NEW TRIAL ORDERED.

New Zealand Herald, Volume LXVIII, Issue 20823, 16 March 1931, Page 11

NEW TRIAL ORDERED.

PETITION FOR DIVORCE

COMMENT BY THE JUDGE

[BY TELEGRAPH. —OWN CORRESPONDENT. J NEW PLYMOUTH, Saturday.

A new trial, on the ground that the jury's verdict at the original trial was against the weight of evidence, has been ordered by Mr. Justice Adams in a reserved judgment on a motion to set aside a decree nisi, and for another hearing of the divorce pet?„ion brought by Harold Neaves Austin against Violet Eliza Austin, William James Newell being cited as corespondent. The petition was heard at New Plymouth before a jury on February 18, when a verdict was given for petitioner. The co-responderit then moved for a new trial, on the ground that the verdict was against the weight of evidence.

"At the trial," said His Honor, "I was dissatisfied with the verdict and upon hearing argument of counsel on tho motion and after careful reconsideration of the evidence my original view is confirmed." The case was happily exceptional, lie said, but in view of the conclusion at which he hail arrived and in accordance with the practice explained by Lord Halsbury, he refrained from comment on the evidence. He was of opinion, however, that the jury had acted unreasonably and that it had not founded the verdict upon the evidence, having in view tho real question io be decided. The verdict was one that the jury, viewing the whole evidence properly, could not reasonably find.