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2 corrections, most recently by anonymous - Show corrections

SUPREME COURT.

Thursday, August 29.

IN MATRIMONIAL CAUSES JURIS-

DICTION.

Before his Honour Mr. Justice Real

and a jury of four.

Howsan v. Howsan and Another.

Mr. Drake (instructed by Messrs. Morris and Heiner) ,for the plaintiff ;   Mr. Stumm (instructed, by Mr. Attbow; for the defendant ; and Mr. Rutledge (instructed hy Mr. W. II. Bell) for the

co-defendant

This was a suit for divorce brought by Mohammed Howsan, an Indian hawker, living at Arthur-terrace, Enoggera. His Wife's malden name was Allison John- stone. - They were married after a four mouths' acquaintance hy the Rev. J. Stewart on the 1st September, 1886, at the house of tifo plaintiff. The business

of the latter took him from home for   periods varying from one to three mouths. During one of these absences     it was alleged that, his,wife mado the acquaintance of the co-defenduut, John Black, who lived on Normanby Hill, Enoggera. The plaintiff sought a div-

orce from his wife on account of her adultery with Black, said to have been committed,in April and May last, and claimed 1000 damages. Both the de-

fendant and the co-defendant denied the allegations made against them, and the defendant charged him with having treated her cruelly. The co-defendant, while denying the adultery, said that plaintiff "by his neglect and his absences from home had conduced to the alleged adultery, and moreover had failed to supply her with the necessaries of life, with the intent that she should seek her support in a house of ill-repute. He  

also aecused the plaintiff of haviug mis- conducted himself with a sister of' the defendant. In his evidence the plain- tiff said that when ho went away from , home he paid the butcher's and baker's

bills, provided supplies for the house, and allowed his wife 10s. a week. Under cross-examination he denied that ho had

misconducted himself, with his wife's sister, or any other woman ; that he had ever struck or Ill-used her ; that he had cut her eye open with his ring ; that he had sued the co-defendant for "the dual purpose of getting rid of his wife and

securing monetary compensation. His

Cross-examiuatlon had not ' been con- cluded when the court adjourned until 10,0'clock the following mornliig.  

   

                   

           

                                    ¡                              

Thig M'as an action and counter action, arising out of a contract to " fall, bark, ' ^and haul" certain timber for use in the

erection of the manager's house and the ¡woolshed at Woolerina" station Maranoa district. The summhiR up of lils Hon mOut Mr. Justice Harding had been in- terrupted by a^suddou attack of Illness i'pu» the .provlous day. His Honour,

¿hough still seriously unwell, undertook to conclude lils suniuilug-up, and put tlie case* Anally to the jury, For that purpose counsel and the jury alone were admitted to lils Honour's chambers at about 10 o'clock in the morning, His "Honour thou finished his summing-up, 'And put several questions to the jury, who

immediately afterwards retired to their

. j oom.- They remained in deliberation

Until 3.30 o'clock in tlie afternoon, when k wits announced to Mr, Justice Real, fy'ho' had taken Mr, Justice Harding's 'jplace, that »they had agreed on their verdict. « Counsel were then prosout In tomrt

"j Mr. Justice Real said that the-doctors Attending Mr. Justice Haidlng would £lot permit any communication to be ipade to bim. The parties could con 'èent to hlui (Mr. Justice Real) taking too findings of the jury, or the jury

c^uld remain locked ud for an indefinite

time. Unless by the consent of the pirties he would not consent to take the

findings.

¿(Mr. Fee/ said he did not think there Spas, any doubt about both his friend' - fnd 'himself willingly consenting to bis

Honour taking the findings.

? j Mr. LiHeyJntlmated that he was pre-

saged, to consent,

Vi Mr.'Justice Uaal said he did not pro-

pose entering judgment upon the flnd

Ifags. > There was no reason why judg iient should be entered at once, and he »auld, therefoic; adjourn the matter Sitil a later date after taking the find ijgs. '

JJMr. Feez pointed out that the findings

feust decide the case one way or nu

. Shermond urged that judgment should

» «Isq be entered.

ÍMr Lilley said he would picfei the

atter of judgment loft o^ er until Mr istice Hardlngj\as able to deal with it

[Suffered'was a veiy severeione but it tiaight. not last, and ne might be able to liiend to the matter in a íeasonable one Ho (Mr Jusüce Real) then cn tied the following note lu his book - *'jn this case the jury Intimate to the

sterlff that they had agreed on their ptdict Owing to the illness of Mr Justice Harding, and the opinion of his

Jbedlcal adviser that any communication | ;ibout flie case to his Honour in the pro-,

eut state of his health would he unsafe,

tlind an*p attempt on his part to take the I rverdlct would be dangerous, I direct rftBe case to be called Mr, Fee?, counsel

fpr the plaintiff, and Mr Lillev, counsel for the defendant, came before me. I Intimated to *hem that with their con- sent I would take tho verdict, and In that event would prefer to adjourn -the motion for judgment for oue week in order that. If possible, the same may ,dp taken'before-his Honour Mr Jusfttee Harding, and at the request and hy the consent of the plaintiff and the defen- dant toko the verdict "

The jury were then brought into court, arid the foreman announced they had ^agreed on answers to the questions put .tdibem as follows -(1) Did the plaintiff

complete the contract ">-Yes (2) What 1 Is the contract value of the timber which

the plaintiff supplied to the defendant

and he should have nccepted ?-£360 4b "> Od. (3) What has the defendant paid the plainttff-?-£177 8s 5d Pour other questions were put, and to ,those *ihp Jury found no answer waa necessary, owing to findings just given, t

Mr. Lilley asked his Honour to put the

additional question, " What is the quan- tity of timber which the plaintiff sup. plied to the defendant and ho should have accepted ?"

Mr. Justice Heal said that question should have been asked to be put before, and he declined to put it

Mr. Feez moved for 'ludgment for the plaintiff for £1SS Ids 4d. on the claim and judgment for him on the counter

ein im

Mr. Justice ¿teal ndlonrned the matter until 10 o'clock on Thursday next.

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