CLAIM FOR £5000

New Zealand Herald, Volume 81, Issue 25051, 15 November 1944, Page 7

CLAIM FOR £SOOO

SOLICITOR SUED

M FOR DEFENCE OPENS 'il»aring of th« claim of Ethel May P Mi Meares, florist, of lauranga, damages against H. Owen for v solicitor, of Tauranga, who t 1 for her was continued before Callan and a jury yesterilrs Meares, who conducted her *' case, alleged that in 1937 Mr 0 v had failed to carry out her 111C°° D ®r„ n , to defend the divorce proves brought against her by her i' l " 6 , The defence, represented by 1 tL'rv claimed that the plaintiff known and approved of all that 11 rlnev had done on her behalf, fe?. Honor summarised the claim by • that Mrs Meares' two complaints #ayinS that she should have been dinner instead of respondent in the f proceedings, and that she should hare been charged with desertion, "continuing under , , fr Henry, the plaintiff said that, t* early in 1938 Mr Cooney told that everything had been settled as f «i«hed she took that to mean that divorce case had been defended and £ she had got 10s weekly main„o She left everything in Mr tenance. Cooney s hands. Direction to Plaintiff g; 3 Honor enjoined the plaintiff, if doU bted the propriety of any of ! Henry's questions, not to get into , argument with him, but to appeal to ' , | onor „ "These questions are for ?to decide," he explained. \fr Henry drew plaintiff's attention ♦n the fact that, after receiving a letter documents from Mr Cooney on > 1938, she appeared to have Sen both on June 4 and June 5 letVlto Jlr Cooney acknowledging the £ and documents. Plaintiff denied it.t the letter of June 4 had been l ed" at a later date for the purnf this case. She said she might Cwritten it and then have failed to lit \ letter to Mr Cooney in Eh She told him it was such a comJ to have one. she could thoroughly °„t was explained by plaintiff as St another piece of flattery." With reference to the letter of June i His Honor explained to the plaintiff that the substantial question was whether she really wrote it on that date «t all or whether she concocted it a U time afterwards and concocted it kdlv bv putting in it things that could Hat have been there it' it had been jritten on JtineM.

"Soft Soap" lor Solicitor Plaintiff admitted that she must lave decided on a complete change of tactics with Mr Cooney between June land 5. She had to "soft soap" Mr fnniiev in order to get what she wanted Shim, she said. Plaintiff admitted that one of the things that had been worrying her was that her husband might claim some ol her property, because it was lie who had obtained the divorce. His Honor assured her that that was quite wrong inlaw, and if anybody had told her so it was nonsense. . The total amount she' had paid Mr Cooney while he was acting for her Toutd be about £ls, said plaintiff. Mr Henry: How many solicitors have you consulted altogether ? Plaintiff: About -10. How many towns did you visit for that purpose?— Hamilton, Wellington, Whangarei, Gisborne, Te Aroha, Aucklud and Tauranga. And all these solicitors refused to take your case? —Yes, more or less. Plaintiff denied that she bad deserted her husband in 1925, taking the two children with her. When her husband told {the farm in 1925 she stayed on dhHil the new people settled in. She fAfliset up a nursery nt Gate Pa. When she saw her husband's financial troufjJes, she did not want him to drag lier down with him. Opening ol Defence Mr Henry, opening the defence, said thatia 1930 the allegation that she had deserted her husband was not seriously contested by Mrs Meares. In October, 1932, there was a definite and clear statement by Mrs Meares that if her husband sought a divorce she would put no obstacle in his way When the divorce case was heard before the Chief Justice in Wanganui, His Honor decided that the appropriate ground for the husband's petition was desertion. Sir Henry explained how solicitors in various centres had come to be concerned in the case, and said that grave allegations made against some of them by plaintiff would be denied by them in evidence. The defendant said he had been in practice as a barrister and solicitor «nce 1918 at Te Puke and Tauranga. He first met the plaintiff in 1932, when she was anxious to preserve maintenance for her children, and to protect ner property from claims by Uer husband. Divorce Negotiations

Witness pointed out to her the difficulties of her getting a divorce on »ccount of having left her husband. He obtained for her evidence that her husband was living in adultery, and when teey discussed divorce she said she was 'poor woman and was very busy, and »ould consider it later. He frequently wised her without charge. When she consulted him in 1937 about divorce proceedings her husband had started he Jold her that if she wanted to be petitioner that would entail a journey by i6 r to Wanganui. and she emphatically *to go. She did not want tho aultery issue raised, and wished the wwce on tho ground of separation if wible. she desired him to get as Mi money ns possible out of Meares, Ii: all these matters were definitely ?to his discretion. He was informed toil" 9 hearing of the divorce case t the Chief Justice had declined to J? Vf on . grounds of separation, ne hearing was adjourned until this Homing.

ORAKEI PLAY AREA ir!i r^6r rc P resG, )tations to the Gov- . ™ e !! t the earlv provision of a M r,? a . rea at Ornkei have been tnhv w '. n K decisions reached at a jt-'j. jesting of residents recently. ,"'net's claims were brought to J" n °t'ce some time ago, when an &mp+ an ?, e was . given that an area to 'ided B ret l n ' rernents would ho prolr»oi^^'c Inefi ting decided to send j. solution to the Minister of Lands, Srpi lnner - Urgiiirr that the playing taj.jii" made available at the earliest w... . moment, particularly in the U« n ji 5 the youth of the comfcrpßa of the armed •tatpd It i rning rom overseas. It was * en s P ()l 'ts a nfl other organfa* rl were represented at the meetthe(ri ? meet| ng expressed thanks to It iu member of Parliament. Mr R. %t h ' (l ff'»rts and the hope Hi el CoTl *i"ue to emphasise districts urgent needs.

HE-TRIAL begins Within, 1111 0t i J U,I "' rt -Lames 0,1 two ',, i i aged 2f> (Mr Dickson), lrheel, , ar B es of theft of motor-car [ively a "i (1 tu,)os . or alternahave k ool ,"*? them knowing them to Mr j ll<s+; 1 stolen, was commenced bv tepreseS,? lairI air jestorday. Mr Cleal ilr°r 10 Crown. The woman ° M , a jur - v on M °ndny Afw ca "ed and accepted. Svine t rr d given evidence untfl tlsh v the lloaiing WaS atl "