CRUELTY ALLEGED.

Hawera Star, Volume XLVII, 1 November 1927, Page 5

CRUELTY ALLEGED.

A CASE FROM WHANGAREI

COUNSEL ABANDONS HIS BRIEF.

(BY TELEGRAPH- PRESS ASSOCIATION.) WHANGAREI, Oct. 31. Eight yc ais of persistent cruelties of an almost unbelievable character were alleged in the Whangarei Magistrate’s Court to-day by Agnes Mary Thomas, the mother of three children, who proceeded against John Thomas, a halfcaste Portuguese employed as a railway surfaoemen at Te Puha, for separation, maintenance, and the custody of the children. The magistrate, Mr. E. H. Levien, S.M., pointed out that it was rare for cases of persistent cruelty to succeed. Cruelty often occurred at intervals which were sometimes very close together, but were seldom persistent. He could remember only one or two cases of this kind that had succeeded. An amazing story of her husband’s alleged atrocious marital conduct was related by the plaintiff, during which time the court was cleared. At the con-, elusion of her evidence counsel who had been instruetd by the husband asked permission to abandon his brief, “as he could not stand the thought of being associated with the case.” The magistrate said it was very difficult to instruct counsel in a matter like this, but counsel had his brief.

Counsel said the brief did not disclose anything like the evidence produced by the plaintiff, .and after a word with his client he most decidedly wanted to wash his hands of it. He then handed the brief back to Thomas, who intimated that he would carry or. himself.

Constable Boag, of Manngaturoto, said he knew both the parties well. He gave evidence that the plaintiff had complained to him and bore marks of ill-treatment. The woman was most respectable, and the children were always clean and well kept.

The defendant had been in the box only a few minutes when the magistrate intimated that he did not wish to hear any more, and granted the order sought.