HUSBANDS AND WIVES.

New Zealand Herald, Volume LI, Issue 15551, 7 March 1914, Page 5

HUSBANDS AND WIVES.

TROUBLES TOLD IN COURT.

SEPARATION ORDER GRANTED.

The desire to obtain a hotel license in her own name was advanced as the primary reason for Mrs. Henry Johnston's application to Mr. C. C. Kettle, S.M., at the' Magistrate's Court yesterday, for a separation order against her husband.

Dr. Bam lord, who appear?,l on behalf of complainant, said she did not ask for an order for maintenance of herself and two children, as she was prepared to keep herseli and them.

Complainant gave evidence as to her husband s alleged habits of intemperance, which, she said, had been the cause of the taking away from him of the license of an hotel 11 months ago. They were married 17 years ago, and it was not until a few weeks after tie marriage that she discovered he was of intemperate habits. On one or two occasions he had been drunk at breakfast time, and when the new licensee of the hotel, of which her husband had lost the license, appeared on the scene her husband turned him out. Things had come to such a pass that it was impossible for her to get an hotel— which she desired to do—as long as her husband was with her.

Mr. Kettle : Have you any property on which to subsist ? Complainant: I have £1200, that is all. Defendant declined to ask his wife any questions, remarking that she had said quite enough. , His Worship said though in ordinary circumstances he could not be made a. party to any application for a separation, order, the primary object of which was to enable the applicant to obtain a license, the evidence in this case had satisfied him that the complainant was entitled to have protectioh for herself and children against her husband, so that the might conduct her business, and maintain herself and children, without interference from him. "It is fortunate for you," continued the magistrate, addressing the husband, "that your wife has been able to keep you out of the gutter so long. If you don't mend your habits, it may soon become a question whether you should be committed to an institution at Roto Roa, where we send people who can't control their appetite for liquor." The magistrate granted the separation order, the wife to have the custody of the two children.

THE CADE OF CHILDREN. " Judging from the police report, which does not reflect credit upon either of you, neither of you is capable of caring for innocent children," said Mr. Kettle, in announcing his refusal of the application of John Thomas Jpbb, of Onehunga. for the cancellation of a maintenance order for 15e a week, made against him in respect of his two children—an application which was opposed by his wife. Violet Harriet Jebb. The case wag adjourned from the previous Friday, in order to enable tho pu'ice to make inquiries with regard to certain aliened happenings at Onehunea. His Worship said according to the police report defendant, though of sober habits, was an inveterate gambier, and the report was also unsatisfactory so far as the wife was concerned. Mrs. Jebb: Your Worship has seen that I care for the children. Mr. Kettle : I am not finding fault with your care of your children, but it often, happens that even when children are well dressed and eared for their surroundings are yet such as to justify their removal from the custody of their parents. But I don't want to take your children from you. Evidence was given for complainant denying certain statements made at the previous hearing. His Worship intimated that it would depend on the future conduct of both parties whether any future application for the cancellation of the maintenance order were entertained. " PITIABLE CIRCUMSTANCES." Pitiable circumstances were stated by Mr. Tovvle (representing the complainant) to characterise the marital relations of Hester Violet Elsmore and Bryan Thomas Elsmore. The former applied for a separation order against her husband, with maintenance and the custody of the two children of the marriage. His Worship granted a separation order, with maintenance for the wife at 30s a week, complainant to have the custody of th two children.