SUPREME COURT.

Otago Witness, Issue 1989, 7 April 1892, Page 26

SUPREME COURT.

DIVORCE AND MATRIMONIAL COURT.

Wednesday, April 6. (Before his Honor Mr Justice Williams.) ANDKU9ON V. ANDEHSON AND CONWAY (CO-RESPONDENT).

A husband's petition for dissolution of marriage. Mr J. F. M. Fraser appeared for the petitioner* There was no appearance by or on behalf of the respondent or the co-respondent. The facts set out in the petition were : That the petitioner, James Anderson (of Macetown)) a miner, was married oil the 2/th of July, 18S2, at Stlflingi to Joseph Ann Beardsmerej spinster; that they lived together at Kaitangata; Shag Point, Fsurfield, and Bcnhar for the space of three years ; that there were no children born of the marriage ; that in 1885 the respondent left the home provided for her by her husband, having no just cause or excuse for so doing ; and that during 1887 and up to the present time she had openly lived with Edward Conway (of Reefton) as his wife. The learned douhseU having opened the case, dalled Janles Anderson, the petitioner, who deposed that he and his wife had lived on good terms for t-wo years and a half, and that in March, 1885, his wife went to Dunedin, her object being to protect her mother from the ill-treatment of her stepfather. Witness consented to this; and a month after he himself left Berihar and citme to llis wifd in Dunediil. In the interval lie had supplied Her with money. They lived together in the mother's house at Mornington, and then witness went to the West Coast for work. He left his wife LlO, and on returning in May he saw her at her mother's. She had then L 5 left, and gave him a shilling, he being " stone broke." After this he got a passage to Kaitangata, obtained work there, and sent his wife money. Hi 3 wife wrote once to him, advising him to go to Sydney and then send for her, as New Zealand was about " played out." Witness replied declining to go, and after that his wife never wrote to him, and he had not seen her since. Shortly after this his suspicions of her ■•nfaitbfulness were aroused ; her sister told him that she was unfaithful, and subsequent inquiry proved this to be correct. Prom 1885 up to the date of the present proceedings he had been without means to begin a suit for divorce. Catherine Kyle, Nathan Greaves, and Dehsom gave evidence proving the allegations in the petition. His Honor granted a decree nisi ; to be made absolute at the next sitting after three months. Mr Eraser asked for costs against the corespondent.

His Honor : Yes ; he must have known that she was a married woman. The court then rose.