ALLEGED WIFE DESERTION.

Auckland Star, Volume XXIII, Issue 254, 24 October 1892, Page 4

ALLEGED WIFE DESERTION.

A SINGULAR CASE.

MR TENNYSON COLE IN COURT.

At the R.M. Court to-day further evidence was taken in the case of Philip Tennyson Cole, who was charged under the Destitute Persons' Act with having on the 19th of October intended to deaerb his wife, Alice Mary Cole, and to leave her witboub adequate means of support. Mr W. J. Napier appeared for the defendant, who had pleaded not guilty, and Mr ). A. Tole for the complainant, instructed by Mr Lush. Dr. Giles, R.M., recalled Mrs Cole who, in answer bo questions, deposed that her husband did not say positively bow long he would stay in Auckland, but said he hoped bo remain three months in New Zealand as he had some commissions, and his pictures were ab Wellington.

Dr. Giies: Did your husband say anything about the person with whom he was travelling ? Witness: He said of course that she was singing for the Foli Company, under the title of Madame Cole.

His Worship: Did your husband mention her to you ?

Witness : _os; be said she would see me if I liked. Witness further abated bhab she had been working as a general eervanb for about five weeks, but was forced to give it up, being incapable of doing the work. She had also tried for other work, and wag forced to fall back upon needlework. She waa not able to make a living at needlework.

Cross-examined by Mr Napier witness said that defendant did not say to her that it would take three months to painc Sir George Grey's picture ; on the contrary he said he could paint it in a fortnight. Defendant did tell ber he hoped to eend £10 from Dunedin. Before the person, (who waß goiug under the name of Mrs Cole) came to Auckland, witness wrote to ber not to come here, and Eaid that if she did do so witness would expose her. That person dropped the name of " Tennyson," and therefore witne.a Ecarcely knew what to do. Mr Bradley came to witness to aak if she had any objection to that person using the name of Mrs Cole. Witness eaid she did nob know wbab to do, as "Tennyson" bad bren dropped. Witneas had always a great objection to thab person using her name. Witness wrote to Miss Rossow, the leading Eoprano of the Company, regarding the matter.

George Harry Snazelle, operatic artist, deposed that his permanent residence was in Melbourne. He knew tbe defendant, Tennyson Cole, as an artist and painter. He had a first-class reputation as a portrait painter, being at tho top of the tree. He lived in moderate style in Melbourne. There was a female with defendant in Melbourne who was understood to be his wife. Witness bad seen the person at their house. They always understood her to be his wife until she arrived here. She was introduced as bis wife. Defendant's place in Melbourne was a bouse with a studio built to it. Defendant bad painted portraits of many celebrities. Amongst them were Mr Gillies and Mr Peter Lawlor. He painted witness's own picture. Defendant had said to witnesa that he received £100 for a picture. When witness beard abouo Mrs Colo being here, he immediately wrote to Mr Cole, telling him that there was an impostor in Auckland railing herself Mrs Cole. As witness knew Mr Cole and another Mrs Cole in Melbourne, he wrote as a friend. Defendant afterwards told witness that it was utterly imposeible for them to live together, and tbat be bad come here to settle something like £1,000 on her. Defendant 'said he thought of giving her £1,000 and settling the whole matter. Witcess paid £25 for hiß own picture, but, as a matter of fact, it was done at that rate owing to their being friends. He believed he conld get £100 for the picture. It had a very beautiful frame. Mr Cole was so good-natured that in Melbourne he bad often painted pictures for friends at very low prices. Cross-examined by Mr Napier: Witness stated that it was just a flash in the pan when a man got £100 for a picture now in Melbourne. Witness only knew of three instances. Witness knew that it took defendant two months to paint his own picture. Witnees did not know that the bailiffs were put in defendant'- house and his goods seized. Defendant aeked witness for a payment on his picture. Witness also knew that the lady who travelled under the name of Madame Cole, was an artist who sang in public. Mrs James Smith deposed ahe had known Mrs Cole five or six months. She came to witness for assistance and offered to work for 2s a day, and her food. Witness did not influence Mrs Cole with regard to a deed of separation. Witness did not see any deed of separation. Witness wa3 present when the s.s. Warrimoo was leaving. She Baw a man in company with Detective Cbrystal on the wharf. She was informed that was Mr Tennyson Cole. Witness could not say whether or not the defendants Court was that man, as he had his hat on when she saw him previously. In answer to Mr Napier : Witness said she bad not bsen anxious to get these proceedings instituted. Mr Napier asked: Did not you take Mrs Cole to tbe editor ot the Evesikg Star in order to get the whole thing exposed ? Witnees stated that she was simply telling the editor the facts of the case. She told him the whole story because Mr Napier had already been there. Mr Napier : Did not the editor tell yon that I had merely been asking him not to publish the arrest pending possible arrangements between tbe parties ? Witness: No; the editor Bimply said you had been there. Dr. Giles said he did not ccc how this affected the case. The witness bad not said anything against the defendant, therefore it was unnecessary to try and show animus. Mr Napier asked witness whether she did not prevent Mrs Cole from signing the agreement. Witness replied that when she heard that Mr Tennyson Cole would give Mrs Cole £1 per week she said, ■« What, and no security." In answer to further questions by Mr Napier witness stated that she had been first interviewed on Tuesday last in the case. Since thab time she had retained Mr Tole, and said in the presence of Mr Lush that she woald pay Mr Tole's expenses and costs if defendant did what was right in the matter. She did not say to several gentlemen that she would not allow Mr Lush to act for Mrs Cole. Questioned by Dr. Giles witness said ehe told Mrs Cole that Mr Tennyson Cole had given no security for the payment of the £1 a week. Mr Tole did not take instructions from her. The steamer was alongside the wharf when she went down to the wharf. The steamer was not moving. A few moments before ebe saw Cole in the custody of Detective Cbrystal. William Wildman deposed that he had known Mrs Cole for the last ten months or so. She was in a very impecunious condition when she came to him. She was recommended to him by Mr Brackenrigg. Witness gave her employment for some time, and afterwards made application to the Charitable Aid Board for her passage to Sydney. Mrs Cole had spoken to him of her separation from her husband. In answer to Mr Napier, witness said he knew Cole, who had taken a studio in the Arcade. On Tuesday morning he lent Mr Cole a chair. At that time Signor Fob was eitting for his portrait to Mr Cole. Arrangements for painting the portrait were

going on when Cole went down to the Warrimoo. •

The next witness John Lush, solicitor for the complainant, deposed tbat he had been solicitor all through in tbe case. He knew tbe defendant. He saw bim first on September 12th. He came bo his office and said he had arranged to meet his wife at witness's office. Cole then said he wished to allow his wife a sum of £150 or £175. Witness made no reply to his remarks, and defendanb wenb away. About half an hour afterwards Cole reburned with hia wife. Cole retired while witness spoke with Mrs Cole. Cole then came in, and said he wished bo make his wife an allowance of £1 a week, and give her £175. If Bhe did not accept this, he eaid be would go away where bhj wife would not Eec him again. Mr Lush offered to take the £175, and Mr Cole then said he bad not got ib. His offer eventually came down to £5. This he said he would pay ab once, and another five pounds in a week or co if he earned it. Witneßß afberwards had some further conversation, and aaid he would take the £1 a week on behalf of his client if security was given. Mr Lueh asked Mr Cole to submit hia security, and deparbed, saying he would Eec Mr Napier. Nexb day Mr Napier, as solicitor for the defendant, came and offered £5. He said that if tbey accepted that, and if Mrs Cole remained quiet, his client would be able to earn something by painting pictures. The deed of separation was prerented by Mr Napier, bub witnesa did nob approve of it. He asked bo see a drafb of the deed, but it was not sent. Later on, Mr Napier sent an engrossed copy of the deed, but witneas made no writben approval of bhe deed. He thoughb ib an extraordinary thing for a solicitor to seed an engrossed copy. The deed was then baken away by Mr Napier, and witness never saw it until the present proceedings were pending. Mrs Cole called afberwardß, and said she would nob Bign the deed. Shortly after Mr Cole called and asked if Mrs Cole would sign the deed. Witness told him she would not. On the day Cole was arrested witness went down to the abeamer to see if Cole was leaving by the boats. He suspected tbat Cole was leaving from several things. Amongst others, that the portrait of Mica Binsted, who travelled as Madame Cole, bad disappeared from the Bbop window. When he arrived at tbe wharf he caw Cole on board tbe steamer. Ab 12.25 he returned to his office, saw Mrs Cole, laid an information, and obtained a warrant for the apprehension of Cole. In company with Mrs Cole and Mrs Smith, be went to the wharf, and, seeing a policeman, waß told tbat Detective Chrystal bad arrested Cole. The Bteamer waßatill fast to tbe wharf when witness arrived. LateronhemetMrsCole.wbotoldhim that Bhe had seen defendant arrested half way aloDg the wharf. He knew that Mrs Cole was dependent on her friends for help. The main thing objected to in the deed was tbat there was no security given for the fulfilment of the deed. Probably, if thia security had been given, Eome arrangement would have besa come to. Mrs Cole never instructed him bo approve of the deed.

Examined by Mr Napier : Witness admitted that Mr Napier came to him and offered to pay £5. Witnees did not ccc the money, but beard Mr Napier Bay that it was in hie pocket. , Witness and Mr Napier bad some conversation, in tbe course of wbich tho latter suggested a deed of agreement. Witness agreed that Mr Napier should draw up the deed. They discussed some of tbe covenants, which witness partly suggested. Witnees aleo agreed that it would be better not to make the matter public. He raised no objection to the deed as drawn out by Mr Napier, and asked Mr Napier to bring Cole over to sign it. Witness caw Mrs Cole, and she refused to sign tbe deed. Thero had been no offer of a picture, except Foli's unfinished head, but witness had looked on that as a joke.

Frederick Saintsbury, mariner, brother of complainant, deposed that his sister had been living with him for the last 12 months. Witness knew his sister had no means whatever. Witnesa further deposed that be was a married man himself, and bad not be9n able to do much for hiß sister, aB his wage was only £4 per month. His sister had bad shelter with him ever since ehe came to New Zealand, but she had tried to maintain herself. His sister had very little success, and email hope for the future.

By Mr Napier : Witness had written to his aUter when ehe waa in America, and stated that she ebould share what ho had.

Detective W. L. Chrystal deposed that be arrested defendant last Wednesday on the outer tee of the Queen-Btreet Wharf, about one p.m. The e.s. Warrimoo waa close by and about to depart when defendant was arrested. Defendant, when told why he was arrested, replied, "I thought so; I expected as much. You're a witness that I was standing on the wharf at the time you arrested me."

Cross-examined by Mr Napier : At that time the Warrimoo was still fast to the wharf, but the propeller was in motion. He believed the gangway had beon hauled in, and the bulwarks were close. An active man could have stepped on board easily. This concluded the case for tbe plaintiff. Mr Napier was opening the defendant's case when we went to press.