ALLEGED WIFE DESERTION.

Auckland Star, Volume XXIII, Issue 253, 22 October 1892, Page 5

ALLEGED WIFE DESERTION.

A SINGULAR CASE,

SOME REMARKABLE ALLEGATIONS.

Phillip Tennyson Cole appeared at tho Police Court this morning before Dr. J. Gilo?. K. M., to answer a charge of having on the 19th of October intended to desert hi.-- wife, Alice May Colo, and to leave her without adequate means of support. Mr VV. J. Napier appeared for the defenrtunt and pleaded not euilty. Mr J. A. Tolo appeared for the complainant, instructed by Mr Lush. He said that, besides asking for an order for maintenance, this was a case in which he would ask that good suretios should be required for tho payment of whatever order was made by tho Court. He knew of no case which presented to his mind such features of refined cruelty as the present) one, and owing to these peculiar circumstances he felt all the more the necessity that existed for justice to be Mr Napier said his friend was evidently under a misapprehension. Whab was charged was attemptwMasortion, but Mr Tola was evidently gu-~_ -J refer to matters that happened anterior to the date set forth in the information. Dr. Giles said anything tending to show motives would be evidence, but it. must, of course, bear upon the charge laid in the complaint. Mr Tolo said he wished to show that the defendant had violated every moral code, and cruelly ignored his le"al responsibility. Ho was anxious nob to cause pain to any one ; bat as for the defendant, he had no sympathy with him whatever. The facts were that complainant and defendant were married in March, 1885, and they lived comfortably together until 1889, when the defendant lefo her in London and wend, as he stated in his letter, some thousands of miles away. He took with him another person with whom he had lived for some time as his wife. The defendant left behind him a letter extolling the virtues of his legitimate wife, and expressing penitence at his own enormities, but at the same time the latter was most ecstatic in his references to his new alliance. Mr Napier aaid that he might have to ask for an adjournment to ascertain whether his friend wa3 relating facts, or merely going into a rodomontade. Mr Tole said he was speaking facts. After leaving his wife the defendant went to Anstralia. Hia wife received a letter from the Cape. She learned that defendant went on to Australia, where he had been living in some considerable style, and endeavouring to create a reputation as an artist. The defendant had left his wife to struggle on in England. Any little furniture was covered by a bill-of-sale. To do the defendant justice he must state that be also left his wife £30. She went to America and learned to be a typewriter, and thus struggled on. Subsequently the defendant sent her another £15, and since then she had not received another penny from him. All shehadreceivedfrom defendant was £45 in three years, t.nd that from a man who was heralded forth aa an artist of reputation, who got hundreds for a single picture. The worst feature of the sftair was that the defendant had the effrontery to come into the very city where bis wife was living. Ho came here in state with another person who took the name of his wife. His legitimate wife was practically destitute, being ,dependent entirely upon jfrieods, and what little she could earn. She had found it almost impossible to get "any permanent 'employment here, Bnd as her brother had only £1 per week to keep bis wife and himself, he could not jlivo her much assistance. The matter rested thus: Either'this man must support hia wife or she might be left a burden upon the ratepayers of thia colony. Mr Napier here said thai the husband was perfectly willing to support his wife, Bnd had always been ready to do so. ■ Mr Tole said tho defendant was here fiow. The Lord had delivered him into their bands, as it were, and they wanted to Secure some allowance. Tho man vraa going about with a bubble reputation as an artist.

Mr Napier: "Ifit is a bubble reputation, you cannot expect much from him." Mr Tole Baid the defendant had a reputation as an artist. He painted pictures for the nobility, and he gave his wife £45 in threeyears. This was possibly thelastchance the wife would have of securing justice. He was here to-day, and away to-morrow. The wife had reasonable erounds to suppose that defendant was going away last Wednesday. True, he had offered her £1 per week, but what was the value of that when he might be away the next; week. They had defendant now, and he asked the bench that an order shouuld bo made Becuring an allowance to the complainant. It might be that the defence would beset up that an allowance had been offered, but the draft of the agreement contained a most coarso and cruel clause. The wife was asked to shut her mouth for ever, provided she got £1 per week. Mr Napier said, I prepared that deed. It contains no such provision.

Mr Tolo said the deed provided that the Wife was not to publish or cause to be publißned anything regarding the differences between them, or to publish anything whereby the reputation or good fame of the said-Philip Tennyson Cole Bhould be aspercci'

Mr Napier snid Mr Tole bad evidently been miiunstructed, fur the clauses referred to wera Inserted on the suggestion of the plaintilTi) solicitor.

Dr. Giles said the sooner they came to facts the bettor.

Air Tola said all he wished to state was that it was no defence to say that £1 per week had been offered. The deed was drafted by the other side. Mr Napier: At Mr Lush's request, and he suggested various alterations. Mr Tole said it wns simply a question whether or not now they had this man before the Court he should not be compelled to provide tor the support of his wifo.

Mrs Alice Mary Cole deposed that she was the wife of Philip Tennyson Cole, the defendant now in Court. She was married in March, 1885.

Mr Napier said to shorten the case he was willing to admit that complainant's husband had left her and had not contributed towards her support. Dr. Gile3: That he left her and went sway with another woman, and only sent his wife £45 in three year 3. Witness further deposed that her husband got £216 from her, which he had not refunded, excepting the £45, He left her in May, 18S9, in London. She received a lettet from defondunc after he had gone away.

Mr Napier said there was no reason why that letter should be read, unless Mr Tole wished to puff himself, or disgrace the defendant and blast his reputation. Mr Tole said he had no wish to puff himself or disgrace the defendant; He could not disgrace him more than he was already. MrTolo then read the following letter from defendant:—" Thursday 16, 1889. My poor Jonesy.—l have horrible and sad news to .send you, ioo dreadful for me to think of, but I made up my mind to carry out a plan, and fate has assisted me to be Baccessful so far. lam afraid that yeu will not see me again, or at least for years for before this will reach you I shall have left ?ne of four docks in a ship that makes a journey of some thousands of miles. I don't wish to escape or shirk my pecuniary responsibility with you. No! I herewith send you £30 ; it will keep you till the nexb arrives, I will

send it to Drummond'e in your aantie'a name, who will forward ib to you, but 1 do pray she will nob forsake you as 1 am doiug, I have a reason, and you know ib well. I do this that you may geb a divorce, for I lind that my views of our future happiness are the same as when we diaoussod them. 1 love you. You have done everything a man could expect, and 1 am dreadfully surry thac the lack ot one thing drives me tot tike this stop. I am either nob stupid enough or man enough to do wbat Prince Kuuoiph did, but 1 fe&l I should be driven to id, were my object to be trustrated, and you would not be a woman if you did not attempt to do this. Thus I clear right out oi the way, for it's too much to piny a double game long. 1b would only moan absolute ruin to yourself and myself. 1 regreb the mistake on the 25ch March, '85, and will try and make up for it in tho future. I leol this new departure is tho only thing to bring me to my senses, thab 1 may become a man in the full meaning. It's cruel 1 feel sure.but it's no ueo stopping now. I trust your aunt will take you on the Continent, or enable you to go to America. 1 will send you money. I promise you I can do ic. You kDOw I enn save money, but my past mode of living would oreak a bank. Kitty goes with me, and 1 have made- no mistake in choosing her 1 can assure you. Don'b rush up to London because I am gone. Think matters over with your aunt, and ask her to be a friend in the greatest hour of need. The furniture is ab 27 Clonctm Road, the very spot you admired ab Walham Green. Two of the rooms are ready for you, but 1 trust you will not require them. 1 am leaving this place now whiist posting this letter, so don't go to Grove House. Avoid tho Fulhum road, and tor God sake don't go to Colonel B. I will write a few more lines before the ship moves, but must catch this 5.30 post or your aunt will be gone. Good-bye, God bless you and forgive your unworthy husband, Tennyson Cole. Do look at. the affair rationally. lam not worthy of a moment's thought I know. Don't blame Hetty. She 13 no more wrong than you are. Its all my fault. lam an unfortunate devil and must have my way at any hazard. This afiair has cost me £160 cash since your departure, and 1 have had to work to raise it, and in my present condition, it shows whab a man can and will do. Of course I will write to you if you wish, and I hope you will let me know where you are and where you geb to. When you hoar from me I shall always think of your superior character and try and remember the many many good things I have learnt from you and worship you in distant reverence, for I cannot and never could see a fault thab you could be responsible for. it is purely the fault of existing circumstance, over which we have no control, that lam going away. lam confidenb this state must come, and better now. It's absurd to think we could part by shaking hands. — Tennyson. Continuing the evidence witness said her husband did nob tell where he was going, bub ehe next heard of him from the Capo in June 1889. He told witness he was getting on svell in Tasmania. Since sho gob £15 from him from Hobart she had received nothing. She had communicated with him sifice, but had only got £45 during the whole three years. Witness's brother had offered her a home in Auckland, and she wrote to her husband from Boston (U.S.) to Melbourne in May of last year, asking him to pay her steamer fare to New Zealand. She found that defendant received the letter, bub she got no reply. Witness was getting her living as a shorthand writer and type-writing clerk, which business it cost her £20 to learn. The furniture in her own house in London was under a bill-of-salo. She came to New Zealand ayearago. She could not-find any •employment in.her line of business in Auckland ; there were no women employed here. Sho had known what it was to be without food. She had no certain means whatever. She had an aunt who helped her occasionally, but this source was not to be depended on. His relations had sent her sums amounting to about £20 in the year. The aunt had known about her husband's misconduct. Th>»t source of help might stop, at any timo. She heard no more of her husband until ho came to New Zealand with the Foli Company. She saw by the newspapers thab he was ab Wellington.

Mr Tole here put in a newspaper containing a report of a concert, which His His Worship declined to take as evidence.

Witness first saw defendant again when he came to her brother's houso where she was staying. He wanted a fow minutes' conversation with her. She referred him to her solicitor, Mr Lush. She would not speak to defendant. Next morning she saw him in Mr Lush's office, whon ho offered her £150 down and a sum of £1 a week, but refused to givo any security. Defendant showed her his press notices and photon of his pictures, and he promised that lie would furnish a home for hor as she wished. He did not pay witness the £150. She first heard the deed talked of on Wednesday last.tbe day defendant was arrested. Witness before tbis saw defendant on two occasions, when he oflere'l her slight presents, including an opera ticket, a photo of himself, and a length of dress material. She accepted 20a which he gave her. Witness refused to sign the deed last Monday, and when this had fallen through, she thought that defendant would most likely try to get away. She knew he was aboard the Warrimoo on Wednesday last, and feeling sure that he was going away she took steps to stop him. She met him accidentally in the street, and he seemed startied when she said that) she was going to see the Warrimoo offi. Defendant told her that he would give no securities, and that he had gone away before and would go away again. He had his eye on two or three parts of the world. She saw him going down to the ship with a parcel in his hand, and when she saw him returning after he was arrested, with Detective Chrystal, he had no parcel, before this defendant promised he would do nil he could for her. Defendant had a studio in Melbourne, and he told her that he was paying £4 a week for his studio and £3 a week for board and lodging. He told her he was doing well. He had sent her notes to meet him. Yesterday he had sent her four notes to meet him. Mr Napier came to see her, and immediately afterwards she got a note asking her to meet defendant. She believed that she would not see defendant again, and that this was the one chance she bad of getting help from him. She wanted security. Her brother was second cook on board the s.s. Clansman and was earning only £4 a month.

Cross-examined by Mr Napier*. On the first day he saw witness, when she spoke to him, ho ottered her £5. Witness was now thirty • four years of age. She did state her age on her marriage certificate. She did not tell her husband after the marriage that the first statement as to her age was untrue, and that she was ten years older. She bad been living at her father's house for a. year before they were married. Witness first employed Mr Lu?h as solicitor a month ago. Mr Lush had told her that Mr Napier had suggested a deed of separation, and witness agreed to this to a certain extent, She did agree that Mr Lush wos to act aa her solicitor in connection with cho deed of separation. A draft of this deed had not been read over to her by Mr Lush. She knew that Mr Lush approved of the deed of separation. She did not see an ongroased copy of the deed of separation. An appointment had been made to execute the deed at Mr Lush's office. Mr Lush had not shown her a copy of the deed. (Mr Napier here produced a copy of the proposed deed of separation and read it.) Wit-

ness said that Mr Lush had explained raosb of tho clauses in the draft to her. She did not approve of the- deed and she would not sign ib. She did not promise to sign tho deed if three further I covenants were put in, and she did not instruct Mr Lush to get new classes inserted. On one occasion she wont to a hotel with him and had tea. Ho there ofiered her a ticket to Sydney and promised to do what he could for her when she was there. She also told him thab ahe did not like Sydney she would rather go to England." He told her that his work in New Zoaland would bo finished in five months, and thab he would then go to Sydney. He told her that he might got a commission to paint a portrnib of Sir George Orey* As long as she understood Cole to be honest Bhe was quito prepared to let matters be quietly settled, but when she found that he would giro no guarantee beyond his word for providing for hor support, she institutod these proceedings. She took action on her own account and w»b not prompted to do so by Mrs Smith. She did not know that tho proaonb proceedings had ruined her husband's chances in Now Zealand. Witness said she was convinced that she could not roly on Uolo'a word to pay the money, and therefore she refused. Mr Cratfcan Biggs was tho next witness called. Ho dopoaed that he waß a comedian and was with Cole on the wharf when tho Warritnoo loffc. He was speaking to him at the time tho gangway was taken np. There was nothing to show that Colo was trying to go away unobserved. Witness loftColo to talk with some friends. Ho did not see a man get on board the steamer at tho last moment. Colo might have been arrested by Dococtive Chrystal, but witness did nob foe the arrest.

Further hearing of the case- was adjourned till Monday.