Some more detail from Kerry Weekly Reporter:
DUBLIN CRIM. CON,CASE
HEAVY DAMAGES _AWARDED.
On Saturday Master Courtney and a jury of 6 sat to access damages in tho case of Wnittnker v. Berry, which was an action to recover £3,000 damages for crim con. Mr. Samuela (instructed by Messrs Horan and Short) appeared for the plaintiff. There was no appearance for the defendant, judgment, having been allowed to go by default.
Mr. Samuels, in opening the case said actions of such a nature as this were as rare in Ireland as they were pitiful.
The plaintiff Dr Whittakcr, was managing partner in the firm of Fannin & Co. Grafton Street, and lived with his wife at Sandycove until September 21st last, when she eloped with the defendant, and it would be proved that they traveled together in the Norman Castle to Cape Town, where they were at present residing. The defendant, Mr Berry, apparently occupied a position of respectability, and lived in a house on Marlborough road, and they had ascertained that he had house property at Killeshandra. On February 2nd the plaintiff had obtained a divorce in Judge Warren's court.Dr. Whittaker deposed he was licentiate of the College of Physicians and of the College of Surgeons, Edinburgh.On February 4th 1875, he was married to his wife, Catherine Kelly. He was in his twenty-second year, and his wife was some years younger. At first he lived in Amiens street, afterwards in Marlborough road, and eight years ago they went to live at Sandymount.They had had no children. In the beginning of 1893 his wife absented herself from his house for five consecutive nights. In consequence of what she said he made inquiries at her mother's house and found she had not been there, He consulted his solicitor as to a separation, but after an interview with his wife and her mother he forgave her. On the evening of September 20th his wife came in about half past 11 o'clock, just as he was being called out to a sick call. On September 21 he left his wife in the house when he went out for a swim he never saw her afterwords. About a year and a half ago he was with his wife at a dance in a friends house ; he remembered the defendant being there. He was at a flower show in November 1891 and saw his wife and defendant together. He asked his wife where she had been all the night and she replied " In the tea-room with Mr. Berry." Don't you recollect him ? "' Mr. Berry appeared to have a good social position, and held for some time an appointment in the Co-Operative Stores, D'Olier street.
To the Master—Had always been on fairly good terms with his wife, At the time she went away they were on friendly terms.
Alfred J Boyle, steward, and Margaret Scott, stewardess, of the Norham Castle proved that on the voyage from Southampton to Capetown to which the Norham Castle sailed on September 23rd, and which lasted seventeen days, Mrs Whittaker and Mr. Berry traveled together as Mr. and Mrs. Berry.
Mr. Joseph Short, solicitor, deposed he hod made inquiries to ascertain the means of the defendant James Magee Berry, and found he was entitled to "some house premises in Killeshandra"
The Jury awarded £1,500 damages
