUCT.

WIFE SECURES DECREE NISI.

The cause of an application for dissolution of her marriage by Laurael Elaine Mary McCale (Mr. Baxter) was the misconduct of her husband, William MeCabe, of Auckland, a fireman. Tho parties were married in April, 1912. at Parnell, where they afterwards resided until August, 1913, when respondent, according to petitioner's evidence, admitted misconduct. A month or two later he went away, and she had not- lived with him since. There were no children of the marriage. A decree nisi was granted, to be made absolute in three months. \ TROUBLES OF A CARPENTER. HIS DAUGHTER'S WELFARE. The petition of Thomas Lloyd Mandeno, of Te Awamutu, carpenter, for the dissolution of his marriage with Charlotte Mandeno, was based upon the grounds of wilful desertion. Mr. Pradergast appeared for petitioner. The parties were married at Tauranga on June 10, 1896, afterwards living there, at Paeroa, and at Auckland. There were six children born. In August, 1907, respondent . (who is a half-caste) left petitioner, and' had, he stated, refused to live with him again. William Willis, of Auckland, bootmaker, petitioner's biother-in-law, said he had had several conversations with respondent since she left Mandeno. She had told | witness she never intended to live with petitioner again. His Honor said a letter had been received from the respondent, statements in which required further investigation. It was not desirable that these statements should be made gublie. . , ■ . •' i. _ '

Petitioner, recalled, was asked., by Hid Honor ,what; he proposed to do with his daughter, a girl of 16, now in servico,, - • and for the custody of whom he was apply-; ing. . Petitioner said he wanted to;be in ■-'■•■ a position to provide for any of the girl's ; needs. A decree nisi was granted, to be moved -j: absolute in : three months; Meantime no ' order was made as to tho custody of tha ;•;';■' daughter, petitioner being directed by Hid Honor to leave her in her present employ., ": : A DESERTED FAMILY.: WIFE WOULD NOT RETURN.: f A carpenter named George Boot, of \Vaikino, for whom Mr. Hall Skelton appeared, sought dissolution of his marriage to Florence Maud Boot on tho grounds of misconduct, John Gillespie being joined as co-respondent. The story told by tha petitioner was that he was married to respondent in April, 1905, at Warkworth, residing in tho Kaipara Mats district for some years. Two children were born. In 1910 they were living together happily at Te Hana,' when respondent deserted the children and himself and had refused to return. Later he heard that she was living with tho co-. respondent in Newton. Rachael Fletcher, of 45, Randolph" ; Street, Newton, deposed to having let furnished apartments last November to a couple calling themselves Mr. and Mrs. Gillespie. She identified the latter as the respondent from a photograph. His Honor granted a decree nisi to bd moved absolute in three months. Costs were given against the co-respondent, and petitioner was allowed tho interim can tody of the children. ANOTHER WOMAN'S HUSBAND. CASE OF WIFE DESERTION. Andrew Davidson, stableman, in thai employ of a local firm of carriers, sued for a divorce from his wife, Airedalo Davidson, on the grounds of misconduct, Alexander Henry Millar was named as an respondent. Mr. J. R. Lundon appeared for petitioner. In the course of his evidence peti-> tioner said he was married in January, 1910. Two children had been born. In October, 1914, up to which time he and his wife had lived on good ferms, respondent left him and 'the children. Eventually after inquiries petitioner found respondent at a dairy-farm at Putaruru. She was liung there with co-respondent under the name of Mr. and Mrs. Daw. Millar was a married man. Ho was an employee of the Gas Company, and had got to know respondent through calling at petitioner's house in that capacity. At present respondent was living with her mother in Pnnsonby and co-respondent had crone to Tc Kuiti. A decree nisi was granted, to be moved absolute in three months. Costs were given against co-respondent on the lowest' scale.

Mr. Lundon stated that Millar's wife had applied for a divorce, but had advised him that she had decided to put her husband on three months' probation. Her / application was therefore adjourned till /• next session. «

SOLD UP THE HOME.

A DECISION RESERVED.

In the case Louisa Helen Doran (Mr., Lundon) v. Archibald _ Doran, the petitioner applied for a dissolution of marriage on the grounds of her husband's misconduct and desertion. Petitioner said she married respondent! , in 1902, in Wellington. They lived in * Greymouth, and afterwards in Wellington. In January,. 1904, respondent sold everything in their home and went away.: He had never lived with her since. Evidence as to misconduct on the part of respondent was gncn by Senior-Seri geant Rutledge. " Decision was reserved to allow of com» sel satisfying His Honor that respondent! consented' to the case beinsr heard in Auckland, the latter's domicile being uncertain. ,

PROOF OF SERVICE WANTED.

ANOTHER WIFE DESERTED.

Evidence was taken in the case in which! Mary Foote sought divorce from Rupert Sydney Foote because of his desertion 1 of her. Mr: Ziraan appeared for the petitioner. , The parties were married m February, 1906, at the registrar's office, Auckland. They lived together until August, 1908, when, petitioner deposed, the respondent left her, ostensibly to find work. When he went she was left with two _ shillings. Her sister kept her for a fortnight, and ever since she had been earning her own livelihood. . . Decision was reserved, pending the tiling of an affidavit of service on respondent.

DRINK AND DESERTION.

A COROMANDEL CASE.

Dissolution of her marriage with John Lvnch, of Coromandel, was petitioned foB bv Ellen Lynch on the grounds of desertion Mr. 'Allan Moody (instructed by Mr. Pollen) appeared in support of tho application. . , , , , Petitioner said that both she and her bust and were born in Coromandel. They were married there in September, 1907 Respondent used to drink a good deal, and five vears ago he left her. Since then respondent had been living on her own earnings, being overseer in an Auckland factory. She 'kept her husband for three years before he left her. , y A decree nisi was granted, to be madd absolute in three months.