ORDER REFUSED

King Country Chronicle, Volume XXVI, Issue 3444, 17 March 1932, Page 4

ORDER REFUSED

APPLICATION FOR SEPARATION. EVIDENCE INSUFFICIENT. In the Magistrate's Court on Tuesday, before Mr. F. W. Platts, S.M., a middle-aged woman, of Te Kuiti, applied for separation, maintenance and guardianship orders against her husband on the grounds of persistent

cruelty. Mr. J. Hine represented applicant, and Mr. A. S. Paterson appeared for defendant.

Applicant stated that she had been married since 1903. There were five children under the age of 16 years. Applicant stated that her married life had recently been very unhappy. De-j fendant left home without saying where he was going, and went to North Auckland, and did not write or let anyone know his whereabouts. During that time she had to maintain the family. Her husband returned, and since then he had assaulted her in the main .street, near the station, and also at her daughter's residence. He told the children their mother was not fit to look after them. He had struck her three time. The furniture and bedding in the house was her property, she having purchased them since defendant had left her. "I have been living under continuous suspicion from my husband throughout my married life," concluded applicant. Cross-examined by Mr. Paterson, applicant denied that she had met a certain man by arrangement. Her husband objected to her speaking to this man. She was never happy, and they never went out together. He (her husband) went his way and she went hers. The man mentioned was a boarder at her house for some time. She remembered meeting her husband one Sunday when she was in the company of the man referred to, and was also at the Te Kuiti races in company with her children and the same man.

Applicant: When defendant attacked me in the street he handled me more roughly than a policeman would handle a drunken woman.

The furniture was paid for by money earned by herself. She borrowed £2 from her male friend to pay the rent.

Cross-examined regarding the use of bad language, she admitted calling her husband a "Maori mongrel." Regarding a photo produced by the defence, applicant said this was taken when on a visit to Hastings. She recognised another photo of a man. If it was taken at the same studio she knew nothing about it. She made certain allegations against her husband regarding his keeping company with certain women.

To Mr. Hine: While my husband was away the man mentioned by Mr.* Paterson had his meals at my house. Applicant did cleaning for several public places to help maintain the children.

Corroborative evidence regarding the assault on applicant was given by two of her daughters.

Counsel for defendant said his client was still willing to do his duty by his wife and children and was prepared to build up the home again, but only on one condition, namely, that his wife should give up her clandestine relations with the man mentioned.

The magistrate then suggested that the case should be adjourned till the evening in order to give the parties an opportunity of conferring and coming to some arrangements. On resumption of the sitting in the evening, defendant gave evidence, denying pure persistent cruelty. He admitting striking his wife on two occasions, one being merely a push. AH their troubles had arisen from one source —his wife's familiarity with a certain man. He had warned both to desist, but they still persisted in defying him.

To Mr. Hine: Last time I saw my wife with the man interested was three weeks ago. Defendant admitted refusing to accept his meals and pushing them aside, but this was due to digestive troubles.

Mr. Hine: Are you not really the cause of your home being broken up? —No; I have been forced out of my own home. Defendant said he was never cruel to his wife when under the influence of liquor. The Court decided it had no power to separate the parties on the evidence put forward. The magistrate admonished both parties, giving them wise counsel. "You have both lived together for many years and have brought up a large family. You have not many years remaining; try, then, and live peaceably in the future. I urge you both to amend your ways in the interests of yourselves and your family." No order was made.