DEFENDED DIVORCE.

New Zealand Herald, Volume LX, Issue 18332, 23 February 1923, Page 9

DEFENDED DIVORCE.

BEQUEL. TO LAUNCH PARTY. ALLEGATIONS AGAINST WIFE ACTION FOR DAMAGES DROPPED. Allegations of misconduct board a launch in Auckland Harbour were made in a defended divorce suit which came before Mr. Justice Herdman and a jury in the Supreme Court yesterday. John Ross Barclay, an importer, Auckland (Mr. Johnstone) petitioned for divorce from Jean Emily Barclay, John Patterson, farmer, of Auckland, being cited 'as corespondent. Mr. Singer appeared for respondent and co-respondent, who denied the allegations. '■••' . .' Counsel for petitioner said the parties were married in August, 1914, at St.: Andrew's Church, Auckland. There were disputes between the parties, and in February, 1920, they agreed to separate. Respondent went to live with her parents in Dunedin, but came back to Auckland last December, and then saw the two elder children. About this time petitioner had reason to be suspicious in regard to his wife, and he took steps to have her watched. The arrangement was that a-woman should live at the same hotel as respondent, while another woman went there for her meals. These two women made Mrs. Barclay's acquaintance and not long afterwards .they were invited to form a party one evening. . Chased by 00-Respondent. . ' Respondent and co-respondent were at the launch party, which in all comprised six people. The launch was moored at Ponsonby. The six paired off, respondent and co-respondent being left alone in the main cabin. Petitioner with a private detective meantime went to the wharf, and when the lights went out in the main cabin, the private detective removed his ; boots, boarded the launch, , and, it was alleged, found respondent and co-respondent in a compromising position. At once the co-respondent, continued counsel, seemed to lose his head. He rushed out of the launch . and chased petitioner and the " private detective to the head of the wharf, calling out, "I will murder you." At the end of the wharf the private detective turned round and said to co-respondent, "You are caught now." Co-respondent returned to the launch in a great state of excitement, I saying, "We are caught." To that, Mrs. Barclay was alleged to have replied, "It does not matter. John; kiss me." After that the launch party set the gramaphone going. / It was intimated by counsel that a claim for £1000 damages against co- ' respondent would not be proceeded with, and that a cross-petition by Mrs. Barclay : would be dropped. I Harried Alter Week's Engagement. ' Petitioner gave evidence on the lines indicated by counsel. In cross-examina-tion he said he had only been engaged to respondent one week. , It was in 1916 that real unhappiness between him and his wife started, and there bad been practically no affection since then. He admitted having borrowed money from his father-in-law. '.' After a long cross-examination in regard to his financial dealings, His Honor asked: What have all these financial transactions between the man and his father-in-law to do with f the case ? What we want to know is what happened on the launch. Petitioner stated that at one period he had to telephone for . a doctor to see his wife. She would not take her meals, and tried to make herself as ill as possible. His Honor: She was hunger-striking. The two women who had been engaged to watch respondent gave evidence. A young man who was,on board the launch said that when Patterson returned from i the wharf he said, "Give me a gun and I' will blaze my ■■■ way, up the hill. In places where I've been I've ''. seen ; .■ men killed for less than that." ; The ■ further < ; hearing was * adjourned. v. ' ————«-—-ss '*