PETITION FOR DIVORCE

Otago Daily Times, Issue 23515, 1 June 1938, Page 6

PETITION FOR DIVORCE

HEAVY DAMAGES SOUGHT PRIVATE AGENT’S EVIDENCE (Per United Press Association) AUCKLAND, May 31. A divorce action in which the petitioner claimed £IOOO damages against the co-respondent came before Mr Justice Callan and a jury in the Supreme Court. The action was brought by Henry George Donald, of Auckland, a fellmonger, against Agnes Mary Fanny Donald and David Brideson, of Auckland, a butcher, who was named as the co-respondent. The petition was based on the ground of adultery. In addition to the divorce decree and £IOOO damages, the petitioner sought the custody of his 14-year-old son. Both the respondent and the co-respondent denied the allegations of adultery. Counsel said the petitioner would rely chiefly on what had actually been seen, but there would also be evidence of what was heard on a microphone. A private inquiry agent, in his evidence, said he took a dictaphone or “ listening-in ” instrument with him, and would be prepared to give a demonstration to the court with it if required. Some of his replies under cross-examination drew a rebuke from his Honor, who said: “ Don’t disgrace the place you are in more than the inquiry necessarily does.” Witness said that, with his microphone, he could hear a fly walking across a pane of glass. His Honor: And, to an untrained observer, that might be taken for Mr Brideson walking across the floor? The case was adjourned. *