WELLINGTON DIVORCE CASE.

Otago Witness, Issue 3610, 22 May 1923, Page 30

WELLINGTON DIVORCE CASE.

SOME UNUSUAL FEATURES. WELLINGTON, May 15. A divorce ease possessing unusual features was before the Supreme Court yesterday, when John Ernest Denton, marine engineer, Wellington, applied for the dissolution of his marriage with Edyth Denton on the grounds of misconduct with Benjamin Francis Carrington, sea captain, and Herbert Rosenberg, jeweller, of Wellington. It was stated that, petitioner was an engineer. While at Home on war service he met respondent and married her. They led

a happy life for some years after coming to New Zealand, but later she took to drink. While petitioner was at Hanmer m hospital, his wife, it, was alleged, misconducted herself, first with Carrington and then with Rosenberg. Upon the husband being discharged from,hospital, he searched in the house and found a large number of empty bottles, also many valuable presents, such as rings, gold curb chains, wristlet watches. It was also alleged that when the petitioner, who was in receipt of a pension from the Royal Naval authorities, came home early one morning he found Rosen berg in pyjamas making tea for the respondent. His wife used to make tea, for the milkman about 4 o’ clock in the morning, and her husband, in view of what the neighbours might think upon the subject, advised bis wife to discontinue the practice. The case was continued to-day. Mr Mazengarb, for the petitioner, said petitioner had consulted his solicitor first in regard to a separation. Then there was reconciliation. 'I he petitioner discovered certain letters and took further proceedings. A letter written by the respondent was produced dated June 3, 1922, in which she declared that she desired to be left alone and would not call on her husband for maintenance. Petitioner said there had been no serious disagreement to lead up to the letter. A taxi-driver said that, lie had driven respondent from a stand on Clyde Quay wharf to her home at Kilbirnie several times from 10.30 to 11.30 p.m. A witness, who resided near Denton’s house, said he had seen Rosenberg in Mrs Denton’s bouse in August last. Denton was in hospital at the time. During that time respondent kept very late hours. On one evening there was a very lively time at the house which was Kent: up till the small hours of the morning. Mrs Denton beat a kerosene tin at supper time. Percy Jenkins, painter, another neighbour of the Dentons, said that soon after the Dentons came be saw a man about the place. He thought it was Denton, but, subsequently discovered it. was Carrington. Fie once saw Carrington getting over Denton’s back fence at night. He was asked to have a. drink at, Denton’s house. Carrington was there. Fie had seen them in very intimate positions like lovers embracing each other. Fie had also seen Rosenberg in Denton’s house while Denton Was in hospital. He had seen Rosenberg there at an early hour. He once looked through Mrs Denton’s • window at, night and saw Rosenberg and Mrs Denton in bed Tlie case is unfinished. May 16. In the Denton v. Denton (respondent) and Carrington and Rosenberg (co-respon-dents) divorce case yesterday a witness named Jenkins, in his evidence, said he saw through a clear pane of glass the respondent and Rosenberg in bed together. It was suggested that an architect should see the window and report; but when the petitioner went home last night he found that, the pane had been frosted over. A man named Longley, w'ho was working on a building opposite, saw a man at the windovy. He came to court this morning and said he saw a man yesterday afternoon painting this particular pane, and an architect also gave evidence that the particular pane had been frosted over. Other similar panes in other windows in the house were not so frosted. A neighbour gave evidence this morning as to seeing a man about tl|e house whe i Denton was away. Another witness deposed to seeing Mrs Denton at the Empire Hotel, Masterton. in January with a man, and her husband thought ,t was Rosenberg, lie noticed in the hotel register the names of Mr and Mrs Rosenberg, room 16. Evidence was also given by three other witnesses, including a private detective, as to the movements of respondent and Rosenberg. Mr O’Leary put Mrs Denton, the respondent, into the box. She denied the evidence of previous witnesses. She detailed the Mosterton trip, and said she was not aware that a room had been booked for “Mr and Mrs Rosenberg.” She refuted the stories of previous witnesses who alleged that, thev had seen her in bed with Rosenberg. She den ed that she had been on intimate relationship with either Carrington or Rosenberg. May 17. Further evidence in the Denton divorce suit was taken to-day. This is a case where John Ernest Denton, marine engineer, Wellington, applied for the dissolution of his marriage with Fidyth Denton on the grounds of misconduct with Benjamin Francis Carrington, sea captain, and Herbert, Rosenberg, jeweller, of Wellington. Mr Moir, solicitor, gave evidence of his efforts at effecting a reconciliation between Denton arid his wife. At the meeting of the parties letters were produced. One from Carrington contained the phrase “Be a good little girl till I come back.” Witness advised Mrs Denton to get the letters back. On November 21 she showed him certain letters which had been handed back. Some he had previously seen were not among the bundle. At the meeting referred to Rosenberg’s name had not come up. There was nothing in the letters that suggested misconduct except the phrase already mentioned.

Mr D. M. Findlay, for Carrington, addressed the court on the question of condonation, and submitted that full cohabitation and complete reinstatement of conjugal relations took place after November 6 —on November 10. Counsel called Carrington, who swore that he had never committed adultery with Mrs Denton. Herbert Rosenberg, the second co-respon-dent and chief witness, gave a complete denial to the charge of misconduct, fie stated that a witness named Ironside, who could have strengthened his case a great deal, was not to be found. He had gone to see Mrs Denton only when Ironside was present and at the latter’s invitation. Witnesses were also introduced to show that Rosenberg was an enthusiastic member of the Working Men’s Club, where he rarely missed a night, being an enthusiastic chess player. This concluded the evidence, arid the court adjourned till the morning, when counsel will address the jury and the judge will sum up. May 18. Tho Denton divorce case was continued to-day. The judge submitted to the jury issues as to whether or not adultery had boon committed between respondent and either or both oi the co-respondents, and whether there had been condonation. The jury, after a retirement of four hours, found both co-respondents (Carrington and Rosenberg) guilty of adultery, and found damages amounting to. £l5O against each. Application was made for a new trial.