The West Australian/1911/05/10/Petitions In Divorce

PETITIONS IN DIVORCE.

SEVEN APPLICATIONS BEFORE THE COURT.

Mr. Justice McMillan sat in No. 3 Supreme Court to hear applications by counsel with respect to the cases on the May Nisi Prius list. Subsequently he dealt with the applications in divorce included in the list, which were seven in number.

His Honour pronounced a decree absolute in the petition brought by Gertrude Amelia Cobbin against Morris Newenham Cobbin, and granted an application for permanent maintenance at the rate of 25s. per week, this having been the allowance made under a deed of separation between the parties prior to the institution of divorce proceedings. Decrees absolute were also pronounced in the following cases:—Ellen Qtuinlan, petitioner; John Quinlan, respondent. Nellie Ethel Pusey, petitioner; Isaac Dobson Pusey, respondent. Frederick George Brown, petitioner: Annie Brown, respondent; George Hurford and Stephano Magri, co-respondents.

Miarian Evelyn Walker sought a dissolution of her marriage with Thomas David Walker, the grounds alleged being adultery, cruelty, and desertion. Mr. W. M. Nairn appeared for the petitioner. There was no appearance for the respondent.

The petitioner stated in evidence that she was married at Bunbury on May 16, 1903. She and the respondent resided for some time at Bunbury, and subsequently they removed to the Eastern Districts, settling first at York. At the latter place her husband behaved badly to her, and she was obliged to seek protection with her mother at Meckering. The respondent joined her at Meckering, but his behaviour did not improve. On one occasion, on Good Friday, about four years ago, he was again guilty of disorderly conduct, smashing up the furniture and threatening her with personal violence. A few days after this he deserted her, and they had not lived together since. On March 27 last she observed the respondent enter a house of ill-repute in Perth, and as the result of inquiries she made she filed the present petition. In reply to his Honour the petitioner said that the first cause of the trouble between herself and the respondent at Bunbury was violent out bursts of unreasoning jealousy on the part of the respondent. The latter had ill treated her on several occasions.

After further evidence had been given in support of the petition his Honour said that on the evidence he must come to the conclusion that the respondent had deserted the petitioner in 1907. There had been differences between the parties, but the exact nature of these differences it was, as a rule, difficult to arrive at in the absence of the respondent. Whatever the cause of the quarrel they had apparently been unable to live in harmony together. Since 1907 respondent had lived either in Perth or in the Eastern States. About a year ago the petitioner became interested in the respondent's whereabouts, and from the evidence which had been given of the latter's doings his Honour regarded adultery as having been proved. A decree nisi, returnable in six months, would be granted.

Elizabeth Caroline Davey brought a petition for the dissolution of her marriage with Richard Thomas Davey on the grounds of adultery and cruelty. Mr. W. M. Nairn appeared for the petitioner, the only party represented.

The petitioner in the course of her evidence said that she was married to the respondent on March,31, 1904, at a registry office in Perth. They lived first at Subiaco and latterly at Victoria Park. Her husband, she discovered, was addicted to excessive drinking, and he was also guilty of repeated assaults upon her. On one occasion he blackened both her eyes with his fists, and she had had to seek the protection of the police against his violence. The respondent deserted her for weeks at a time, and she had had to work for her living. She had successfully sued her husband for maintenance, and was also awarded the custody of the child. The witness then recounted various circumstances in order to establish infidelity on the part of the respondent. In reply to his Honour the petitioner said that her husband was a book maker—"an all-round short."

After other evidence the Court adjourned till Thursday to permit further corroborative testimony to be adduced in support of the petition.