It was not, the learned counsel remarked, necessary to comment upon the law of the subject, but he would submit that in such a case there was no presumption in favour of a husband when moneys came to his wife —the presumption was the otlier way; and but for the fact that tbo defendant denied the receipt of two small sums ho would call upon the dafendant to provo his ; case. Tho evidence which the plaintiff relied upon was to this effect: The parties were living in Duuedin in IS79,'when the plaintiff's father, ; Colonel Garner, died in Ireland. They did not hear of the death until some time afterwards when a copy of the will was sent out. Mrs' 1 D'Albedyhll saw this, and learnt from it that her 1 father had left her money for her own separate use. She wanted to consult a friend about it ] but her husband told her not to do so, and took tho will away to tho bank, as he said, to prevent : the risk of its being destroyed by fire. The de fendant cautioned his wife not to speak to i anyone about the will, saying that if it came to 1 the bank's ears that money had been bequeathed to them the bank would refuse to pay him 1 his pension, the defendant being a clerk c in a bauk that paid pensions to its employes, s Some time afterwards the defendant, on t plea of illhealth, obtained leave of absence i from the bank. Mrs D'Albedyhll wished to c visit a friend in Auckland, but the defendant t declined to go there, and wanted to go to i I Temuka and live there next to a woman who s

had been the source of much unhappiness. 0 Subsequently the parties went to England, but be not for the purpose of getting the money, as it ai was unnecessary for them to leave New Zealand pi so far as obtaining the money was concerned. £. Ihe first sum obtained was a sum of £150, to oi the draft for which tbe plaintiff obtained tbe su defendant's signature. Unpleasantness arose T between the parties from the time it was knowu that money had beeu left to the wife. 