DIVORCE COURT

New Zealand Times, Volume L, Issue 11522, 18 May 1923, Page 9

DIVORCE COURT

DENTON V. DENTON CO-RESPONDENTS’ CASES CONCLUDED. DENIAL OF MISCONDUCT. Further evidence in the Denton divorce case was heal'd on behalf of the respondent and the co-respondents b.v Mr Justice Hosking and a jury of twelve at tho Supreme Court yesterday. The petitioner, John Ernest Denton, a marine engineer, sought dissolution of his marriage with Edith Denton, on the ground of her alleged misconduct with Benjamin Francis Carrington and Herbert Montague Rosenberg, against whom as eo-respondents tho sum of £SOO each was claimed as damages. Mr O. C. Mazengarb appeared for the petitioner; Air H. F. O’Leary for the respondent; Air D. M. Findlay for the co-respondent Carrington; and Air W. Perry foi the co-respondent Rosenberg. BEGINNING OF NEGOTIATIONS. George Herbert. Aloir, solicitor, stated that be had acted for Airs Denton in certain negotiations with her husband. The first day he saw her was November 2nd, 1922. He had suggested that the parties might be reconciled. He, read certain portions of the letters —one including a poem. Witness remembered a certain passage in the letters, “Be a good little girl till I borne back.’’ He pursued the plan o£ reconciliation, and next day, November 3rd, both Air and Mrs Denton attended at his office and announced that they had come together again, and Air Denton thanked him for his services. Witness 1 advised Airs Denton to get possession of the letters. On November 21st she showed him cerifaliY letters which had been handed back. Some of the letters he had previously seen were not amongst this bundle. Divorce had been discussed at the meeting with the parties. Air Alazengarb had intimated that it was impossible to have a reconciliation, as they had sufficient grounds for divorce. The inference might have been taken from Ihe correspondence. Rosenberg’s name did not come up at ail then. To Air Mazengarb: There was nothing in tho letters that suggested misconduct, except tho phrase already mentioned. His Honour: The fact that she received a number of letters without protest would give suspicion. The witness agreed that some might call the poem just foolishness. It was quite possible he toTfT Air Denton that there was nothing in the letters. He had told Air Denton he had acted honourably in the matter. The respondent, Edyth Denton, wa6 recalled in reference to certain photographs. Joseph Solway, licensee of the New Zealander Hotel, deposed as to Airs Denton’s good behaviour during the time she had Stayed at the hotel. This concluded the evidence for the respondent. CO-RESPONDENTS’ CASES DID DENTON CONDONE? Mr Findlay then opened, the raso for tlio co-respondent Carrington. In regard to condonation, the position was that the court could t ike notice of condonation whether pleaded or not. His Honour: “If condonation is found, the case must he dismissed both against respondent and co-respondent in that respect.’’ Air Findlay then submitted that full cohabitation and a complete reinstatement of their conjugal relations took place after Novembe/ 3rd. On November lfith there was evidence to show that Denton believed h ; s wife was guilty. His Honour said he would put the issue to tho jury that if misconduct had taken place after the reconciliation took place with tho other co-res-pondent, then the case for condonation must go by the board against Carrington also. The point of argument on this could be reserved. “I am,” said His Honour, “goinv to tell the jury that if the condonation was broken by any matrimonial oflence, the condonation is at an end.” CARRINGTON IN THE BOX Air Findlay called the co-respondent, Benjamin Edward Carrington, who said that he had been in the submarine service during the war, and came out to join the New Zealand service after the Armistice. H© was on bath the Hinemoa and Tutanekai. The latter ship he joined in February, 1922. The Tutanekai did not berth at Clyde quay after August, 1921, but always at the Ferry Wharf. During September and October in 1921 he was not aboard tlio Tutanekai. He did not seo Airs Denton on the Tutanekai between September Ist, 1921, and July, 1922. He never saw her on tho Hinemoa. He first met Airs Denton about Afav or June, 1921, at his house in Tirangi road. She asked him if she could look after the house about August of that year, and he agreed and left the koy with her. Airs Denton looked after some furniture for him. He met Air Denton through an officer of the Tutanekai, who was staying at the Dentons at. Home. He had not been in Dentons’ house more than fifteen times in his life. He had never stayed a night there. He never went to tho Dentons without having friends with him. He had called Airs Denton “Pat” in her own house in front of her husband. He would swear that he never committed adultery with Airs Denton. He did not deny writing the letter produced. Both Air ond Airs Denton had called him “Ben.” He had stayed in his house in Tirangi. load when it was vacant. Air Denton had assisted him to cut

the lawn. He called for the key on October 316 t, about 7.30 in the morning. He had stayed at his own house that night. Mr Denton came to the door in a high temper. AVitness asked him what was the matter. Denton said, “Well, if you don’t know, you ought to know.” Denton refused to explain and told him to get out. Witness went to sea that day, and received a letter from Denton at Westport. He had destroyed the letter. The letter said: “If you value your life and limb, never come near my ! house or wife again.” I 'Bo Air Alazengarib: The inners [ brought down to the Tutanekai were i not for him alone. When he bought the house he was engaged to be married, but the engagement was broken j off about nine months ago. Witness j reiterated that the allegations made by witnesses for the petitioners were untrue. George Conway, ship’s officer, deposed to visiting the Dentons with Carrington twice, nut Mr Dentcn was r.ot there. Oarrington came back with him to the ship at night. This concluded the case for the corespondent Carrington. ROSENBERG’S DEFENCE THE AIASTERTON TRIP. On behalf of Rosenberg, Air Perry submitted to the jury that the petitioner must prove his allegations beyond a reasonable doubt before the decree could be granted. Air Perry said that Rosenberg, in August or September last year, when Air Denton was in hospital, went on three occasions with Airs Denton to the hospital. On throe occasions Mrs Denton had been to Rosenberg's shop purely on business. His • relations with her were simply those of a man with a casual acquaintance. Rosenberg would deny alt allegations of adultery or impropriety. , At this stage the court adjourned, and on resumption Air Perry called Alia Williams, an employee at the Empire Hotel at Alasterton. She said that when tho party arrived at Alasterton Mr Rosenberg asked: “Could we have n room?” She made the entry “AH and Airs Rosenberg,” as she knew tho lady was not Air Barnard’s wife. Later on fi'ie was. informed by Aliss Chisholm, daughter of the proprietress, that- Air Barnard’s friends were not staying, and so she erased the entry. Alavis Chisholm, daughter of tho Sroprietress, said that she had known Ir Barnard for about 6even years. Tho visitors were charged for three meals only, and after Air Rosenberg bad paid they went out. She then told Aliss Williams that the people had gone. None of them had stayed at tho hotel that night. BARNARD’S EVIDENCE. James Barnard, a fanner of Alastctton, said that he had been married for seven years, and had two children. Ho was a nephew of Rosenberg’s, and had met Mrs, Denton for the first time early in December of last year. On the day in question he asked her if she would like to go to Alasterton as he was going over on business, and would be back the same night. Accordingly they left after lunch. He drove the car, and 1 Airs Denton sat on the front seat with him, while Rosenberg sat in the back. His Honour: Had they any luggage? • —No, just their coats. His Honour: You had none either? ■—No. Continuing, witness said that when they arrived they inspected a bee farm together and they went to the Soldiers’ Club, where he wished to do some business on the ’phone. “I thought it was a good opportunity to show them the Alasterton Club, as it is very fine and better than the one in Wellington,” said witness. Air Perry: Yet, it is. Mr Barnard: it has one of the finest collection of stags' heads in the world. From there they went to the Empire Hotel for dinner. After they had dinner ho suggested to Rosenberg that the latter should “square up.” and after this hail been done they left for Wellington. At Carterton they dropped Rosenberg, and then Airs Denton and himself continued on to town. Air Alazengarb: When you first met Airs Denton in December who introduced youP—Mr Rosenborg. Air Alazengarb: Where?—ln Alaiv nera street. Where thev walking together P—Yes. What time of the day?—After three o’clock in tlio afternoon. Did you meet again after that? —Yes, a fow days later in the street. Have vou ever been at her house?— No. Did you know she was married ?—■ No. ROSENBERG’S VERSION. Herbert Montague Rosenberg stated that lie had been carrying on business as an importing jeweller for about 18 to 20 years. Air Perry: Did you know Air Denton ?—No, not until these proceedings. Air Perry: When did you meet Mrs Denton?—Some time about the middle of August of la,'t year. Who introduced you?—Air Ironside. Where?—At Courtenay place. Who was there?—Air Ironside, a friend, and Mrs Duncan. Did you fco Ironside after that?—l

saw him going backward and forward on the street. His Honour: Is Ironside a married man?—l don’t know; I thought he was a single man. His Honour: What does he do?—He is a chemist’s assistant. AHSSING WITNESS. Air Perry: Where is he now ?—I don’t know; I have been trying to find him. Mr Perry: Did you ever go to Tirangi road? —Yes. Air Ironside asked me to go for dinner. How many times did you go with Air Ironside?—On three occasions. You are a member of the Working Alen's Club? —Yes. A'ou often go there?—Yes, I rarely miss a night. Indeed I can’t remember haring missed a night. You have been there every night except this week?—Yes. (Laughter.) CHESS ENTHUSIAST. You are a great chess enthusiast? — Yes. Play in tournaments? —Y'es. Coach the young players?—Yes. Do you deny that you were seen by Mrs Jenkins at Air Denton’s house in June?—Yes. His Honour: If you were not introduced until August youi could not have been there?—That is so. Air Perry : That is our point. Air Perry: Do you deny Jenkins’s statements that he saw you in Airs Denton’s bedroom? —Y'es. Did you ever stay a night at Denton’s house? —No. Witness also denied the statements that he had been seen in the scullery one morning making tea. and further denied the statement made by Jenkins that he had slept with Mrs Denton. Air Perry: Did you ever write letters to Airs Denton? —Never. Has she ever written to you?—No. Has Mrs Denton ever gone to your premises?—Y’es, once to get the glass of her watch fixed, and on another occasion with a broken baugle. Some time in January Airs Renton came to your office with a cheque?— Yes, she said she had no money, and that the banks were closed. I don’t like changing cheques, but as it was one from the City Council I thought it was quite safe. Did you take, her to the pictures?— Yes, three times in February. Did Airs Denton ever go to your place at- night?—Never. Witness corroborated Bernard’s evidence as to the Alasterton trip, and said’ that he stayed at the Club Hotel in Carterton for tho night, and then came on to Wellington nest morning by the first train. AIISCONDUCT DENIED. Mr Perry: Have you ever at any time or place committed adultery with I Mrs Denton?—No. Air Alazengarb: Air Ircnside has disappeared ?—Yes. Have you searched for him?—Yes. And for Airs Duncan?—Y*e=. All the time you were at Denton's home were Alls Duncan and lionside there ?—Y’es. Why didn’t you take Airs Denton home from the pictures? Air Perry: If he had done so you would have asked him why he did that. Witness: I didn't want to compromise the lady. THE FROSTED WINDOW. Air Alazengarb: Now I want you to pay particular attention to this question. Did you arrange for someone to view the window at Denton’s house ?—- No. You do not know if anyone has been sent on your behalf? —No. Don’t you think it was indecent for you to be as?ociating with a married woman ?—Not whe’n ether people were there. You divoroed your wife? —Y’es, about twelve years ago. For misconducting herself? —Yes. Just before that your wife took proceedings against you on the grounds of persistent cruelty?—Those proceedings weTe dropped. You will then understand Mr Denton’s feelings when proceedings were taken against him Air O’Leary: He got an order against him. Air Alazengarb: Not for cruelty. Air O’Leary: It must have been for a matrimonial difference. His Honour: I think we can drop that. Mr Alazengarb: Did you take a suitcase to Alasterton P—No. Any apparel or shaving gear?—No. His Honour: You put up at Carterton for the night without making any provision ?—Yes. ATTENDANCE AT CLUB. James Coulter, a retired civil servant, said that he had been a member of the Working Alen’s Club for nearly twenty years, and knew Rosenberg as another member of the club. Witness went on an average six nights a week, and said that he could not remember a night that Rosenberg had missed for a period of four years. They looked forward to his coming, as he was a chess enthusiast, and used to coach the weaker players. AVitness also went home with him frequently; in fact, he hardly ever missed a night. This closed llie rase for the corespondents. and the court adjourned until 9.30 this morning. when the counsel will addre-s the jury and His HcUlaU.- will tra n>'