RECENT DIVORCE CASE

Pahiatua Herald, Volume XXXV, Issue 10514, 8 April 1927, Page 2

RECENT DIVORCE CASE

NEW TRIAL NOT GRANTED. Electric TelegrapP—Press Association WELLINGTON, April 4. In November last William Austin Orbell, of Te Putere, Hawke’s Bay, petitioned for a divorce from his wife, Mary Orbell, on the ground of her alleged adultery with Henry Albert Mossman, a Hastings moneylender. The matter came before His Honour Mr Justice Ostler and a jury of 12. The jury decided that adultery had taken place, and awarded petitioner £1250 in respect of his claim for £2OOO damages from the co-respondent. Subsequently the co-iespoudent applied for a new trial, on the ground that fresh evidence was available. The fresh evidence in question was stated to bear on two things—the alleged immoral character of the respondent, and an alleged statement by the petitioner to the effect that he intended to “frame-up” a charge against the co-respondent. When the application for a new trial came before Mr Justice Ostler it was granted, the petitioner recently appealing against this decision. The judgment of the Court of Appeal was given on Saturday, when it was stated that the court did not consider the fresh evidence which was to he brought forward was worthy of belief. The appeal was accordingly allowed, the court considering that the application for a new trial should not have been granted. Costs on the Highest scale were allowed.