DIVORCE ACTION

New Zealand Herald, Volume LXX, Issue 21640, 4 November 1933, Page 14

DIVORCE ACTION

ALLEGATION OF MISCONDUCT VISIT TO THE SEASIDE Allegations of misconduct were made by Amy Crosby.(Mr. Sullivan) against her husband, James Oswald Crosby (Mr. MacKay), in an action for divorce heard in the Supreme Court yesterday before Mr. Justice Herdman and a jury. The name of the woman with whom the misconduct was alleged to liavo been committed was ordered to be suppressed. Petitioner in evidence said she was married in 1910, but had been living apart from her husband, under a separation agreement, since 1931. On July 3 petitioner received information that her husband and the woman had gone to a bach at Pi ha. Accordingly she went to Piha in a taxi-cab that night, accompanied by a private detective. They arrived at Piha shortly after midnight and searched for the * bach, eventually finding it at about seven o'clock in the morning. She then described what alio saw at the bach.

Petitioner said the private detective knocked at the door and respondent said, "My God! She's caught me." When taxed with misconduct, respondent said: "You know what to do about it."

Corroborative evidence was given by the private detective and the taxidriver.

The petitioner's daughters, who had been living with respondent, described visits paid to their home by the woman referred to. They said their father appeared to be on intimate terms with her.

Respondent in evidence denied misconduct. Mrs. Dawn Denn said she had arranged the party at Piha on the night in question. No misconduct had taken place. Percy Twiston Davies, who, with his wife, was also in the party at Piha, gave corroborative evidence. The hearing was adjourned until Monday morning.