MANY DIVORCE CASES.

New Zealand Herald, Volume LXVI, Issue 20420, 23 November 1929, Page 16

MANY DIVORCE CASES.

UNDEFENDED PETITIONS.

[MORE THAN FIFTY GRANTED. PARTIES' LONG SEPARATION. THIRTY-THREE YEARS PERIOD. For many years past, the quarterly accumulation' of undefended divorce cases at the Auckland Supremo Court has been 'dealt with by two Judges, but yesterday the full list was handled by Mr. Justice Smith aloncyy Although about 20 cases were dealt with last week a total of 68 remained for hearing yesterday. A num- / her did not come forward, and when tho . sitting closed at five o'clock His Honor had heard 55 petitions, including some for restitution of' conjugal rights. "The parties have been separated for 33 years," said Sir. Singer, counsel for Mary Jane Eglinton, who petitioned against Robert John Eglinton (Mr. Mc-

Liver). It was stated that the marriage took place in 1891, and the parties separated in 1896. Petitioner said that she bad seen her husband only twice in 33 years. Mr. 'McLiver admitted the position on behalf of the respondent, and His Honor issued a decree nisi, to be made absolute after three months. Meanness and violence on tlis part of

lAlberfc Dent., to whom she was married at Russell in February, 1921, were described by Daisy Josephine Dent (Mr. Matthews). Sho said that on one occasion she was in the Auckland Hospital for five .weeks as a Result of her husband kicking her on the back. Beaten With Mallet-handle. On another occasion her husband broke the head off a croquet mallet and beat her .with the handle, telling her to "clear out of this and do not dare to come back." She had been frightened to go near him again. A. decree nisi, to be made absolute after three months, was granted. A story of drunkenness, failure to maintain, habitual cruelty and misconduct was told by Ryby Isabel Daley (Mr. Matthews), who petitioned against Albert -Edward Daley. The marriage took place in Napier in J 922. There were three children, and petitioner said that sometimes they were all in a state of semistarvation. frhe respondent was a jockey known as Lee- Evidence of the respondent's adultery was given by an independent witness, and a decree nisi, to bo moved absolute after three months, ,was issued, with interim custody of the children to the petitioner. . Married in June, ISO 6, Helen M. D. Franklin (Mr. Matthews), petitioned against William R. } Franklin on the ground of desertion. Petitioner said that the marriage was an unhappy one on account of her husband's drinking habits. There were five children. Proceedings for separation were taken in 1925, but her husband failed to maintain her, and in May, 1926, he disappeared altogether. The police had been unable to execute a .warrant for- his arrest. His Honor issued a. decree r.isi, to be moved absolute after three months, and gave the interim custody of the children to petitioner. A Faithless Husband.

Annie Wilson (Mr. Trimmer), who petitioned for divorce from Edward Wilson (Mr. Sinclair) on the ground of adultery, entered the witness-box with a baby in her arms. The marriage took place in 1920, and there were three children. Petitioner said that last June her hitsband left for lvawakawa, and it was reported: to her that ho had been misconducting himself with a Maori girl. As a result she left home, and had not returned since. Petitioner's evidence having been corroborated by a man in the respondent's employ, His Honor issued a decree nisi io be moved absolute after three months. Interim custody of the children was granted to the mother, tho two older to .be placed in the convent at Whangarei. Stating that in May, 1926, her husband had turned her out of their home in Melbourne, Edith Phyllis McDonald J(Mr. Sdiar), petitioned against Duncan Hector McDonald on the ground of mutual separation. She said that they had a quarrel because he was not providing for her and because of some letters she fdund and disliked. He said that he was closing the home and she must "go back to her peoplo in New Zealand. iTho marriage took place in February, .1921. During the last three years he jhad given her only £l3, although he was ,Trell able to maintain her. Evidence was given to establish that New Zealand was the domicile of the husband and a decreo nisi was granted. Husband's Drunkenness.

.'Coirplainb of habitual drunkenness against Griffith. Jones was made by 'Florrie Clark Jones, of Maungaturoto (Mr. Matthews). The parties were married in 1912 and have four children.

said that for many yoaip past Jier husband bad never been properly ? sober. For ninii years ho went home jmder the influence of liquor practically every night. "I notice that he is described in the marriage certificate as a drainer," remarked His Honor. Petitioner said that when drunk her husband was violent and used bad lan- ■ guage; She left him in August of last year. Petitioner's mother described respondent as an' habitual drunkard, but said •that be had never been convicted of drunkenness as far as she knew. Evidence that respondent was "always "drunk" was given bv two neighbours. "Respondent is particularly fortunate never to have been convicted of drunkenness," said His Honor, "although on the evidence I must hold that ho has been an habitual. drunkard for a period of four years and upwards." A decree nisi to moved absolute after three months jivas granted. "He boosted that if I went to the Central "Hotel, Frankton, I would cet all tho evidence I wanted for a divorce," said Elizabeth Ann Miilelt (Mr. Sullivan), /whose petition against. Mervyn Miilelt. "taxi-driver, was based on adulfnrv. The marriage took place in 1927. After ovi denco had been given by a member of the sfaff of tho Frank (on Hotel, His Honor issued a decree nisi with interim custody of (he child to petitioner, and costs against respondent. " Too Smart For Police."

Thomas T. -Reynolds, against whom fiaroh Reynolds (Mr. Adams) petitioned on the gi;ounds of desertion, claimed in a letter written from Sydney that be was "too smart for the noble boys in Vilue." She said that he disappeared in 3924 after a warrant had been issued for hiX arrest /for assault on a Maori woman and for failure to maintain his wife. It, was after that thai: he wrote to her. The marriago took x placo in April, 1015. !A decree 'nisi was issued. A petitioner who came from England to obtain a divorce was Mary Middlcton (Mr. Matthews). She was married to

ffohn William Middloton (Mr. Singer) in England, in May, 1907, and .they had ' two children. Respondent went to Ausk tralia in 1913, and she believed he had • • teen in New Zealand since 1918. Mr. Singer said that the respondent had living in' New Zealand for at least ' 3.1 years. i/k- A decree nisi was granted, to be made after three months. .decree t nisi was granted to Daphno (Mr. _ Bryce Hart), whose Jrom her husband. aiS 1 .dated from only 10 alter her marriage in May, 1926.

' Failure to comply,".vitK a decreo for tho j restitution of conjugal rights was the ground of the issue of decrees nisi in the following cases:—Stuart. Partridge (Mr, Henry), against Effio Isabel Partridge; William Archibald Murray Harp (Mr. Wallace), against Florence May Harp; Dorothy May Newton Kaspor (Mr. Wallace), against Arnold A. Kaspor; Henry Ernmett Kelly (Mr. Matthews), against Alice R. M. Kelly; Gertrudo Bernico Tarrant (Mr. Schramm), against Cut Illicit E. Tarrant; Fanny Swan (Mr. Schramm), against William F. Swat). Decrees nisi, to be made absolute after ihrco months, were granted to the following on the ground of separation for more than three years .---Reginald Swanwick (Mr. Goulding), against Emma Jane Swanwick; Eliza bell) M. Orr (Mr. Bennett). against Arthur Robert Orr; Irone M. Cooke (Mr. Fraer), against. Albert, A. Cooke; Ralph Fletcher Watkins (Mr. Dickson), against Ellen Ruth Watkins (Mr. Butler); Louisa Marion Jordan (Mr. Allan Moody), against Noah Stevens Jordan: Annie Beosley ("Mr. Sexton), against Claude E. Peesley; Margaret Nolan Wilde (Mr. Dickson), against John Robert Wilde; Mnr'iol Esther Rodgcrs (Mr. Good), against Benjamin B. Rodgers; Doreen M. Kceno (Mr. Finlay), against Arthur H. Kceno; Annie Kealev (Mr. West) against Ralph A. Kealey; -Charles F. Holdsbro (Mr. Singer), against May Goldsbro; Lorraine Moore (Mr. Singer), against Ralph Wraither Moore; Leslie William David Jelfs (Mr. Singer), against Gladys E. Jelfs. , , J Desertion was successfully pleaded _as the ground for divorce in the following caoes:—Dorothy Mitchell (Mr. Schramm), against George Mitchell; Charlotte Isabel Edwards (Mr. Burns), against Edward Edwards; Frederick Smith (Mr. Bierr.acki), against Elizabeth Smith; Agnes Winifred Drinkwater (Mr. ]\lattliows), against Sydney Charles Drinkwater; Ethel Maude Morgan (Mr. Ennor), against Arthur Morgan; and Lucy Emma Walker (Mr. King), against Richard James Walker. Decrees nisi were issued in each case. Decrees nisi were granted to tho following 011 the ground of adultery:— Harold Percival Hedges (Mr. Allan Moody), against Elizabeth E. Hedges and Ah Chuck" (Mr. Tong); William Henry Monklev (Mr. Rudd), against Elizabeth V. Monklev and James O'Keefe. In the last case it was stated that the parlies were married in 1899, and there wero 13 children of tho marriage.