"THREATENED TO MURDER ME"

NZ Truth, Issue 1293, 18 September 1930, Page 9

"THREATENED TO MURDER ME"

[WIFE'S STORY

Husband Denies Wife's Allegations and Says He Was Not Brutal and Bestial To Her CASTLETON FAILSTO SECURE DIVORCE (From "N.Z. Truth's" Special South Auckland Representative.) imiiiiitiimmiiiiiiiimniiimiiiiiiiiiimiiiimiiiiiiiiiiiimNimiiM 1 Although he and his wife have lived continually apart for eight years, [ ; | Louis Edward. Castleton, of Rotorua, failed to get a divorce either on the grounds | J of her alleged desertion or of mutual agreement to separate, when he petitioned | | Mr. Justice Smith m the Hamilton Supreme Court for freedom from his wife; | | Rose Violet Castleton. * | | Each accused the other of having a violent and uncontrollable temper, | | while the husband denied his wife's allegation that he was brutal and bestial m j | his treatment of her and had threatened to murder her. , | .

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THE couple had been married 28 years ' and had lived together for two -. decades when finally they parted. There were five children , of the marriage, one of- whom died. They were joined together at Northcote by the Rev. W. Greenslade, and afterwards lived at Auckland, Hamilton, Mahurewa, Pirongia, Te Awamutu and Rotorua. The final parting came when the parties were living at Rotorua, where they went about the year 1920. The) husband said he bought a place on the Taupo Road and took his wife and family, to live there. After a time his wife persuaded him to purchase another property and to leave the Taupo Road property to the two sons. In consequence of the pressure she thus exerted, he bought the famous I Fairy Springs, where brown trout disport themselves by the thousand m the translucent waters, to the, delight of the constant stream of summer visitors. , He alleged, however, that his wife. refused to join him there and shortly afterwards proceeded against him m the Magistrate's court at Rotorua, and secured a separation and maintenance order. Owing to a misunderstanding he was not present at the court when the case was . heard, and he later applied for a rehearing and managed to get the separation order cancelled, although the maintenance order stood. He told the Judge that he had contributed maintenance ever since, and his home had always been open to his wife to join him. He had communicated with his wife through his brother, but she had refused to join him. Petitioner referred to a scene that occurred m Rotorua one day when he was conversing with certain tourists who were staying* at Fairy Springs. , His wife approached and commenced to abuse him and told I the visitors not to talk to him as he rwas her husband. He told her to get away, and after some trouble she finally left the party. Petitioner was put through a stiff cross-examination by Mr. H. J. McMullin, of Hamilton, who appeared for respondent. Castleton denied that he possessed a violent temper, and that he was brutal and bestial to his wife. It was not true that he went to Rotorua m order to hide himself from his wife. Before he left foi) Fairy Springs he told her she could join him whenever she chose. He had never stopped her' credit, although she had never asked him for a penny.

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He declared that owing to his wife having failed to join him at Fairy Springs he had lost a fortune. He bought the place for £300 and sold it for . £1,000, but to-day they were asking £6000 for it. Mary Castleton, petitioner's sister-in-law, said she was, friendly with respondent, who refused to join hen husband. Respondent said she would not leave the boys. His Honor : How old were ' the boys at that time ?— Fourteen and sixteen. And if she had left them on the farm who would have cooked for them and done their washing?— Witness said she did not know. She stated that her brother-in-law and his wife had a serious raw at the Taupo Road farm. She intervened but failed to patch things up.

Opening: for respondent Mr. McMullin said the. parties had not been happy for many years before they finally separated. The wife alleged that her husband had a violent ancl uncontrollable temper, and that he was guilty of various acts of cruelty. She considered she was doing right to defend the suit, as she did not want to have to go before the world bearing the stigma of a woman whose husband had divorced her, especially as she contended that it was his brutality and bestiality that had brought about the-crisis. Respondent, Rose Violet Castleton, said that while at Pirongia she had to complain frequently about her husband's beastly actions, and there were frequent violent quarrels. On cr.e occasion when lie was attempting to assault her daughter, she * intervened. He then seized her by the throat and threatened to murder her. He had threatened to murder her on other occasions, once at the Royal Oak, Onehunga. He was also always threatening to go out with other women, and she had, on occasions, locked away his clothes to prevent him from doing so. She said that the only time she had ever lifted her >an<*/to him was when he caught her ftv*«ne passage one day and flung her on the floor and thi*eat-

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I ened to murder her. He had an uncontrollable temper. His Honor: That is what he says about you. — Yes, I know. His Honp,r: Do you say he was guilty of sexual cruelty?— Yes. Referring to their life on the Taupo ; Road, she- said her husband was always annoying her and violent quarrels followed. When he went to Fairy Springs she was hot anxious to join him, as she was afraid to be alone with him withi the young children, and her boys so far away. She had been forced to receive medical attention. V .XX ■ -" Respondent said there were only two rooms m the Taupo. Road house. Her husband left her after a quarrel m the cow-shed. The son came mat that moment and his father asked him, j "Am I a. disgrace." The boy replied that he did not know. It was not true that she packed her" husband's clothes m a sugar > bag and pitched them out of the door, telling him to follow them. Her husband simply cleared out. Cross-examined by Mr. Ray, . of Auckland, for petitioner,, respondent said there were continual bickerings', and her husband on one occasion, said he %would do for the lot of them and hang them to ! the rafters: She had never struck her husband but once, j and had always cooked his meals and] looked after him. The. Taupo Road 1 house consisted oniy of a. kitchen and bedroom. Referring to her husband's meanness, she said he kept her without money. He took her to the pictures at Rotorua, one night, and cursed her all the way home because he had spent 1/1 on her. A son of the parties, Bertram Louis Castleton, said his father used to fly into awful tempers over trivial things. He would grab respondent by the throat' and would set all the children crying. He would then let go 'After his father had cleared out, witness went to collect his razor from him. His father said, "Get to — — out of this. I am finished with the ■— lot of you!" His father was usually the aggressor m any rows. His Honor said an agreement to separate - had not been proved, and it seemed to him, on the evidence, that the allegation that the wife had deserted her husband had. not been established. , On the contrary it would, appear that the husband walked away from his wife and family. The petition was dismissed, and the wits was allowed costs on the highest scale.