DIVORCE OPPOSED

Auckland Star, Volume LXIV, Issue 190, 14 August 1933, Page 8

DIVORCE OPPOSED

WIFE'S EVIDENCE.

ALLEGATIONS FLATLY DENIED " NOTHING BETWEEN ITS." The fourth day's hearing of evidence in the petition for divorce, brought by Kenneth Rahiri George Richardson against his wife, Mona Mary Richardson, on the ground of her alleged adultery with Harry Reginald Jenkins, ex-M.P.. was entered upon this morning when the respondent, who was called on Friday afternoon, continued her evidence. In addition to seeking divorce, the petitioner is claiming from the corespondent £1000 damages.

The action is being heard before Mr. Justice Smith and a jury of twelve. Mr. C. Weston and with 'him Mr. J. R. Hopkins appears for x>etitioner, Mr. R. A. Singer for the respondent, and Mr. A. H, Johnstone and with him Mr. C. J. Lovegrove, for the co-respondent.

The respondent on Friday gave evidence of incidents during her married life at Hunua and To Paki, in which she alleged cruelty on the part of Richardson. She stated that it was because of his treatment of her that she left him in November, 1931. His cruelty to her was more mental than physical.

Mr. Singer: Prior to you leaving, did you know anything of this young lady in Wellington?—l had met her.

Did you know of anything between her and your husband? —I knew she was in love with him before I married

A Cause of Trouble. Continuing, respondent said that the chief cause of the trouble between her and petitioner just prior to her leaving him arose over the letter written by her mother-in-law. She had not been extravagant and considered she had kept the expenses down to a minimum. Anything she bought was with her husband's consent, although he did tell her she should not have bought a tallboy which she purchased to give him as a birthday present. Her husband's salary was £300 u year, with free meat, milk, firewood and rent.

Mr. Singer: In this letter (produced) which you wrote to your husband you say "It is no use talking. You are cruel to animals—the cruellest man I have ever seen—and you were cruel to me." Is that correct?—Yes.

Respondent said that wnen she left she had £2 and a cheque for £17. The cheque was his father's, and with it she paid certain accounts on behalf of her husband. The only money she had from him from the time she left on November 13, 1931, to August, 1932, was £13, plus £2 she had when she left To Paki. Mr. Singer: When you left on November 13 - you did not indicate you were going for good?— No. And was it possible for you in. your then mental and physical state of health to remain--'with your husband?— No. Did he say anything about coming back?—lie asked me to be back for Christmas. Between November 13, 1931, and March 18, 1932, she did not see her husband, but she heard rumours, and consulted her solicitors in February. "Nothing Between Us." Between June, 1931, and March, 1932. she snw Jenkins only once, and that was for an hour or two at her mother's house. Mr. Singer: Was there any earthly thing in_ the world between you and Mr. Jenkins, then or at any other time? No. Were the rumours you heard in connection with your husband in connection with his conduct?— Yes.

Did you tell your solicitors about the rumours you had heard?— Yes.

-And did you take anybody up to Te Paki with you?— Yes, on .my solicitors' advice.

Who went with you?— Mr. Scarf and my brother Ted.

Whoso car did you go in? —Mr Jenkins'.

I Did you have anything to do with I the getting of that car?— No.

She added that her brother got the car. She made no arrangements ahout it. There were negotiations in respect of the purchase of the car by her mother. Witness had no money to purchase a ear.

Who made tho arrangements with the private detective?—l did.

And who was in the car when you went in the car.?— Mr. Scarf, my brother led and myself. When was that?—On March II last year. You went on the Ninety-Mile Beach 7 at Q WG 7£l£ " P on the Saturday and Mr. Scarf left again on the Sunday. You and your brother camped on the beach?— Yes. Did you see your husband ?—Yes.

To Make Things Up. Continuing, respondent said that on the following Tuesday she met her husbeach and they went to the homestead. , khe her brother, and Richardson were • t tl 1 1( \ room > an d she told her husband she had come up to try and make things up. While they were talking tho telephone rang. It was a Miss MeKenzie ringing up, and respondent heard her husband say, "They're here now; I'll be down in about half an hour" Her husband told respondent that he Had to take a Maori who was ill away in his car. He left at about 7 pm Srf-i • not returnGd at 11.30 p.m! vyjiilo in the house respondent saw about 30 or 40 letters in the writing desk, and read the one. (produced! written by Betty Kember, which referred to a secret engagement and in which the girl said she would marry Richardson so soon as he was free. Respondent was surprised, because she had not expected to find anything of the kind. "Going to he Boss." Next day she took the other letter (produced) and she and her husband discussed living together again. For the sake of the children she was prepared to go back, but he said he was going to be boss, and mentioned rules he intended to lay down. One was that her people were not to come and see her, and that she was not to go off the property for three years. Respondent broke into tears when she said she told him she had always been a good wife to him and had tried to make him happy, but he had always been cruel to her. She added that she told him if he was going to act like that she would not have Miss MeKenzie or the Rusts there. "He went out in a tonrerirjg rage, and said if I dared to come back ho would leave at .once," said responded.

On the fo' 1 ' 'wing Friday respondent saw him again at the station, and asked I'm on hi<i honour-what there was be-

! tween him and Betty Kember. He said, '•Absolutely nothing," and respondent replied, "Well, if that's all you have to say to me it is no use my staying. "I spoke to him several times about coming back, but there was never once a suggestion from him that I should come-back," said respondent. Whenever I wrote to him afterwards suggesting coming back he would write about divorce and separation. Respondent said that her husband had informed her that the. lady help they had at the house would have to go, ana respondent replied that she (respondent) would not be able to do the work alone. She had to bake all the bread for_ the homestead, do the work necessary ma big house, and look after two children and 70" fowls. She told him he. was expecting too much from one pair ol hands. Before She Left. . In November, on the Friday when she left, said respondent, she had a painful interview with her husband He told her that his father had, three days before he came up on a visit to TePaki, gone to see a solicitor about a divorce, fane complained that a box, containing her baby's clothes, had been broken into and some of the clothes taken by her husband's mother. ..' • Mr Singer: Did your husband say anythin a at that interview about you coming back to live at the station with him?—l asked him if he wanted me back and told him I would trv to make him happy, but not once did he say he wanted me back. Whenever I spoke to him about coming together, and trying to be happy, he would say, "I don't know." • Respondent said that when she left the station that night she was very distressed. She had no hat, or stockings, and wore a faded green frock. She and her brother drove in the car, intending to camp on the beach that night, but her brother said she required a good night s

At the Hotel. They reached the Waipapakauri Hotel about 9 p.m., and not 7.30, as stated by the licensee, Mr. Thode. She and her brother were each allotted a room and as Mr. Thode opened the door to show her into her room Jenkins walked up the passage. She was surprised, to see him and said, "Good heavens, what are you doing here?" Jenkins said he was on his way to To Paki. She and her brother were later talking in the room when Jenkins knocked at the door. "My brother opened the door and Jenkins came in. He asked me why I was so upset and I told him the trouble I was in. He said everything would come out all right. I then showed him one of Betty Kember's letters to read and he said it was a horrible letter. My brother and Mr. Jenkins sat on one bed and I on another. Mr. Thode brought some refreshments which were -ordered and paid for by my brother. Refreshments were only brought on the one occasion. After talking for about an hour I said I was very tired and would like to go to bed. My brother and Mr. Jenkins then left. After I cleaned my teeth I locked the door and went to bed." "It's a Lie." Mr. Singer: Is there anything in the suggestion that you were alone in your bedroom at any time during that night with Mr. Jenkins? —No, it is a lie.

Have you at any time been alone with Mr. Jenkins in private? —No. Respondent said that next day she and her brother set out to Auckland, and on the way met a friend who told them they could not possibly get through to Whangarei that night, so they decided to stop the night at Rangiahua, where they arrived about 5 p.m. After dinner at the hotel respondent and her brother were in the sitting room listening to the wireless, and about 9.30 Mr. Jenkins and Mr. Morrison came in. Respondent knew that since she saw him the previous day Jenkins had been to the Te Paki station. Jenkins told her he had seen her husband. After Jenkins had had something to eat he joined respondent and her brother in the sitting room, where they talked till about 10.30 p.m., when respondent went upstairs to bed.

I Next morning, said respondent, her ; brother came to her room and said that, as she had done all the driving and had a hard time, Jenkins had suggested her going 'on to Auckland in his . car with him. She agreed, and all four, her brother and Morrison in one car, and she and Jenkins in another, left for Auckland about ten o'clock. Except that they stopped for lunch, they came straight through and she arrived home at Devonport about 6.30 p.m. Jenkins had a cup of tea and then left about 8.30 p.m. Mr. Singer: That was March 20 of last year?— Yes. How long was it before you saw Jenkins again?— Three weeks or a month. And was that meeting accidental?— Yes, I met him casually in the street. You got a letter from your husband in February telling you he had sent in his resignation?— Yes. And what did you do with it?— Showed- it to my solicitors. And you got this letter in March in which he says that owing to you bringing Jenkins into his private affairs, and you using his car; the position had become impossible?— Yes. You filed a petition for restitution of conjugal rights on July 26, 1932?— Yes. And between March 18 and July 20 how often had your husband come to Auckland?— Only once that I know of. Ho came to my mother's house. He came in his father's car and took me and the children out. That was. before the petition for restitution? —Yes. Your husband says he saw you and the children often?— Later on he came to see me at Belmont, Takapuna. How often?— About four times.

Have you, since you left your husband, ever lived anywhere but with your mother?— No.

And he only called once when you were living at Ascot Avenue, Devonport.

Had the question of maintenance been brought up?— Yes, I mentioned it to my solicitors.

And when your husband took you out for a drive there was a discussion about maintenance?—Yes~i- he said he had nothing he could offer me or the children. He said he had no job. I asked him what had become of tho home, and my beautiful wedding presents, and he said everything had been sold for £00.

He said he spoke about a reconciliation? —He didn't. He said he had no home, no furniture, no money, no job, no place to offer me. It would have been useless to talk of reconciliation.

Did he accuse you of being the source of rumours about hin. and Maoris?— No.

Were you the source of rumours ?—No. (Proceeding.)