IN DIVORCE. Wednesday, August 12.

Otago Witness, Issue 2840, 19 August 1908, Page 34

IN DIVORCE. Wednesday, August 12.

(Before his Honor Mr Justice Williams and

a jury of 12). BATGEE V. BATGBK. Eveline Alexa Batger, of LitHebournc, near Dunedin, pent.ioned for the dissolution of her marriage with John Bafger, of Invercarg-ill, formerly auctioneer, etc., on the ground of adultery, and asked for such further relief as the court might think fit. Respondent denied that he had misconducted himself as alleged Mr J. H. Hosking, K.C., and Mr Macasssy appeared for petitioner, and Mr Wm. C. MacGregor and Mr Rattray for respondent.

Mr Hosking sa ; d he thought his learned friends for the respondent agreed ihat the evidence likely to be produced in this case was of such a character that it would be better it should not be published. He did not think he went too far when he said it was one of those cases in which his Honor ehould exercise the powers given him directing the detaik of th» proceedings should not be published, and that the persons not connected with the case, but who wore present only from curiosity, should not be allowed to remain in court.

,- Mr MaeGregor said he agreed with this. He thought it was right. His Honor: From the pleadings, that course would seem to be advisable.

Mr Hosking said the reporters would like to know if they were at liberty to publish the fact that the proceedings took place, the names of the parties, and the result.

Hi 6 Honor replied in the affirmative, and said so far as the publication of a report was concerned, he would make an order under section 66 of the act of 1904 — an order of the court that the publication of any leport or account of the evidence in the case was forbidden. Was that what Mr Hosking suggested? Mr Hosking: Yes, your Honor. His Honor : That would not deter the press from publishing the result of the proceedings. You do not 6uggest that? Mr Hosking : No. The reporters wish to be on the safe side and get your Honor's ruling in that direction. The att. I take it. refers to anything in the nature of evidence

His Honor : Yes.

The court was then cleared of members of the general public, and Mr Ma^assey proceeded to open the case for petitioner.

A verdict was given in favour of petitioner, and a decree nisi granted, to become absolute after throe months.