Married Women Take Dispute to Court

Manawatu Times, Volume 62, Issue 123, 26 May 1937, Page 10

Married Women Take Dispute to Court

DID ONE SEEK PROTECTION FROM THREATENING HUSBAND'? Two married women were the parties to an unusual civil case in the Magistrate's Court at Palmerston North yesterday, when Mr. J. L. Stout, S.M., was on tho Bench. At the outset counsel commented that it was a x>ity the matter had ever been brought to Court, and when the dispute had been half hoard an adjournment was taken which resulted in a settlement. Mrs. L. F. McElwain, formerly of Palmerston North, but now of Tauranga, claimed from Mrs. K. M. Sweeney, of Milson, £34 16s as the alleged value of various articles of furniture detained by defendant. Although their surrender had been denied by registered post,..this had been declined and £1 was claimed as damages. Mrs. Sweeney counter-claimed for £2B 7s 9d, including a claim for board for fifteen weeks and fivo days at £1 a week; board for two children for threo days; £5 for a cream coat allegedly sold to Mrs. McElwain, a girl's coat at £4 4s; a double mattress (destroyed), £2 17s 6d, and 2s for taxi fares to and from the hospital. Mr. G. E. Rowe, instructed by Mr. 11. G. Lovell, appeared for plaintiff and Mr. 1 11. R. Cooper for defendant. Mrs. McElwain, from the witness box, said that in February, 1936, she was Invited to stuy with the Sweeneys at Milson, and she took to their house a sewing machine and various of her wedding presents. She remained until tho end of May, and tho question of paying for her board was never once mentioned. She did the washing and ironing, chopped wood, did some of tho cooking, and even did some mending for tho Sweeneys. Mrs. Sweeney did not do much; she lay on the sofa wliilo witness worked. Moreover, she had paid for things in town; if she and Mrs. Sweeney went shopping, it was her who paid bus fares and for- afternoon teas. She bought some groceries as well as things for Mr. and Mrs. Sweeney and their daughter, and gavo them several sums of money which would amount to about £5,

Witness added that her own children were in tho house only on two or three occasions, and that at the invitation of her hostess. The cream coat mentioned she did not buy, but exchanged with Mrs. Sweeney for another. Husband Threatened Razor? Mr. Cooper: Did you tell Mrs. Sweeney when you went to her that your susband had flashed a razor around and threatened to cut your throat?—l did not say he flashed a razor around, I only said he threatened me. But you went to tho Sweeneys for protection?—Yes.

Plaintiff said her husband came a few days later and took the children away. They were placed in Willard Home and had remained thero until about a month ago. She had been separated from her husband for almost a year, but received from him £2 a month for maintenance. Her mother in Marton also gavo her some money. Despite this, she made no offer to pay board, considering that she more than earned her keep. It was true she had been in hospital a short time before going to Sweeneys and also that she was taken ill one afternoon while at their place and had to be taken to hospital. Mr. Cooper: Did you not tell them at first that you would be with them only a few days before going to friends in Wellington? Your husband and Mr. Sweeney were both railway servdnts, and did not Mr. Sweeney several times bring you home a concession ticket, only, to have you tear thorn up and refuse to go?—I did not tear up the tickets, but I did not go away because I was asked to stay. Mr. Stout: According to your first statement, you went to them only for protection. Where the Trouble Started. Mr. Cooper: At any rate, when Mrs. Sweeney had to go to hospital in June, you wanted to stay and keep house for Mr. Sweeney? —No, I did not. That is where the trouble started. Mr. Cooper: At least, Mr. Sweeney £o. Jive alone and look after

the child rather than have you keep house. Witness denied ever saying she would leave her things behind because she did not expect to be kept for nothing. Sho did not suggest to a man who came to repair the machine that she had given it to Mrs. Sweeney because she herself had no use for it. If the man said that, he was telling a pack of lies. Mrs. Elwain, further cross-examined, said sho was now living with her husband again, but it was not this that made her ask for her machine back from Mrs. Sweeney. It had never belonged to anyono but herself. Mr. Stout; It seems to me this woman wished herself on to these people, and she must expect to pay something for it. I think about 10s a week would Bo fair, as she may have worked out the rest. I do not think, on the other hand, that old mattresses and things aro worth as much as is claimed by defendant. At tho suggestion of Mr. Cooper, an adjournment was granted for a few minutes to enable counsel to confer, and it was then announced that a settlement had been agreed o. The case Was adjoured sine die by the Court to enable the settlement to be carried out.