A COLONIAL DIVORCE COURT.

Otago Witness, Issue 641, 12 March 1864, Page 17

A COLONIAL DIVORCE COURT.

The Resident Magistrate at Auckland appears to have constituted his Court a kt Divorce of Matrimonial Causes Court," and to have assumed the mantle of the late Justice Cresswell Creswell. We extract the following from the " New Zealand Herald," of the 20th February :—

MOULE V. MOULE.

William Moule, Major in the Waikato Militia, appeared to answer the charge of his wife, Louisa Moule, with having deserted her, and left her without any visible means of support, contrary to the provisions of Destitute Relief Ordinance.

Mr Merriman and Mr George appeared for the complainant, and Mr Wynn tor the defendant.

After some little time had been occupied in endeavoring to settle the case privately, it was announced by Mr Merriman tliat the case must be proceeded with, and he called on the first witness. Louisa Moule, sworn, stated : lam wife of the defendant. We were married last December twelve months, at Gloucester. We arrived last August in the ship Portland. We lived at Parnell first. When he went to Taranaki he left me here. Since my husband went away I have moved twice, but with his concurrence. He has given me no money for my maintenance since last November. It was our own furniture in the house. Part of it is removed, and part remains. I had to sell a portion to buy food. My husband took the second portion away. lie also took my trinkets and plate, and my father's things ; also heaps of very handsome articles, and my wedding dress. He took them when he first came home, on the 6th November. The remainder of the things he took last Tuesday. I have had no means of support since last November. What his pay and allowance as an officer is, Ido not know. He is now a Major in the Militia volunteers. He lias often come to the house since November, but never resided there. I was at the house when he came, last Tuesday, to take the things. He has not resided with me since November.

Cross-examined by Mr Wynn : He has paid one bill for Ll 12s, for groceries and bread for three months, to Mrs Conley. I reside in Official Bay. Major Moule only stayed there with me for two nights. He has paid no other bill. Mr Morrin's is still unpaid. I have the bill at home. He might have paid it, as also Mr James', without my knowledge. [Mr Wynn here produced a letter, which was shown to Mrs Moule.] This is my letter ; it is my handwriting. [Another letter produced.] This is my writing also. What is on the flyleaf I deny writing. [A thin letter produced, and read, as follows: "Dearest one, — Come at once ! While you are away, minutes seem as hours. Him I serve from duty ; bnt you from love and affection. Louisa."] I did not write

that letter — indeed I did not. [A fourth letter produced.] That letter was v/ritten by me. It was written on the anniversary of our v, < iding day. It was not my marriage vow I broke. I vowed to lead my husband in the right way, and I have not. [A document produced.] That is my writing. [Several other letters produced, all of which witness said were in her handwriting. This was done to identify the signature, &c, with the one which she denied Avriting.] I know a Mr Howard. Ifi st met him on the Wynyard Pier. I met him several times for some days ; at length we spoke. I was on the pier when I first spoke to him. I did not then know who he was. My husband was at Taranaki. We never met by appointment. I went to church with him once, and we sa 1 ; in the same pew. I believe that a friend of the servant girl's wrote some letters, and imitated my handwriting. I never wrote to Mr Howard in my lite, or sent the servant to find him. 1 recollect a particular Sunday when Mr Howard accompanied me out of church. When my husband came from Taranaki, I told him I knew Mr Howard, and pointed him out to him in the street. He had not visited me then, but had stopped and spoken to me on the pier. Mr Howard was at my house twice. I was never out walking with him after dark, or left my house with him after dark. Mr Howard was never in my house after my servant went to bed ; she always assisted rae to bed ; he never called at my house after I had retired to bed. He sometimes came at eight or nine o'clock, but always went away soon after. He only came twice after eight o'clock. I never informed my husband of those visits. The first time I told him was in a letter, when I said I was guilty to a certain extent. Mr Howard never came to my house when I was ill in bed, or never came into my bedroom. I was told he was in my room, but I was too ill to know. He has been to the house since that, but how often I do not know. It was the servant told me ; it was long before tea time. I never told my husband that Mr Howard was in my room. Upon all occasions when Mr Howard was there after dark, there was a light in the room. Neither he nor I ever blew out the lamp. I was always sitting sewing. He never came to me when I was undressing. Mr Howard never sent any presents, nor any oysters. He never partook of any refreshments, and always came alone. My husband had come to Auckland during the time of these visits. I know the servant's brother, but he never conveyed messages for me. I never told him to watch for Mr Howard, and tell him when the major was coming, or in town. I never took any steps to prevent my husband and Mr Howard meeting in my house. I recollect one night when Mr Howard was there, a knock at the door was heard, but Mr Howard Btaid in the room, and did not go into the back kitchen. This was in the evening, after dark. Mr Howard never took off his boots and left the room when a knock came at the door. I last saw him about ten weeks ago. Since this affair has been discovered, I have never seen Mr Howard to speak to. By Mr Merriman : The tow I speak of as being broken does not allude to any marriage vow, and I have been guilty of nothing but the indiscreetness of receiving his visits in the evening. When I was on the pier my maid was always with me.

J. Howard, sworn, stated : I know Mrs Moule. I first saw her on the Wynyard Pier. Ido not recollect the date. I think it was in or about the mouth of November. She had a servant girl with her. Ido not recollect if she had a dog; the first time I spoke to her she had not. I subsequently went to her houae. Ido not think I ever spoke to her before going to her house. I was not aware that she was a married woman. I never had any improper connection with Mrs Moule.

Cross-examined by Mr Wynn: I received a message from a boy, and in consequence went back to the house at dusk. I went in without knocking at the door. I saw Mrs Moule. I went into the parlour, there was nobody there but Mrs Moule. I remained a quarter of an h<W in the house. That was the first time I ever spoke to Mrs Moule. Half a dozen times after that I saw Mrs Moule. I never heard from her that she was a married lady ; I never recollect, during the times I saw her, addressing her by any name ; I know her name to be Louisa ; I was never there later than eight o'clock, and never as late as ten. I went to the house on an invitation received through the servant; I saw Mrs Moule in her bedroom ; she was in bed wide awake ; upon my addressing her she she told me to go away out of the room ; I shook hands with her and went away ; the servant also was there. I was so confused at seeing a woman in bed that I have little recollection of what occurred ; I might have kissed her hand. I did not see her again for a month. The .servant met me one day, whea I enquired where Mrs Moule lived then ; upon her telling me I immediately went to her house, and saw

Mrs Moule. I never saw Mrs MouJ^f writing, and therefore could not recognise her writing. I think I have received £we or six invitations from the servant. I was once in the kitchen ; the servant <s*be there ; but it was not the servant that !eS me there. I was there not more than &=e minutes. Mrs Moule was not there, ta&& I went into the kitchen to see the servaat. I have been out walking with Mrs Mo«.k, but I do not think from her own house. £ have been in the Domain before 6 o'clodL I have met her in the Domain by appoiEimcnt made between us in her houses we were home by 6 o'clock. I di£ not go home with her, but left her at the Council Chambers. I recoUssfc being at church with her once • we met going in ; I walked out after church, and accompanied her home ; 1 forgot whether I went in or not. I never ©3collect having any conversation with feear then. I don't recollect her meeting b*s partly dressed only. I was never in tfee room with her in the dark.

Examined by Mr. JMerriman : Whes SE went to the bedroom door Mrs. Moitk seemed much offended, and told me to come no further in. I never received aay letter purporting to come from Mm. Moule, except one given me by herself ie the servant's presence. I never read it. When I waa with her in the Domain we kept to the public path. I repeat that, beyond the indiscretion of meeting her thus clandestinely, no other impropriety toaSc place between us. In summing up the Court reflected oe the impropriety of bringing such a case iato the Resident Magistrate's Courtneither husband nor wife would escape blame and disgrace; but reviewing the evidence the Court must come to the dscision that there wa3 reasonable cause for the defendant deserting his wife, and that it could not therefore interfere to compete maintenance of the wife.

A Soldier op Fortune.— Ever since £ landed in America I had heard of the exploits <£ an tnelisliinan called Colonel St. Leger GrenfeE, who is now Inspector General of Cavalry to Bragg's army. This afternoon I made lie acquaintance, and I consider him one of the most extraordinary characters I ever met. Altliou^b he is a member of a well known English fatuity, he seems to have devoted his whole life to the etching career of a soldier of fortune. Ha told BE© that in early life he had served three years in s French lancer regiment, and had risen from s. private to be a Rous-lieutenant. He afterwards bacame a sort of consular agent at Tangier, under old Mr Drummond Hay, HaviDg acquired * perfect knowledge of Arabic, he entered the >ervice of Abd-el-Kader, aud under that renovrneiS chief he fought the French for four years and & half. At another time of his life he 'fitted outa a yacht, and carried on a private war with the E'ff pirates. He was a brigade-major in the Turkish contingent during the Crimean w*r« and had some employment in the Indian munity. He has al«o bpen engaged in war in Buenos Ayws and tbe South American republic. At an early period of the present troubles he ran the blockade aud joined the Confederate?. He wag adjutanteeneral and right-hand man to the celebrated John Morgan for eight month*. Even in fcbJs army, which abounds with foolhardy and desperate characters, he has acquired the admiratioa of all ranks by his reckless daring and gallantry in the field. Both Generals Polk and Bragg spoke to me of him as a most excellent and useM office, besides being a man who never lost «c opportunity of throwing his life away. He is ju»t the sort of man to succeed in this army, and iitnonS the soldiers his fame for bravery has oat* weighed his unpopularity as a eigid disciplincrian. He is the terror of all absentees, stragglers, and deserters, and of nil commanding officers who ore unable to produca for his inspection the number of horses they have been drawing forage for. He looks about forty- five, but in reality he is fifty-six. He is rather talli, thin, very wiry and active, with a jovial English expression of countenance ; but his eyes hawe « wild, rovin? look, which is common amongst fcfee Arabs. When he came to me he was dressed ie an English staff blue coat, aud he had a red. cavalry forage cap, which latter, General Poifc told me, he always wore in action, so making himself more conspicuous. He talked to ps about John Morgan, whose marriage he had tritd to avert, and of which he spoke with much *oraw. Re declared that Morgan was enervated by matrimony, and would never be the same man as be was. He said that in one of the celebrated tel*~ grayh tappings in Kentucky, Morgan, tfee operator, and himself, were seated for twelve Tours on a clay bank during a violent storm, but the interest was so intense that the time passed like three hours. — "Three Months in tfee Southern States. By tiout-Col. Freemantle." Atjkiperous Qdartz.— Some very fine speicmens of auriferous quartz were exhibited on Saturday and Monday last at the Brunswick Hall. They came from the Southern Crows claim, and if anything like fair samples, they augur well for the richness of that claim. TJie quartz is mostly of a grey color, in many parts completely overlaid with gold, and exceesivelf heavy. From its cellular texturn it would be, we should think, easily -crushed. The actual vein of quarts does not exceed live or six inches

in thickness, but there appears to be gold also in the grey rock which forms the casing of tbe vein. There will surely be some day found at Ooromandel a veritable "Jeweller's Shop," whea the spot i« hit upon where all these leaders raaet. — " New Zealander."

A Tnio op Bulls.— Some years ago, a certain official character, in Staffordshire, in niakiag out his bill upon the parish, had unfortunately found sixty-three weeks in the year; another, who laughed immoderately at the blunder, states in his own account, that he had pad a speafie sum in aid of the county rats !— and a thiro, who was highly diverted at the blunders' which, botfe had committed, produced his bill, without any apprehension of snaring the iate of his neighbors;; but,- unluckily, he had charged so much for holding a conquest over the body of a man fouafl dead.