DIVORCE SUIT FAILS Decision Reserved On Counter-Petition
The Mercury (Hobart, Tas. : 1860 - 1954) Wednesday 10 August 1938 p 3Article
DIVORCE SUIT FAILS .
Decision Reserved On Counter-Petition
A suit for divorce brought In the Supreme Court at Hobart by RichardCharles Collidge, who alleged adultery by his wife, Elizabeth AnnCollidge was dismissed yesterday by the Chief Justice (Sir HaroldCrisp)
Petitioner named Robert George Turner as co-respondent.
Respondent and co-respondent filed a general denial of the allegation,and in an amended answer respondent charged petitioner with adulterywith Violet Curtain. His Honour reserved his decision on thecounter-petition.
Petitioner was represénted by Mr. E. W. Turner (Finlay, Watchorn,Baker, and Turner), and respondent and co- respondent by Mr. F. J.Wilmhurst (Ogilvie, McKenna and Morris)
Respondent, cross-examined further by Mr. Turner said har husband andTurnor at one time were like brothers but the latter left the housewhere he had lived with the family because of her husband's 'growlingand Jawing.'
To Mr. Wilmshurst: She was 60 years of age and had been married 40years.
Cyril Crosby Collidge, son of the parties in the suit, said he hadknown Turner for 30 years, and considered him one of the family.Statements by the witness Frost that he and witness had seenrespondent and Turner at Risdon were untrue, nor did he threaten toshoot Turner. He had never seen anything improper between his motherand Turner. His father had lived with him nearly 10 years, until threeor four months ago. His father repeatedly said, after separating fromrespondent, that he would be satisfied to speak to her and be friends.His father left his house after a quarrel over Violet Curtain. Witnesssaid that if his father could find money for his 'lady friends' hecould pay his debts. His father hit him across the face with a belt,And threatened him with a log of
wood.
FOLLOWED FATHER
Witness said he and men named Cordwell and Downie followed hisfather and Violet Curtain at Sandy Bay on April 26, and found them ina compromising situation.
Witness said that Cordwell, a private Inquiry agent, had had 'his handgreased.' 'He admitted my father had been to see him,' said witness.'He asked for the return' of a state- ment he had made. He suggested we shouldn't be too hard, and that some of the statement should be cutout. He didn't get the statement back.'
Vera Amella Collidge and Phyllis Martha Bax, sisters of the previous witness, also gave evidence.
Frank Downie corroborated statements by Cyril Collidge about following petitioner to Sandy Bay.
Co-respondent denied having com- mitted adultery with respondent he said there had been no suggestion by petitioner all the lime he hadlived at his house that he was 'carrying on' with respondent.
Petitioner, giving evidence in rebuttal, denied that there had beenimropriety In his meeting with Violet Curtain at Sandy Bay on April26. He said he had had no conversation with Cordwell about that incident.
His Honor, dismissing the petition, said he acquitted respondent and co- respondent on the charge of adultery, he did not believe them guilty for two reasons. Petitioner had said he became suspicious soon after co- respondent went to the house, about 1914 or 1915, yet he allowed him to remain some 13 years. He did not for a moment believe Frost when he said he and Cyril Collidge found respondent and Turne runder a hedge at Ris
(Contlnued In Next Column)
(Continued from Preceding Column)
don. He could not believe the son would have done nothing had that been so.
In regard to the counter-petition, His Honour said that if the parties likes to clarify the position by tendering further evidence he would hear it.
Petitioner' was ordered to pay Turner's costs.
Close