SYDNEY DIVORCE SUIT.

New Zealand Herald, Volume LX, Issue 18565, 24 November 1923, Page 11

SYDNEY DIVORCE SUIT.

VERDICT FOR PETITIONER.

A FARTHING DAMAGES.

COSTS FROM CO-RESPONDENT By Telegraph— Association— Copyright. (Received 12.30 a.m.) A. and N.Z. \ SYDNEY, Not. 23. In the Negozio divorce case, after six hours' retirement, the jury found by a majority of nine to three, that misconduct had been proved and awarded a farthing damages. On the issues raised on behalf of , respondent, alleging cruelty and misconduct by her husband, the jury found unanimously in favour of petitioner. A decree nisi returnable in six months was granted.

The co-respondent was ordered to pay the costs except costs as to the issues of cruelty and adultery alleged, by respondent. Mr. Justice Owen, summing up, said that there was a great mass of the evidence which was clearly not evidence against the co-respondent (Commander Vitali). They had not had evidence of an act of adultery. The evidence of flirtation aboard ship showed no more than went on aboard every ship.

Much had been said about the co-re-spondent's alleged want of courage in not going into the witness box, but his official position had to be considered and his courage or want of it had nothing to do with the case.

The petitioner, Francesco Michele Lubrano di Negozio, of Darling Point, shipping agent, sought a dissolution of his marriage, from his wife, Mary Magdalene Lubrano di Negozio (formerly O'Ryan), against whom lie alleged misconduct with Commander Luigi Bouninsegni Vitali, Italian Consul at Sydney, who was joined as the co-respondent, and from whom £5000 damages were claimed. Mrs. Lubrano alleged misconduct] against her husband with a woman whose name was unknown to her, also cruelty. The hearing of the case lasted 20 days. The counsel were:—For the petitioner, Messrs. W. F. Curtis, and S. V. Toos©; for respondent, -Messrs. W. A. Holman, K.C. (Premier of New South Wales from 1913-20) and S. Betts; for 00-respondent, Messrs. F. S. Boyee and A. Hardwick.