IN DIVORCE.

Colonist, Volume LV, Issue 13752, 18 June 1913, Page 4 (Supplement)

IN DIVORCE.

William Henry Johnston, 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 /or the respondent and co-respondent. - Mr. Hayes raised a preliminary objection that security for the respondent's costs had nob been filed until that morning, which he submitted was too late. His Honour pointed out that the case had been adjourned from Monday, on the grounds that the witnesses were coming from Takaka, and Mr. Hayes should have mado the objection then. He overruled the objection. Mr. Houlker said that the parties wore- married at Takaka in 1888 and lived together for about 20 years, when, owing to respondent's conduct, matrimonial differences arose. Petitioner would have instituted proceedings before only he was a poor man. The petitioner in evidence stated that ho was married at Takaka on January 25th, 1888, and four children were born as the outcomo of the union. They lived at Takaka for about two voars. after which he built a house on his wife's property at Motupipi, where they lived for 18 years/ About five years ago he objected to his wife s relations with a married man, and his wife replied that she would please herself She persistod in her relations with this man (since dead), and petitioner left her." His wife then went as cook at the Telegraph Hotel, Takaka the- co-respondent, Wilson, then being employed as a waiter at the same place. Some timo after Wilson went to Wellington, and his wife 1 olio wed him later. '* They came back to Motupipi togother, and had been living there ever since. The reason he had not brought divorce proceedings before was that ho could not got the ovidencc, and he had not the money. 'By Mr. Hayes: A maintenance order was made against him under which he had to pay ss. a week towards his wife's support, and ss. a week towards the support of his youngest daugnter until she was 14 years of age He had not paid anything since the latter had reached that ago. His wife kept ■boarders at. Motupipi. He first suspected his wife's misconduct ivith Wilson in January, 1912. j Evidence as to improper conduct oy the respondent and co-respondent was o-iven by Hugh Wilson Hutchison, engineer, of Tarakohe, and Horace Haase, formerly barman at the lelegraph Hotel. . Mr. Hayes did not offer any defence, but submitted that the evidence as to adultery was not conclusive. _ His Honour said there V7as an admission of adultery in the correspondence between the parties. A decree nise was granted, costs on the lowest scale to be paid by petitioner to respondent, to be refunded by the corespondent to petitioner. THURSDAy7~MAY 29, 1913. JOHNS V. THE PUBLIC TRUSTEE. Reserved judgment was given by His Honour in the case of Annie Matilda Johns (widow of the late Israel Johns, of Nelson, baker, deceased), v. the Public Trustee. Plaintiff asked that provision for her adequate tenance and support under the Family Protection Act, 1908, be made by the Court. The estate of deceased was worth some £1400, and under the Avill plaintiff was left £100 per annum. Tho Public Trustee, as executor of the will, held that this sum was payable out of income and not out of capital, and lie declined to ■'pay more than the estate yielded. His Honour, after reviewing the facts, hold that plaintiff was entitled to £100 per annum, payable monthly, with costs £5 ss. Mr. 4 T Maghmity appeared for the plaintiff, and Mr. J. P. Hayes for the defendant.