SYDNEY DIVORCE CASE.

New Zealand Herald, Volume LX, Issue 18563, 22 November 1923, Page 6

SYDNEY DIVORCE CASE.

' ITALIAN CONSUL CITED.

OFFER TO; FIGHT t A , DUEL.

[F»OH OUR OWN COBUESPONDINT.] SYDNEY. Nov. 15. A divorce case that has aroused ■ considerable interest in social arid [commercial circles in < Sydney, ; began last week before Mr. Justice Owen and a jury of 12, when Francesco :^Mich^e^Lubrano, : shipping agent, of Darling Point, petitioner, alleged that his- wife, Mary Magdalene: Lubrano, formerly; O'Byan, had been guilty;i of misconduct wit'i Luigi Buorinsegnl ; Vitalli, Italian Consul in Sydney, and from whom he claimed £5000' damages. .. , \

•■' : The ■'■„' parties were k married// at Concord, Sydney,? in >v July, 1910, ? Mrs. | tkiibrano" being- the daughter -'"' of ,'a i barrister while petitioner's / father was i a merchant. • , Both?, /respondent//.and J co-respondent denied, the charges, and respondent ma de a counter; charge of alleged misconduct against her husband, and also alleged cruelty. Mr. Curtis, who appeared; for , the peti- . tioner, said that the latter had- resided ; in Australia for 20 years, and was a naturalised * British subject. Co-respondent was ; a native of Italy. , The relations between i the parties had com© to such a pass that ; corespondent's wife publicly . slapped respondent's face.' "''• : *'/'

Mrs. Lubrano in . 1922 opened a beauty parlour ;in flats 'at- the top of William Street, where she I employed |a f nursed!; One day the nurse was sent out, and later Vitalli entered through a private entrance, and "remained with Mrs.; Lubrano ; in the parlour /for;. two hours^^,Thoy;. had also gone motoring together.' ■»"..;■ ,; \%' <*■■ Lsibrano,* the petitioner, stated that be had met Vitalli in Fiji in 1906, and in 4921 he'. went to Italy, "faking his wife with him: Co-respondent booked a passsage by the same boat. . After leaving Fre- j mantle he was told . something, and warned Vitalli. / There -was / unpleasantness between all of them. At Port Said lie saw his wife shopping with Vitalli. At Genoa he made friends with . his wife, - and they remained there eight days. Everywhere they went Vitalli went too. .- . J . • When, his ; wife ;'; and *- he returned to Australia they lived under estranged 'coni ditions ; for a time, « bub '? later |he became reconciled ;toy his wife. /Subsequently witness saw Vitalli, 4 and the latter said that if he was not satisfied they could fight a duel, but as that would not Jbe allowed in • Australia, they v could ':' go to New Gale-; donia and fight it. .^. Later his '/wife asked hi'iyi why he did not go and make love to Mrfiv Vitalli, as she was a very good business, woman, and she would /go - and live with; Vitalli. ;. -■ "■■. L;/ ', " ; ■ t $$J>s