THEATRICAL DIVORCE.

New Zealand Herald, Volume LX, Issue 18551, 8 November 1923, Page 11

THEATRICAL DIVORCE.

HUSBAND'S DESERTION:

FOUND WITH ANOTHER WOMAN NELLIE STEWARDS DAUGHTER. [from oto own coiuuespondbnt.] SYDNEY. Not. L A divorce case in which all of the parties are well known in the theatrical world was heard before Mr. Justice Owen on Tuesday.

The petitioner was Annie Lynton, formerly Lenon, and the respondent William Mayne Lynton, an actor. Mrs. Lynton accused her husband of having committed adultery with Nancye Stewart, an actress, well known in Sydney, and a daughter of Nellie Stewart.

The misconduct alleged was said to have taken place between January, 1922. and January, 1923, at various places in Sydney, and during the month of January, 1923, at " Finchley," Cranbrook Road, Rose Bay.

The respondent is a member of the Gertrude Elliott (Lady Forbes-Robertson) Dramatic Company, now appearing at the Criterion Theatre. He is at present playing John Brown in " Bluebeard Eighth Wife." The parties were married in London on July 2, 1912. The petitioner's stage name is Annie Hughes, and she is now appearing in Oscar Asche's production of " Iris," at the Theatre Royal, in which she plays the part of Aunt Fanny. Petitioner said her stage name was Annie Hughes. His Honor: I can't have stage names, I only want your baptismal name. Petitioner: I was married before, your Honor. When I married Mr. Lynton I had divorced my first husband. His name was Fitzmaurice. My full Christian name is Annie.

In 1921, said Mrs. Lynton, she was in New York, and her husband suggested that she should go back and sell out her home, and return and settle in New York.

" I went to England for the purpose," said petitioner, " but could not sell out immediately, and had to remain there for 12 months. While there I heard something about my husband, and wrote to him about it. He did not satisfy my curiosity. " In ii) 66 I heard that he was going to Australia to play in ' The Bat.' " Ha has played in other pieces here, and is now appearing in "Bluebeard's eighth Wife ' " " My husband during the war was attached" to the staff of the British Embassy in America," said Mrs. Lynton. Petitioner said she came out to Australia, after going to New York, and arrived in Sydney at the beginning of last January. " . A Visit to Rose Bay.

"As a result of what I was told, I employed Mr. Jackson, a private detective, and. with him, I went to a cottage called ' Finchley,' Rose Bay. The windows were wide open. Mr. Jackson went inside. 1 followed. I saw my husband sitting in an armchair. He was wearing a dressing gown. Miss _ Nancye Stewart was there, too, in her night at tire. They were both smoking and drinking. " I knew Miss Stewart, as my husband had introduced me to her in America. " I said to her. ' You are not Mrs. Mayne Lynton. Yon are Miss Nancye Stewart. You are living here with my husband.' " Misa Stewart did not reply. Mr. Jackson then said, ' Are you Miss Nancye Stewart?' She replied, ' Yes.' He then said to my husband, ' Are you living here as man and wife?' He said, *Yes. We are quite open about it. There is the bed.''

" Mr. Jackson then said, ' Your wife is suing for a divorce.' Mr. Lynton replied, ' All right. Go ahead.' We then left." John Jackson, private inquiry agent, said he went with Mrs. Lynton to tthe cottage, " Finchley,"* and there saw the respondent and Miss Nancye Stewart. " I entered the room first," said witness, "and said to Miss Stewart, 'Are you Mrs. Mayne Lynton ?' She replied, ' Yes.' Mrs. Lynton then entered the room, and! said, 'You are not Mrs. Mayne Lynton. You are Miss Nancye Stewart.' Neither of them made any reply to that. "There was a decanter of whiskvon the table, and they were both drinking and smoking.. Miss Stewart was in her nightdress, and she asked to be excused while she put on a dressing gown." His Honor said there was no evidence as to the respondent's domicile. He allowed the case to stand over for the production of the necessary evidence in that respect. " With regard to the other issues," said His Honor, "I am prepared to find them proved." Respondent's Domicile.

After the luncheon adjournment, Mr. Gordell, wlio appeared for petitioner, called Ronald McGregor Duncan, solicitor, in the employ of Mr. D. R. Hall, solicitor. Mr. Duncan said that in February he called on Mr. Mayne Lynton, who was introduced by Mr. Boxall, solicitor. " I asked him," said witness, " if he intended to remain here permanently. He said, ' Yes, I intend to settle here and make Sydney my headquarters.' " Witness said Mr. Lynton told him one of his theatrical contracts had expired, or was just expiring, and he was making arrangements to enter into another. His Honor: I think the evidence as to domicile is weak, but -I find it sufficient. I therefore find domicile proved, and grant a decree nisi, returnable in six months. Respondent is to pay the costs. Mr. Cordell informed His Honor that the matter of the payment of alimony pendente lite by Mr.- Lynton _to Mrs. Lynton had been arranged out of Court. Mrs. Lynton, the petitioner, is a comely little woman, free from affectation, and of a genial, friendly disposition. She appeared in Court plainly dressed, and without any of those little personal adornments so dear to the feminine heart. She has had a long and distinguished career on the stage in England, and was the original Little Lord Fauntleroy in the play of that name.