In H, M: Supreme Court on Thursday, his Honour Judge Peter Grain delivered judgment in the case in which Frieda Elsa Spencer petitioned the Court to grant a divorce from her husband William Henry. Spencer and also asked for custody fof the children of the marriage. There was a cross petition by the husband.
Mx, Tycho Wing appeared for the petitioner and Mr. S. H. Lewis conducted the case for the husband, Mr. Lewis was not, however, in Court' this morning and Mr. A. Covey represented the respondent on this occasion.
His Lordship came to the conclusion that the charge of adultery against Mrs. Spencer and Ludoif Dokse had not been proved but that there was sufficient proof of the: charge of adultery alleged in the petition against the husband. The cross petition of the latter ws therefore, dismissed with costs and a decree nisi, with custody of the children, was granted to the petitioner, Mrs. Spencer, access being given to the respondent. Mr. Covey gave notice of appeal and intimated that fresh evidence wot be adduced.
The full judgment is as follows:—This is a wife's petition for divorce on the ground of her: husband's adultery.
The petitioner states that the parties were married on December 1, 1920 and have had four children issue of their marriage and that on or about July 6, 1926, the respond ent committed' adultery with a Chinese woman whose name is unknown to the petitioner. And the petitioner asks for a dissolution of the marriage and the custody of the children, The answer of the respondent is to the effect that he denies that he has committed adultery, and that on or about September 16, 1926, the petitioner committed adultery with one Ludolf M, J. Dohse at 20 Tracey Terrace, Shanghai, and that jon September 17, 1926, the petitioner deserted her husband the respondent and took away the children, And the respondent claims a dissolution of the marriage on the ground of his wife's adultery and ushs for the custody of the children.
Text read from the printed page and cleaned; old type leaves the occasional error.