A LATE DENIAL.

Sun (Christchurch), Volume V, Issue 1427, 9 September 1918, Page 8

A LATE DENIAL.

IN DIVORCE PROCEEDINGS. ELEVENTH HOUR ACTION. Pleading that an alleged net of adultery which hail previously been condoned had been revived l>v desertion, dohn Carter, of 102 Bristol Street, Christchurch, gardener, petitioned for a divorce in the Supremo Court to-day, before Mr Justice Herdman, from Eliza Ann Carter. Harry Franklin, dairy farmer, of Wail a Wheta, North Island, was joined as co-respondent. Mr 0. T. J. Alpers represented the petitioner, whilst Mr J. A. Cassidy acted for the co-respondent. The suit had been adjourned from a previous hearing, to permit of a further witness being eaTled for the petitioner. The alleged act of adultery was stated to have been committed at Waita Wheta in 1914. Florence Jane Giles, the wife of a Clarkville farmer, and a cousin of the respondent, said that she had known Mrs Carter intimatelv for many years. She knew that Mrs Carter left her husband three years ago. Just about then the respondent met witness. Mrs Carter then said (hat her husband had caught her and a man in a cowshed at Waita Wheta. Mrs Carter explained that she told witness this because her husband had threatened to write to witness's husband about the matter.

At this stage Mr M. J. Gresson said that he had been instructed this morning by respondent to appear on her behalf. " Counsel stated that he knew that a f(jrinal appearance was now too late, but he considered it a duty to inform the Court that the respondent deDied the allegation of adultery. His Honour: It is certainly too late now to appear, but if you think if a duty, I will postpone judgment in order that the wife can make representations to the Crown. Mr Cassidy: I desire to address the Court on the law points involved, on behalf of the co-respondent. It was agreed, however, that the case should stand adjourned until Monday, September 16.