SUPREME COURT, IN DIVORCE.

Otago Witness, Issue 2630, 10 August 1904, Page 23

SUPREME COURT, IN DIVORCE.

(Before His Honor Mr Justice Williams.) DOBSOJT V. DOBSON.

Ida Lilian Dobcon (petitioner) v. Collet Barker Dobson (respondent) ; a wife's petition for dissolution of marriags on the ground of desertion.

Mr W. C. MacGregor appeared for the petitioner, and there was no-appearance on respondent's bahalf.

Mr MacGrrego-r, Am. stating the facts of the case, said the parties were married in February. ISS6, at Christchurcb. After the marriage they lived together in Christchuroh and elsewhere in New Zealand three children being born of the marriage, all of whom died young. In September, 1898. the respondent, without just cause, deserted the petitioner, and had left her continuously deserted till the present date. The facts as to desertion were these : Petitioner and respondent were both members of the theatrical profession, and in the course of their professional career had to travel about a good deal, ancll during the years immediately preceding 1898 they were not too successful. About July, 1898, "respondent told petitioner he would go to Australia to get an engagement with Bland Holt or Bignold. At this time petitioner had hear own rooms in Dunedin, and was living by her own exertions as a teacher of elocution, and respondent, having come back from, a trip, stayed with her some time, but not .being able to get anything to do he said he would go to Australia as stated. Hespordent went to Australia, anal the last news petitioner had from him. was a letter-card from Sydney, dated September 14, 1898. Since that tntw the petitioner had had no communication from respondent but cue. Petitioner wTote I'umerous letters, but her letters came back through the deal letter office. She completely lost sight of her husband, and though she made inquiries in every way possible — inquiring through the police pnd from stewardesses of beats— she was unable to find trace of him. Until 1901 no word of any port came, and then the petitioner was very ill, and she got a friend) to cable to respondent m Australia that she was dying, and asking him to send some word of sympathy. No reply was received, but in August, 1901, a cable came from Orange, New South Wales, in which respondent asked petitioner to send him £100. B.e said also that he was writing, aaid sent 'his love Petitioner sold out some shares of which she had become possessed, and sent the £100. This was never even acknowledged, nor did respondent write oar cable in any way, and petitioner had not heard a word from, him ficm that date. It wa3 suggested the desertion commenced shovt'y after the receipt of the letter of September, IS9B. Petitioner had since discovered that respoxident was living in adultery with some other woman, by whom he had had a chiH. He had not answered! any of the petitioner's letters, nor taken any steps to excuse his conduct or account for it in any way. The case seemed one of very heartless desertion, and these could be no excuse for it. An affidavit of service had been filed by a nephew of petitioner in Adelaide, who was acquainted with both parties, and was acquainted with respondent personally. Ida Lilian Dobson, the petitioner, being sworn, said she lived in Dunedin, and supported herself by teaching elocution. She was miarried to respondent at St. Luke's Christchurch, on February S, 18S6. Both she and her husband were born in Christchurch, her husband's father being Edward Dobson, engineer, of Sumner. She lived with her husband for some years in several towns. He was an actor, and petitioner was also engaged in the profession, and travelled with him. Thrco ihildren were bern, all of whom died in infancy. Her husband went to Australia in ]898, the last time he left, and up to that time they were on good terms. "Up to the time he loffc in IS9B he had not been doing too well in the profession. They had some very bad times together. Petitioner took up her abode at the Octagon, and supported herself by teaching elocution. Her husband was staying with her before h-? went away to Australia. His object in going to Australia was to get an engagement with - Bland Holt or Rignold, if possible. Petitioner objects to his going, and tried to persuade him not to. She did not like the idea of his going away. She had hoped he would stay with her. Ha had said he thought he had better try his luck over there, and if he failed he would come back, but if successful ho would c«iul for petitioner. Petitioner save him, the money to go with. Ha

went north, via Auckland and Sydney, nucl petitioner's sister-in-law went with him to Sydney. It was arranged she was to have Lis protection on the voyage to Sydney, where she was going to visit friends. She had not seen her husband from that day to this, and tha lady had not returned to her home. Petitioner had written on an averago once a week after lespondent left Dunedin, and sometimes twice. The letter produced was the only letter sho got back from respondent, and this she replied to, and wrote constantly. The letters were returned to her through the dead letter office. Petitioner addressed her letters G.P.0.. Sydney. That was tha address her husban-3 gave her. Actors always had their letters addressed that way. When respondent wen, avay he left his theatrical kit behind him, and asked petitioner to forward it to Sydney, which sho did, and it came back. By writing petitioner found out it bad not been claimed, and got it back She made, inquiries about her husband from the police, the stewardesses on board boats, and theatrical people, but could ascertain nothing of him. In 1901 petitioner broke down, and got someone to cable to Sydney that she was dying, and asked for sympathy. That cable did not come back, and respondent cabled to petitioner in August, 1901, to the effect that he wanted £100. That cable was from Orange, New South Wales. The money ws>.*, he said, to help him out of difficulties. Ho said he was in great distress and that he would write, and sent his love, but petitioner never got a letter from him. Petitioner found out trom the bank manager that respondent got the £100. and ai?o sent his photograph to New South Wales in caso anyone was impersonating him. Petitioner bad learned that the woman with whom respondent had been living had given birth to % child about three years ago. That was about tha time petitioner had sent the £100. Petitioner knew enough from her nephew that respondent and the woman were jiving together in Adelaide.

His Honor to Mr MacGrego*- Have yov. no other evidence? Mr MacGregoi : "So, your Honoi. His Honor: It is usual to have some kind of corroborative evidence. I have no doubt the story is true, but at the same time- it is hardly the practice to grant a decree withoui some corroborative evidence. It is usual to call someone who would say ihey knew Dobson, and that he had not been seen in the colony for some time.

Mr MacGregor: There aie some official documents from the police. His Honor : Very well. Mr MacGregor: We have had inquiries made all over Australia.

His Honor • I daresay these documents) will do in this case.

Mr MacGregor: These show the extent of the inquiries made.

His Honor

Just so

After looking through iho documents nil Honor said : Under the circumstances this correspondence shows inquiries have been raatiis. A decree nisi was grantee), to become absolute in three months. The court rose at 4 p.m.

In acknowledging rccoipi cf a nic-dal from South Africa for her son, a JRe?ftoh mother, writing to tho XelsOii iJefeueo Department, says:— "My son, like many orhers, fails to appreciate this medal as lie otherwise would have done had the ' Chows ' not bpen allowed to occupy a country that Britishers suffered and endured ?o much to win."

there was no doubt that the process was very beneficial when the state of the milk made it necessary. He did not think the virus of tuberculosis became attenuated by ■ being merely passed through animals of high, vitality. Asked if he did -not think the establishment of a bacteriological laboratory at Lincoln College advisable, Mr Chariton 3aid there was such a laboratory at the Agricultural College, and that it had built at his request and equipped in "\ooordance with his suggestions, with microscopes, incubator, and so forth. The microscopes and other instruments had- been selected at his request by Professor M'Fadyean, Dean of the Royal College of Veterinary Surgeons of England, and member of the Royal Commission on Tuberculosis.