WIFE'S ALLOWANCE.

Auckland Star, Volume XLIV, Issue 28, 1 February 1913, Page 17

WIFE'S ALLOWANCE.

-GVO A YEAR AND A TARK LANE FLAT

JEWELS FAWNED TO FAY OFF BROKERS. Mrs Elizabeth Agnes Hobson, of Park • Lane, sued her husband, Mr Clement ' Hobson. of Albemarle Street, in the King's I Bench Uivisioil of the London Courts on ' December, before Mr Justice Banker, lor I tU'J alimony and t'".M. three quarters' rent. lof tier tlai. j The defenilant pleaderl thnt the agreement 1 sued upon -.v.is a voluntary one, and It it I wus not voluntary. th.it his wife was not I entitled to sue upon it hy reason of her i alleged misoondcui anil that divorce procecdi'.iiiis were impending. I Mr Uose-lnnes, counsel f»r the plalntifT, ! saiil the parties were married about ten I j ears ago. In Poccmher. inut. the husband j left Ills wife. On the 20th of that month !he -.vroie io h.-r: - •-.My dear Lib —I have not written to you before, as I wanted to turn matters carefully over iv t.iy mind. Unless, of course. | yon have changed your mind about divorcing rue the following is what I will do: : Allow you £."/«> a year, or £1- per week, and paj the rent of tbe ti.it. which is £4r.0 |.i \.-.-ir. For the present you can also hare | the use of one uioi-r. and I will pay the ! expenses, which you know are not light, ii dn not wish to remove a siuglo piece o" | furniture fr"in the flat, nor do I want to 1 enter it. ] "The only .nnd:-, ion I make is rhat 1 jhave uiy clothe*. cigars, photographs, racing Imps, and small personal articles. 1 should I l ! ke my 1..--.ks. if yo.i don't insist. You |.-an retain the furniture. 1 want peaceable 'possession of the cottage (.it Maidenhead!. | where I prop-.se going lo live. 1 shall also jhure to make it a condition that you don't got into debt. If you want extra mor.ev !ar any time and I have it. I will give it |to you." | IIORSKP. JEWELS, AND HOUSES. ] Having received tlrts letter, the plaintiff, counsel said, rang her husband up on the telephone, and asked him to come back to her. lie replied that ir was impossible, as Ihe wished to live apart. She said If that were so she accepted .he terms contained .in his lever. | It would be found, said counsel, that the defendant had acted in accordance with the terms in tlie letter up io a comparatively rooout date. In Juiy. iflll, he wrote to his [wife to the effect that he would begin to pay her £1 per week, but she must pay | the rent. The letter went on: "You do not seem lo realise that I have ' been cxirotuely kind and generous. Most ! men would have left you ;u ten weeks. j instead of ten years." j Th.' defendant, said counsel, instead of ! keeping to his original bargain, reduced lliis wife's allowance to £10 per week, and I the plaintiff had to pay three quarters' i rent. I Proceeding with his letter, the husband : spoke of having given her "horses, jewels. town and country houses, no lark of money: only to receive ingratitude in return." ANOTHER WOMAN Mrs. Hobson. wearing sables and a large black hat. said that in December 1010 before her husband left ber they had certnin differences. Was there a que.«tion about another woman? —Yes: he has been living with her j about nine months. Mr. Healy. interposing, said the witness should not answer like that, as so far as !he was .-onoerned he did not propose to ask i her any questions about proceedings in another place. Mrs. Hobson said when she received her husband's letter of December 20 she was very much upset because until that time she did not think he had left her for good. She implored bim to come back. He said he was madly in lore with another woman. Mt. Healy objected. Mr. Hogg (to the witness): I do not want you to go into the reasou. but was any arrangement come to? Mrs. Hobson said she accepted the terms. Her husband had everything he had asked for in his letter. In September 1911. after her husbaud had reduced the payments, brokers came into the flat and she had to pay them ont. Cross-examined by "Mr. Healy: Hex husband made about £10,UK> a year and she thought he ought to allow her at least £I.<XX> a year. Is ir not right that j-onr husband only left yon when you had been out several nights and refused him any explanation?— Wholly untrue. 1 had been to my mother's. Mr. Hobson had giTen you enormously valuable jewels?— Yes. And he has been driven to take divorce proceedings against you?— Not driven. Mr. nealy: Are yon aware that the rent you are claiming has been paid by yovrr husband?— Then why did they put the brokers in on mc? Had you enormous sums of money?— No. I pawned my jewels for the money. Mr. H-ealy said that the d-erfendant left his wife on Christmas Ewe. Afterwards she sent a Christmas message to him. He did not receive it at once and. regrettiug that, he wrote ro her, in the fulness of his heart, the letter of December 2_. Neither lof the parties, counsel suggested, looked upon that letter as a contract . | ALLEGATION OF GAMBLING. Mr. Hobson. the defendant, giving evidence, said a pearl necklace "which had been I pawned was worth about £3,000. He left this -wife because of her unexplained absence for two nights. The furniture in the flat was worth about £5,000 or £6.000. Will you tell the court why you reduced the weekly amount to £10?— Because of the dissolute life and wasteful way in which she was using her money-—gambling. Mr. Rose-Innes (cross-examining): What is yrrur business? The Defendant: Land surveyor and financier. Y"ou say you reduced the allowance because she was gambling her money away?— Yes. and other things. Was there any other reason?— Yes. she was receiving money from other men. Is your Income £10.000 a year?—No, nnd I should not think it was anything like that. Did she complain of your conduct with a French lady?— No. Yon were anxious to be divorced? —Yes. For misconduct?— Yes. With this paarticular French lady? The witness did not wish to answer. Mr. Justice Bankes said in his opinion the letter of December 29 was not intended to be an offer, and was not accepted- and understood as an offer. Therefore the claim ! failed, and judgment would be for the de- ! fendant, with costs.