SUPREME COURT

Otago Daily Times, Issue 16240, 25 November 1914, Page 11

SUPREME COURT

DIVORCE PROCEEDINGS. TKIJTPEB V. TBINDER.

His Honor Mr Justice Sim had before him yesterday morning tho ease of Trindcr t. Trinder, in which Charles Timothy Trintler, cab proprietor, petitioned for a dissolution of his marriage with Johanna Trinder; Albert Louis Ayers, labourer, being linked as co-respondent; on tho grounds of mifloonduct and habitual drunkenness.

Mr B. S. Irwin appeared for the petitioner, and Mr W. G. Hay for the respondent. There was no appearance of tho c spondent .r Irwin said that the parties were married on February 7, 1906, and there ■were two children of the marriage. They lived fairly happily together for some time, but the evidence would show that the wife took drink to some extent all along. However, five years ago she became very much addicted to drink, and went from bad to wosae. At last she left her husband, and k rowdd be proved that men tools drink to )»er. She also frequented hotols, got drunk, and did not attend to her children or v> the housework. By private arrangement fiho was sent to a jlome in Christchuroh, and she remainec there for six months. But that did not do her any good, for shortly after her return to Dunedin she took drink again, and there were no lees than 11 convictions against her for drunkenness and breaches of prohibition orders. On April 13 of this year she visited a houso in Moray place kept by a man named Ayers, and they were found drinking together. The defence wae a denial of misconduct, and an allegation chat if she was guilty Trinder's conduct conduced to it. The petitioner was a very respectable man, and had carried on business for many years.

Evidence wae given in support of the petition.

Mr Hay said that he presumed lihat the question of the custody of the children! ■would come up later on. He did not suggest that his client was entitled vo their custody, but they might bo placed in tho custody of a third party. They had been trying to find out where they were, and they brlieved they were in the Nazareth Home, Christchurch.

Hie Honor expressed the opinion that it was desirable that the children should remain in neutral custody. The question oould come up later.

Mr Hay 6aid it seemed to him that the habitual drunkenness and neglect of domestic duties failed. The petitioner's own habiis and conduct had contributed to the ■wrong doing complained -of. As to the misconduct, it was practically as stated by the two constables who had given evidence, but what had happened on tho on?, particular night had been the outcome of a drinking bout. Counsel referred in detail to the circumstances surrounding the act of misconduct. He thought that after hearing the evidenbe for the defence his Honor would be satisfied that petitioner's conduct and drunken habits had caused respondent's ruin, and dragged her down into the mire.

His Honor remarked that if Mr Hay's view of the character of petitioner wae correct it was very undesirable that respondent should remain his wife.

Counsel for the defence proceeded to call evidence at length. His Honor, in giving his decision, held that the allegations of misconduct were proved beyond reasonable doubt, and that petitioner was entitled to a decree. A decree nisi was granted, to be made absolute at the end of three months. Respondent was allowed £25 costs; disbursements to be fixed by tho registrar. (Pek United Press Association.) . AUCKLAND. November 23. Tho criminal sessione of the Supreme Court were opened to-day before Judge Cooper. The list of cases is a light one. Several charges were tried, and eentence in each case was deferred. PALMERSTON N., November 24. Alfred Leonard Cobb, a youth, 16 years of age, was found guilty at the Supreme Court to-day, before Mr Justice Hosking, of indecent assault upon a girl six years of age. On a second charge of a similar nature against Cbbb, in connection with another child, the jury failed to agree, despite the fact that the judge, in summing up, directed the jury to return a verdict cf not guilty on the grounds of insufficient eorroboration. A new trial was ordered.