UNHAPPY MARRIAGES.

New Zealand Herald, Volume L, Issue 15298, 10 May 1913, Page 5

UNHAPPY MARRIAGES.

TROUBLES TOLD IN COURT. "AN UNFORTUNATE COUPLE." MAGISTRATE SPEAKS PLAINLY. The case of Barnett v. Barnett, again came before the notice of Mr. C. C. Kettle, S.M., yesterday. The case was one in which Ethel Maria Vincent Barnett asked that orders for maintenance, ill respect of herself and her child, should be made against her husband, Walter Barnett, and was adjourned until yesterday to see what agreement the parties could come to. " I appear for the unfortunate wife," said Mr. Lundon yesterday. " And I for the unfortunate husband," added Mr. Prendergast, amidst laughter. The defendant intimated that he was willing, to make a home for his wife, or to contribute the amount of maintenance she asked for. His Worship : A word of advice. Get honest work instead of loafing about racecourses.

Defendant: I have only been out of employment for three weeks, Your Worship. I left it to better myself. "Whatdid you go to Christchurch for just after your marriage," asked Mr. Prendergast. Witness : I had a letter of introduction to Sir Joseph Ward, and I went down to see if he would get me a situation. His Worship : Did you get it Witness : oir Joseph promised it to me, Your Worship. His Worship : But it didn't come off. Mr. Lundon : Sir Joseph was a farseeing man. The defendant then entered upon a. description of how nothing would have come between him and his wife had it not been for her relatives. Mr. Lundon : He stated openly in Newmarket, Your Worship, that since his mother had been dragged into tiie case, he would see that his wife's mother would also be dragged into it, and she has been subpoenaed by the other side. Mr. Prendergast : The publicity given to this case has not done you much good, Mr. Barnett ? Witness: It has done me great harm, though there is much sympathy with me, for many know how I have otried to get my wife to come back to me. I was ; a highly-respected man until this case came up. ' , Mr. Lundon : Why did you leave your late employment? Witness : To better myself. Air. Lundon : Now, isn't it a fact you were asked to leave? Witness : Well, I was, over a slight difference. Mr. Lundon : Still, that slight difference was responsible , for your employers advertising that you were no longer in their employ. His Worship (to witness) : What do you mean, sir. I understood from you that you had resigned in order, as you said, to better yourself. What can I believe of any of your statements ? Why don't you tell the whole truth? Witness, continuing his story, said that people had refused to have anything to do with him since the case/ had started, and his mother was included in the list. In response to Mr. Lundon, _ witness said that in his last situation, in which he had been employed as town traveller for a coal firm, he had at first received a email wage and commission, but had latterlv been on a wage of £2 13s a week. He had . been in the habit of paying his mother £1 a week. Mr. Lundon : . When did you pay he) last? . . . Witness, after some hesitation, replied that he had ceased paying about March last. "Sometimes," he added, "I didn'l pay her so much." « Mr. Lundon : And sometimes none al 31 His Worship : You are a very fortunate young man. . Witness : No, Your Worship, I am £ very unfortunate young man. Mr. Lundon : And if you haven't beer paying for all that time, whers have youi wages gone to? Witness : Oh, flew away, I suppose. Mr. Lundon: And that is your answei ,on oath? Witness : Well, the money went aw a; from me. I have other expenses. Mr. Lundon : Oh, I don't doubt it wen away from you. His Worship : I see there are two apph cations here, one for the maintenance o your wife, and on© for the child. # I an not altering my opinion of you in th least. You are an absolutely weak indivi dual, and an absolutely unreliable witnes in the box. Your wife is also weak. Th child is the unfortunate one. It has beei away from you for three or four years and you have done next to nothing to ge it, and have done very little for it.

will make an order that J'ou "will pay £1 a week for the child, and the application for maintenance for your wife I will adjourn sine die. You are able to pay the money if you choose to work. If you don't get work, and don't pay the money, you will have to bear the consequences, and I might point out to you that if you disobey the order you are liable to six months' imprisonment. Now go, and play your part like a man. You can take my advice or leave it. . Defendant: I like a little advice now and then, Your Worship. His Worship : You need it. It was agreed that no objection would be offered to Barnett whenever he wished to have access to the child. - WIFE, SEEKS SEPARATION. HUSBAND WANTS TO GO HOME.

Further evidence was heard in the adjourned cose of Smith v. Smith, an application by Eliza Ann Smith (Mr. Calder) for a separation order against her husband, John Fielding Smith (Air. Endean), on the grounds of failure to maintain and cruelty. The complainant stated that although the defendant had given her about £400 when they -were married over nine years ago, he had not earned enough to support the family since. She did not think, therefore, that .he had any further claim on her property, which was valued at about £1000. She would not live with him any more. He was in the habit of using abusive language to her, and had often struck her. . He had refused to come to any arrangement with her, and insisted that the property should be held jointly. The defendant stated that he " wanted to go home." He had given his wife large sums of money, which she had transferred to her daughter's account. She had looked after the son and daughter only too well, to his own exclusion and discomfort. He had spent most of his money in improving properties bought for his wife, and then she refused to recognise what he had done. He had been living in Grey Lynn, and when he went ilo his wife's house after the last hearing of the case he was told there was no roon. for him. He had occasionally used somewhat strong terms to his wife, but had never struck her, " intending to do her grievous bodily harm." His chief reason for wanting to go home was to attend to sonje thousand? of ferns and bulbs, which were his hobby. His wife had often called him "a dirty, lazy loafer," but he had a certain trouble which prevented him from doing much work. . • The witness promised to see a medical man about his trouble, and, the case was adjourned for a week to enable him tc prove that. he was physically unfit foi work. In the meantime he will be allowed to tend his ferns and bulbs, on conditio! that he does not molest his wife.