£900 DAMAGES

New Zealand Herald, Volume 79, Issue 24277, 19 May 1942, Page 5

£9OO DAMAGES

divorce granted

mA ,n allegation proved LENGTHY hearing concludes After a retirement of over three and a _half hours last night, the jury found ft verdict for the petitioner and awarded him £9OO damages in the case in which Charles Patrick Belton, sapper with the New Zealand Forces (Mr. jl. Robinson), sought divorce from Joyce Doreen Belton, alleging adultery jcith James Meldrum Scarlett, driver. The petitioner also claimed custody of their two children and £ISOO damages against tha co-respondent Scarlett. The trial, which began last Wednesday, was conducted by Mr. Justice Fair. Mr. G. Skelton appeared for both respondent and co-respondent. Giving evidence for the respondent, Harold James Wooller, father of respondent, said that on visiting the Beltons' home at Gisborne he observed his daughter's dress was meagre and shabby, and petitioner's treatment of the children was callous and unnatural in the extreme. He also noticed signs of drink in petitioner. In 1938, he found conditions between them progressively worse, and respondent's health was bad. There were disputes about lack of money, and petitioner's brutal treatment and his. association with other women. Divorce was mentioned at that time. A Christmas Visit "I spoke to petitioner about his conduct, and told him it would have to be altered, and he promised to do better," said witness. At Christmas, when witness visited them, he found petitioner's conduct bad and signs of drink. Petitioner's conduct culminated in a scene at breakfast on New Year's Day. when he tried to strike respondent. She decided to leave him, and came to AuckIn a lengthy address to the jury, Mr. Skelton submitted that the petitioner's allegations against his wife were entirely fanciful, and that his story was incredible. Mr. RobinSon said the petitioner's evidence had been convincing and conclusive, and he submitted that in the circumstances he was entitled to the full amount of damages claimed. His Honor's Comment His Honor said .the jury were entitled to consider the photograph as strong evidence of misconduct, although they would, of course, weigh the explanations offered. His Honor directed that damages were to be considered on a hard matter-of-fact basis. The jury found that the respondent and the co-respondent had committed adultery, and awarded £9OO damages against the co-respondent. His Honor entered judgment accordingly, and granted the petitioner a decree nisi. He reserved all questions of costs, and certified for three extra days at £lO 10s a day. Mr. Skelton was granted seven days in which to apply for a new trial. In reserving the question of the custody of the children, His Honor said that reasonable access must be given to the father in the meantime.

ROLL OF HONOUR EXPEDITIONARY FORCE FIVE DEATHS REPORTED I P.A.) WELLINGTON, Monday Fire deaths of members of the Second Xew Zealand Expeditionary Force are reported in a casualty list issued tonight The names are as follows: DIED WHILE PRISONER Cocker, Marshall <Cpl.>—Mr. 1. Corker. Farewell Spil (father^. Howe, George Varian —Mr. J. Howe, Palmerston Nortli (father). DIED OF ACCIDENTAL INJURIES Foster, John Timaru —Mr. J. Foster Christchurch (father). PRESUMED DEAD PREVIOUSLY REPORTED MISSING Piercy, Charles Ewen—Mr. E. C. Pierc.v Aria (father) DIED OF SICKNESS Porter, David —Mrs. Y. Porter, Auckland (wife). AIR FORCE LOSSES THREE DEATHS PRESUMED (P.A.) WELLINGTON. Monday The following air casualties are officially reported, all being members of the Royal New Zealand Air Forcti unless otherwise stated: — Johnston, Joseph Allan (Sgt.), previously reported missing; death now officially presumed in October. (Address not stated.) Miller, Keith Campbell Morison (Set.),.of Te Awamatu, previously reported missing; death now officially presumed in August. Waters, David Owen (Pilot-Officer), of Auckland, previously reported missjng; now reclassified missing, believed killed. Dickson. Ge-orpe Russell .(Sgt.), slightly wounded—Mr G. L. Dickson, Riverton (fuLx her); / Mitchell. Herbert Robert (Pilot-Officer), missing on air operations—Mr. W. Mitcnen, Reefton (father) . , T . , . Paterson, Nathaniel (Acting-Flight-Lieut.), R.A.P.. missing on air operations—Mr. H L. Paferson, Dunedin (father).. Sharp. Selwyn Hamilton (Sgt.), missing on air operations—Mrs. J. W. Sharp. Auckland (mother) SOCIAL NEWS Mrs. J. M. Hardcastle, Victoria Avenue, Remuera, left yesterday for Rotorua. Miss Margaret McMullen, of the Post and Telegraph Department. Christchurch, has been appointed supervisor of the telephone exchange at Kaikohe, North Auckland, and will commence her new duties immediately. Mrs. C. E. Grevatt and Miss Roie Grevatt, of Heme Bay, returned yesterday from Wellington, accompanied l>y Miss June Grevatt and Miss Audrey Kelly, of Paritai Drive, who had been visiting Christchurch and Dunedin. ENGAGEMENTS Hartncll—Message.—The engagement is announced between Leading-Aircraftman Mervyn Emerson Hartnell, Royal Ivew Zealand Air Force, eldest son of Mr. and Mrs. A. E. Hartnell, of Henderson, and Margaret (Peggy), "elder daughter of Mrs. M. KMessage, 20 Orakei Road, Remuera, formerly of Wainimbokasi. Fiji. . Henwood—Sanderson,—The engagement is announced between Ronald Gordon, yonngest son of Mr. and Mrs. L. Henwood, Miller Avenue, Paeroa, and Edna Margaret, elder •tau&hter of Mr. and Mrs. W- O. Sanderson. Junction Road, Paeroa- , . Morlce—Scott.—The engagement a"' nonnced between Lieutenant John WiHiarn Morice, eldest son of Mr. and Mrs. G. Monce. "Oatoria. and Stella Maud, youngest daughter <'f the late Mr. and Mrs. W. J. Scott, Opotiki Sale—Jackson.—The engagement is an o minced between Darwin Meredith second son of Mr. and Mrs. G. Sale, 10 Vale Road St. Relier«. and Catherine Wynifred, younger of Mr. and Mrs. E. Jackson 01 St. Hcliers Bay Eoad, St. Heliers, Auckland. Sherman—Hall.—The engagement is an'mancfd between Bombardier Robert Stanley second Ron of Mr. and Mrs. C. riwrinnn. Tnrrett Road, Tauranga and Lydia daughter of Mr. and the late A. D w ft n. of Otorohanga. S'.sihnv—Ward.—The engagement is an['""licr.; between Heinz, only son of Mr. ana Ppi-1 S:ischr.y. of Santiago. Chile, and proline Per!ev. second daughter of Mrs. of I,'. Dilworth Avenue, Auckland, the Jnto .Mr Edwin A. Ward, of London. HAMILTON GYMKHANA <O-C.) HAMILTON, Monday 0 A gymkhana was held at Claudelands on Satnrday in aid of patriotic funds and the Auctioneers, Buyers' and Country popular contest. The results of the horse events were—t, 9p en Jump.—J. Ranstead's London, lj B. fownsend's Beau Hock, 2; I. Keyt* s entry, T % st boy rider: R. Morris, 1; J. Cowan, 2, 1 Taylor. 3. Best school pony: V. Breww. fe# Headway, 2; K. CarririgtoD, 3. Best R- H. Townsmd, 1; E. Morns, 2; J ■ Ljtaham,. 3. Best girl rider: IV 2; B Morris, 3. Best boy rider, race: Mead way, J; J. Cowan, 2, J. H d Musical chairs: B. B-anstead. 1. ® rsaß »i2; J - Vincent, 3- : uW'ting Events.—Ladles' trot: lWlak&ff. Una Worker), Is Belfast Jack (M»teS • 2; Silver Plane (kiss B. Mntth«nv6 . - : handicap, 2m 50s claea: GaU«<H raj *» Mwtter .Lawn, 2; Siisß»on jM tondlap, Sm 5s claee; Auto Prince, I 1 Q »#a Gmtm, aj-mvet Phai>, ®. I