HUSBAND’S VERSION

Hawke's Bay Tribune, Volume XXII, Issue 153, 14 June 1932, Page 7

HUSBAND’S VERSION

WIFE'S INJURY BY TRAIN. DENIAL OF CHARGES. By Telegraph—Press Association. Wellington, June 14. The case in which Mrs Johnson is claiming from insurance companies entered the sixth day this morning. Under cross-examination the husband admitted that m the case of two of the receipts the men shown as attesting witnesses were not present when the receipts were signed by Mrs Johnson aor had Mrs Johnson acknowledged her signature to them in their presence. Giving evidence yesterday plaintiff's husband said he was a builder, having taken on his father’s business. He and his wife were married in 1911. She had no property other than those which he gave her after marriage, and which were in her name. A few years ago his wife had her skull fractured in an accident, and had since been very nervous and neurotic.

Having spoken as to the taking out of the insurance policies, witness said that prior to the accident they spent practically every week-end at the “bach” at Raumati, and it was on the return from Raumati that the accident occurred. He was approaching tho Ohau crossing at about 30 miles an hour when he saw the lights of the engine reflected on the rails. At the same instant his wife said “Train, John!” Suddenly the wheel! was wrenched from his hand. He presumed that Mrs Johnson had pulled at the wheel. The car swung round to the left and dashed into the cattle stop, the wheels going in. Ho threw the engine in reverse, and gave it full power, but the car would not move. He called to his wife, “Jump for it, Ivy.” He got out on his side and thought Mrs Johnson got out on the other side. He put up his hands to stop the tram, and at that time the train touched the car The cow-catcher caught the front wheels and pushed the car back. He went to the front of the engine, and saw his wife lying close to it. He leaned over her and said, “Are you hurt?” She replied, "My legs are.” The engine-driver got down, and together they moved her clear of the line, putting her into another car, in which she was taken to the hospital l . His wife’s legs were across his knees on the way to the hospital. Counsel: The driver says she called out, “Why didn’t you let me out?” Witness: 1 never heard those words. INSURANCES PAID. Witness proceeded that a conversation took place about the insurance moneys the day after the accident. There were some accounts which his wife wanted paid He notified the insurance companies of the accident. Witness filled in the Commercial Union claim form. He had done all the business with the Commercial Union, and from his recollection ho also signed it. The signature on the receipts lor the insurance money was ins wife’s. He took it to Levin Hospital, where she signed it. She was in bed at the time. Counsel (producing the document): Is that her signature?—“Yes, I saw her sign it.’’ Counsel: Then it is not a forgery Evidence was also given in reference to the payment of the T. and G. insurance claim, and witness said he saw his wife sign the discharge lor it in Bowen Street Hospital, lie then gave details as to how the amount was paid out for interest on the mortgage on the Ellice street property, for Bowen Street Hospital expenses, for work on the “bach” at Raumati, and in the purchase of furniture, etc. These properties were subsequently disposed of, and there was some litigation between his wife and himself in respect of one of them. UNHAPPY MARRIED LIFE. To counsel for plaintiff, witness said their married life was never happy. Hu denied threatening his wife with a spade a little time before the accident. It was a frabneation to suggest it. Counsel: Is it not a fact that when the car got to the eattic stop you had already got out of the car?— “That is a fabrication.” Witness added that his wife did not jump over the front seat. Npither did she faint in the back of the car. There was no time for fainting. When he looked down at Mrs. Johnson’s leg it did not appear to have been injured. There was no bleeding. He took the shoe off her foot. Kathleen Davis, matron at Bowen Street Hospital at the time that Mrs. Johnson was operated on there, spoke to seeing Mrs Johnson sign a document in the presence of her husband and anether man. S!e> ■.■ns 1 ;i 'f raised in bod tor tho nttniora The matron did not knew tl.e nataie c*' the <lm*::nicnt.