COHEN V. COHEN.

Auckland Star, Volume XXVIII, Issue 151, 1 July 1897, Page 2

COHEN V. COHEN.

SUIT FOR SEPARATION,

A sequel to the alleged " husbandbeating " case Cohen v. Cohen ab the Police Court come time back came up in the Court yesterday afternoon, before Mr T. Hutchison, S.M. Benjamin Cohen, watchmaker of Uppor Queen - street, was charged with that he had been guilty of persistent cruelty towards his wifo, Fanny Cohen, and of wilful neglect to maintain her. She further applied for a separation order under the Married Persons Summary Separation Act, and for the legal custody of the two youngest children, Rebecca and Rachel, and asked that defendant be orderod to contribute towards their support. Mr Brookfield appeared for the complainant and Mr Harrison for the deMr Brookfield said that ever since Cohen and hiß wife and family arrived in Auckland the defendant had continually been guilty of petty cruelty bowards his wife, whoae life had consequently boen made a perfect micery to her. He had also declined to support her. An areumenfe took place as to the past period to which evidence regarding alleged acts of cruelty for both sides should be 'limited. The Bench objecting bo go back to tho past domestic history in Victoria, Mr Brooktield said ho would limib the period to the last six months. Mrs Fanny Cohen gave evidence as bo her relations with her husband since her arrival here from Australia. She said her husband did nob treat her as his wife, and sho was nob treated as tho mother of her children at all. The children wore reauired by her husband to call the eldest daughter " mother," and not her (the complainant). The eldesb girl, Bella, was about 18 years of acre. Bella kept all bhe money, and was tho " boss," while complainant did all the dirty work. On one occasion the children all tied her up with « rope in a chair. Her husband enme in but did not punish or reprimand the children for their conduct. Her little girl Dt-boralr sent for a neighbour, Mrs Marks, who came in and untied her. Her husband had frequently struck her, und had left marks on her. Her husband kept the groceries and food in his watch-making bliop, and when she wont in to got some he orderod her out; and struck her and tore her dress. Mrs Cohen went on to say that last Friday week he struck complainatib and also Deborah, and after the disturbance she went out and ho told her nob not to come back to the house any more. bhe then went up to ccc the Jewish Rabbi and then compiuined to the police. Her husband kept all \tho " luxuries " iv his shop ; complainant was nob evon trusied with the *alt herrings. Cohen would nob let hei geb any food unless the girls gave it to her. He would nob evon lot the children go oub walking with her. She had not even seen the colour of any of her husband's money since she arrived here ;he never gave her any. On several occasions he ill-treated her, and a fortnight ago he flow into a passion with her, threatened to "screw her neck oil," arid gpat in her face. He had many times said he would nob recognise her as his wife. She would have been glad if he bad even treatod her as his servant.

Cross-examined by Mr Harrißon, Mtb, Cohen paid she had never gone into the «hop and thrown clocks at her hu«band. She had never thrown boiling food at her hu»' band. She did nob know whether or not she waa fined in court in Nottingham for assaulting a Mr* Lovi. " I was not fined, I don't remember, 1 don't know nothing," she said. Subsequently, Hhe eaid she hud never been fined in Nottingham for assaulting her neighbours. Har husband kept "luxuries " such as butter and raisins in the shop, and that was a grievance sho had againat him. Ho should allow hia wifo to havo charge of thorn.

Mr Harrison : Did you over strike your husband ?

Mra Cohen : No, I neror struck him. I wish to goodness I could strike him (Laughter.)

Mr Harrison a*kod witness several questions a8 to a person who was in the whop at the time she had a quarrel there with her husband, and at last she exclaimed, " Oh, you have asked mo so many times that I am getting tired of it." (Laughter.) In further cross-examination Mrs Cohen said her husband " chucked " the daughter Deborah oub and struck both the daughter and wile. On one occasion Cohen book the children on Sunday morning down to the wharf to go on a fishing excursion. He would not take her, ho she ran after him, and he ran all the way, and on arriving at the steamer told the captain that a " mad woman" was following him down the wharf, and that she was nob his wife. Serjeant J. Kelly deposed to Mrs Cohen nnd her daughter Deborah coming to the Police Station, with the Rabbi, and complaining that Cohen had turned them out. He wenb up with them and tried to persuade the defendant to take them in, bub he refused to do so.

Deborah Cohen, a girl of aboub sixteen years of age, one of the daughters, depoaed bhat her father would nob breab her mother aa his wife. He had often told her (Mrs Cohon) that he would no more recognise her than " a black cat running aboub the gtroet," (Laughter.) Her two Bisters, Bella and Sara, took the " missus's " place in tho house. Sho (Deborah) upheld her moth,.r, and ao her father said he did not own her os a daughter. She had many tiroea seen her father Btriko her mother. On ono occasion he ordered her (witness) to leave the house, and as she would nob go he said he would throw her oub. He then wenb upstairs to say his prayers (laughter), and came down again after listening to what she was saying to the other girls and knocked her aboub tho faco. He then ordered her mother and heeself oubof the house and lockod tho door after them. Aa a rule the the resb of the family did nob call Mr Cohen " mobhor," excepb when they forgob themselves. (Laughter.) They usually called the eldest girl, Bella, "mother." Witness was the only ono of tho elder daughbers who preferred to side with her mother.

Miss Lizzie Porter, Secretary to the Women and Children's Protection Society, also gave evidence with regard to allegations of cruelby made by Mrs Cohen which had come under the notice of tho Society.

Mrs Marka, boardinghouse keeper, deposed as to Cohen's ill-treatment of his wife. On one occasion witness went to the house and found Mrs Cohen tied down in a chair with a rope, bwo children holding her hands while the eldeab daughter beat her and tore her hair.

The case was at this stage adjourned till Friday.