SUPREME COURT.

Wairarapa Daily Times, 8 September 1926, Page 5

SUPREME COURT.

MASTERTONSITTIHGS. AFFILIATION CASE APPEAL. The case, Frederick William Harrington v. Eleanor Rvan, an appeal against an, affiliation order' madc .by Mr A. M. Mowl.em, S.M., on ...the...ground? tliatUhe decision, was against „. the, weight of evidence, and .that there was no corroborative evidence, occupied the. Supreme Court yesterday afternoon. The case Was adjourned until this, morning, when legal. .argument ‘‘vas. heard. Mr. Hay, who appeared for respond-' t, outlined the points of corroboration upon which he relied. Mr Jordan, for appellant, contended that the story of respondent was unbelievable, and that the story was not corroborated materially by an independent witness. ’" ,'His Honour remarked that so much: fresh evidence had been called on this occasion, in addition to-that placed (before : the Magistrate, that Mr Jordan: might abandon his grounds for the ap--peal that the-decision of the ; Magistrate was against the weight of evidence. Tlic case had now. been heard all overagain, and. His Honour said, the, two points to, be decided ."were;- Was the girl’s story to be believe,<l, .and i.f, ii:'-whs to be believed,'was her story ebroborated on some material point. ' ' After Mr Jordan had argued at some, length, Mr Hay rose to reply, hut His, Honour said that In. did not require to hear Mr liny. His Honour said that he was quite satisfied that .there was ample corroboration; of the girl’s story, and most of it was provided by the appellant himself. His Honour detailed at length the' points of corroboration, which went .to prove the girl’s story to be true. His Honour said he accepted the .girl’s story and believed it to be true, and as it was corroborated by independent testimony, the appeal must fail. Costs were .allowed against appellant. AN APPEAL DISMISSED. When the appeal case, .lack Richards versus Lila Rhode Hayward (appeal against an affiliation order, on the ground that the decision of the Magistrate;-was against the weight of evidence, ami that there was insufficient corroboration),] Mr Pragnell (for appellant) said that he had agreed that Mr Daniell (for respondent) should first call a witness who had not given evidence in the lower court. After this witness had been heard, it may not be necessary' to proceed at length. This witness was Sam Kingi, taxi driver, of Carterton, who said that on one occasion Richards had wanted him to drive Miss-Hayward and himself to ■ Wellington. | Richards had said that he wanted to marry Miss Hayward. After the ease in the Magistrate’s Court,; Richards, had made a certain admission in witness’s presence. ...

Mr iPragnell said that-in face of!.this i witness’s evidence he could not arguo the question of -corroboration. “Then the appeal must fail,” said His Honour.

'“Yes, .that is so, Your Honour,” replied Mr Pragn-cll. •His'Honour said the appeal would be dismissed, with costs. His Honour also modified the Magistrate’s decision by allowing the respondent £5 os medical expenses. DISCHARGES IN BANKRUPTCY. Discharges were granted to the following bankrupts: — Thomas J. -Rathbone, saw-miller, of Carterton. Arthur Brightwcll, contractor. . Alexander McKay, fanner, Elcetahuna. Robert Frank Wilton, farmer, Featherston. In the matter, of Arthur Manns, a motion for an order reversing rejection of proof of debt, His Honour dismissed • the motion with: costs. Mr Pragnell appeared for the D.O.A. DIVORCE CASES. George- Mauihcra petitioned for a divorce from his wife on the grounds of mutual separation. George Manih-era, a Maori, said in evidence that he had separated from his wife in November, 1918, because they 'could not get on together. They were always quarrelling. The child was in Gisborne, and witness paid for its support. Witness bad not lived with his wife sineoi November, 1918. Wiremu Mi Here, another Maori, said that he knew that Manihera had lived apart from his wife for the last six years. A decree nisi was granted, to be moved absolute in three months; interim custody.of the- child to be given to petitioner. Elizabeth McLaren, petitioned for a divorce from Duncan McLaren, freezing works foreman, on tlie grounds of adultery with Mrs Dora King. After 'hearing the evidence, His Honour granted a decree nisi, to be made absolute after three months. 'Costs on the lowest scale were allowed against respondent. -