IN DIVORCE.

Colonist, Volume LV, Issue 13735, 29 May 1913, Page 3

IN DIVORCE.

William Henry Johnston j saddler, of Takaka, petitioned for a dissolution of marriage with his wife, Charlotte Elizabeth Johnston, on the grounds of misconduct with 'John Wilson, a labourer, of Takaka.: ; "•:.• Mr. J. Houlker appeared for the petitioner,. and. Mr., J. P. Hayes for the respondent" and.co-respondent. Mr. Hayes raised ;a preliminary objection that security for the respond-' ent's costs had hot boon tiled until that morning, which he submitted was too late.

His Honour pointed out that the case had been adjourned from. Monday on tho grounds that the witnesses? were coming from Takaka, and Mr. Hayes should have made the objection then. He overruled the objection. Mr. Houlker said that the parties were married at. Takaka in 1888, and lived together for about 2Q years, when, owing to respondent's conduct, matrimonial differences arose. Petitioner would have instituted proceedings before only he .was a poor man. . Tho petitioner in , evidence stated that he was married at Takaka on January 25th, 1888, and four children were born as tho outcome of the union. They lived at Takaka for about two years? after which ho built a house on his wife's property at Motupipi, where they lived for 18 years. About fiveyears ago he objected to his wife's relations with a. married man, and his wife replied that she would please herself. She persisted in her relations with this man (since dead), and petitioner left her. His wifo then went as cook at tho Telegraph Hotel, Takaka, tho co-respondent, Wilson, then being employed as a waiter at the same place. Some time after 'Wilson went to Wollington, and his wife followed him" later. They came "back to Motupipi .together, and had been living thero <vor siiseo. Tho reason he had not brought divorce proceedings before was that ho could not get the evidence, and he iiad not the money. By Mr. Hayes: A maintenance order was made against lii;a under which he had to pay os.- a week, towards his wife's support, and os. a week towards the support- of his youngest daughter until she was 14 years of age. He had not paid anything sinco the latter had reached that age. His wife kept bnuHtr; :vt Motupipi. ..Ho first sus-pected--Ii is wife's miseoiic'raet with Wilson in" January, 1912. Evidence r.r. to improper conduct by the respondent and co-respondent was given by-Hugh Wilson Hutchison, engineer, .of Tarakoho, .and Horace Haaso, formerly -barman .at .tho -.Telegraph Hotel. ■ Mr... IT,?.yes did not offer any defence. but submitted- that th.rv evidence as to' adultery, was. not-.fijichislve. ": His Honour ■:.said.- thei'b was an ad-•{ mission. ..pf - adult'ory. irv'-the correspond- J once -betWpQn 'I'le 'parlies. -'"A decree niso was jirantod, costs on the'-lowest scalo to be paid l>y potitioner to respondent, to bo refunded by the corespondent, to-petitioner..