DIVORCE COURT

New Zealand Times, Volume LXXI, Issue 4306, 15 March 1901, Page 6

DIVORCE COURT

A sitting of the Divorce Court xvas held yesterday before Mr Justice Cooper, xvhen five undefended suits were heard. AN EXTRAORDINARY CASE.

Thomas Gadsby, of Whakataki, shearer, petitioned for a dissolution of his marriage with Mary Gadsby, on the ground of her adultery with Charles McCullagh, labourer. Mr Pownall appeared for the petitioner. The petitioner deposed that ho was married to the respondent at the Registrar’s office in Wellington on the 10th February, 1899. She was then a widow, and had three children. For three months they lived at Tonui. They lived very unhappily from a fortnight after the marriage. They kept a hoard-ing-house. The first cause of trouble was that the respondent took in a man named Smith, who told witness he had only half-a-crowu in his pocket. The respondent said she would kedp Smith! there as long as she liked, and she refused to cohabit with witness. Witness was. .working, .at' a distance, and came home once a fortnight. Ho said to. respondent that if they were going to live like that they would bo better apart. She agreed’to that, and witness left her in May. Smith remainded in the house till September. Subsequently the respondent went t‘o Masterton and opened a hoarding-house under her former name of Mary Adams. She refused to recognise witness. McCullagh had beien at the boarding-house for over twelve months. The respondent gave birth to a child in January of this year. Witness had not seen her since he left her. By his Honor: Witness knew the respondent by sight for three years before he married her, and for two months intimately. He offered to get a servant girl to assist her in the hoarding-house when thdy w’ere living together, but shej refused, saying she would have a man.! McCullagh was not the only boarder in the respondent’s house at Masterton. Other witnesses gave evidence, one of theim stating that the respondent was a good wife and mother before she was married to Gadsby, who was of excellent character. His Honor dismissed McCullagh from the suit, saying there was no evidence against him. The case, added his Honor, seemed to be an extraordinary one; it was just on the border line. A decree nisi was granted, to be moved absolute in three months. WIFE AND VARIETY ARTIST. Thomas William Collier, cf Island Bay, wool scourer, petitioned for a dissolution 1 of his marriage with Edith Collier, on the ground of her adultery with William Walden, variety artist. Mr Dalziell appeared for the petitioner. The petitioner deposed that the marriage took place on the Ist Decamber, 1898. Tiro respondent and witness lived together till August last, when she went away. He could ont tell the reason why- she left him. Although he had suspicions as to her conduct, he knew nothing wrong before she left. When he went home from work one day he found a letter from her on his table. In the latter she said She had gone, and that it would he no good for hirh to go after her, because she would not go back to him. Subsequently witness heard that the respondent was in Auckland. He

n'ont there to see whether he could find out anything about her. but was unsuccessful. When he came hack to Wellington he heard she was in Foxton. About three weeks ago he met her in the street in Wellington. She said she bad got her papers all right, and that] she was not going to, defend the case, I because she had not any grounds of defence. She also said she would like the| 3ase to be kept as quiet as poss.oie, and isked witness not to let things come out [ in the papers if he could, help it. As fori their living together again, she said it j vould be no good, because witness would! ‘always be thinking about it.” He had!

lot lived with her siuoe. There were no children of the marriage!. By his Honor: Witness and responIcnt got along very nicely; there was never any quarrel between them. Shei ivas a music teacher. She continued to teach music after they were married, :md she also used to play a good deal at, danoos in her professions! capacity. Witness accompanied her. to most of the lances, and always saw her home. Wit. ness never knew .co-respondent, but believed ho was now with Wirth's Circus. Witness always handed his wages to the respondent. Another witness stated that the respondent and co-respondent'four or five months ago went to Foxton, where the latter introduced the former as his wife. When they left the district, they wero presented with a purse of sovereigns to help them along. A decree nisi was granted, with costs on the lower scale against tho co-respon-1 dent. A WIDOW-SPINSTER. Geucrcux Grouhand, labourer, was granted a decree nisi for the dissolution of his marriage with Emily Ellon Grouhand, and costs on the lower scale were granted against Alexander Tliggiusou, the co-respondent. The parties were married on the 26th March. 1898. The respondent, who then had two children, represented herself as a widow. She was so described in the marriage certificate. She • was, however, a spinster, and: her children were by two different, men. After the marriage the petitioner ,and ' respondent lived together till January, 1899, when she left. There were no children of the marriage. The relations of tho principal parties were not very pleasant, as the respondent used to go to houses of ill-repute. Mr Dalziell appeared for the petitioner. A VISIT TO NAPIER. William Eyre Robertson, of Makuri, near Pahiatua, carpenter, petitioned for a dissolution, of his marriage, with Ann Stella Robertson, on the "round of her adultery with Neville Willoughby, of Wanganui, farmer. Mr Dalziell appeared for the petitioner, who stated 1 that he was married to the respondent in Dunedin, on the 24th August; 1892. They lived at Masterton for a few .months, and then went to Makuri. There were throe children as issue of the marriage. In July, 1900, the respondent left Makuri ostensibly to pay a visit to Napier for the benefit of her health. She lived with tho corespondent at Na.pier, and subsequently ;it Wanganui. A decree nisi was granted, with costs on the highest scale against the corespondent. A HUSBAND IN BRITISH COLUMBIA.

Tho petition of Ada Frances Jane Alitoholl for a dissolution of her marriage with William Gandy Mitchell, cabinetmaker, on tho ground of desertion, and 1 for custody oLtheir child, was heard.

Mr Gray appeared for the petitioner. Tho parties were married by tho Registrar in Wellington on the 18th April, 18S8, and lived together till the 13th July, 1889, when the respondent went ■away. There was one child! as issue of the marriage. The respondent wentto British Columbia to take up land near Vancouver, saying he would scud for the petitioner when she was -stronger. Ho left her no money, and 1 he had not sent her any remittances. For three years tho petitioner wrote, to him by every mail. He sent seventeen letters in reply. The last letter from him was dated August, 1892. Tho petitioner wrote several letters afterwards. In one letter she offered to pay her o\\n passage to Vancouver. Sh© did not hear from the respondent until after proceedings for divorce were instituted. He then wrote from Gambler Island in what, counsel described as a hypocritical strain.

His Honor reserved 1 judgment, saying ho would like to consider whether what had happened was constructive desertion, v The Court was adjourned till 2 p.m. to-dav.