A PAINFUL CASE.

New Zealand Mail, Issue 1507, 17 January 1901, Page 38

A PAINFUL CASE.

Before Dr McArthur, S.M., on Monday, afternoon, George Fisher applied for a separation order against his wife, Laura Fisher, on the ground of habitual cruelty towards him.

Mr Cooper appeared for Mrs Fisher. Complainant conducted his own case. George Fisher, in opening his case said the trouble between his wife • and himself was of long continuance, but it had gradually become greater. He had been so disturbed in mind of late that he had had to spend most of his time in Otaki with his son. He got through the session of 1899 by barricading his room. It was of no use merely locking it when Mrs Fisher was about- armed with an American axe. In 1900 there was a recurrence of the trouble By a ruse, his daughter-in-law got his wife

made an exhibition of. herself in the precincts- of Parliament House. The trouble with his wife had become even more pronounced of late, and after consultation vith members of his family he had resolved to see the matter through to its bitter end. The defendant had interfered with his public career by her actions. When he was advocating the candidature of Mr Field at Otaki Iris wife came along and smashed the windows of a hotel at that place. Then she posted back to Wellington and told people there that he (Fisher) had been drunk and disorderly in Otaki. The result of that was that a testimonial that was being, prepared for him was not gone on with. His papers—private, political, and consular—were tampered with by his wife, and the statements therein were conveyed to his enemies, whoever they might be. He could only describe some of - the scenes for which his wife had been responsible as “midnight orgies.” During some of these his wife, in her violent fits, bad denuded him of his clothing, and he had been unable to retaliate in any way, because lie knew a blow to lier at such a time would probably prone fatal. His wife knew this, and had taunted him with the fact. It was painful to him to have to publicly see this case through, but he and his family recognised now that it was useless to keep on shielding his wife’s foibles as they had been doing for many years past. Constable Mahoney said he remembered Mr Fisher showing him into his study. There had been fire on the bookshelves, and on the wall. He was also • shown traces of a fire in the dining; room. The wall and pilasters showed scorches. Mrs Fisher did not contradict the assertion of complainant to witness that she was responsible for the outbreak. Constable O’Connor said he remembered being on duty in Courtenay place in July last. He saw Mrs Fisher there one afternoon about three o’clock. She ■was sitting down. She was under the influence of drink, but not exactly drunk.

Constable Green, sworn, said be recollected Mr and Mrs Fisher walking into the Lamb ton quay watchhouse at two o’clock in - the morning some two years ago. Mrs Fisher was -wearing, a ‘'wideawake” hat, and had no boots on. She was excited —apparently with drink. Mr Fisher was calm. Outside the watchhouse Mrs Fisher gave a loud scream, and then both parties went away.

Constable O’lTalloran said he remembered Mrs Fisher being reported missing in August last. ITe found her at Mr D. P. Fisher’s house, after the lapse of a week.

John Spencer said he remembered a night in 1899, on which Mr Fisher asked him to go.into his house. Mrs Fisher was lying on a couch covered up AA’itli a blanket. When lie returned a second time she had fallen from the sofa. She said she had been washing blankets all day. Witness did not see her drinking, so he could not say she Avas drunk.

John Milisi said he went to Mr Fisher’s house to see him on consular business at 10 a.m. on Sunday, March 4th. Mrs Fisher interfered Avith them; she appeared to be under the influence of drink.

James Blacklock said lie remembered' being in Palmer’s oyster saloon. Mrs Fisher asked for him. She said '‘George” Avas bad and bad sent her for oysters. He walked home AA'ith her. She did not ask him to buy her a bottle of beer; could not say if she asked Palmer t.O‘ do so. Witness was in the A 1 Hotel on a subsequent evening. Mrs Fisher again sent in for him. He resented her troubling him as slie Avas doing.

Mrs Allan Orr remembered Fisher asking her on the Bth June to visit Mrs Fisher, who was ill in bed. Could form no idea as to the cause of her illness. It seemed to be a cold. Had never seen anyone recovering from the effects of drink. Three days afterwards she saw Mrs Fisher again. She was still bad. Mrs Schoch had no recollection of calling to- see Mrs Fisher. Did not remember her calling at the Post Office Hotel. In subsequent examination the witness said she had a faint recollection of seeing Mrs Fisher when the latter had a sore ankle.W. E. Sansbury, J.P., remembered going to Mr Fisher’s house to pay an account of £5 owing by him to Fisher. The money was paid by him to Mrs Fisher, the husband not being home. Had heard that Fisher never received the money. Remembered seeing Mrs Fisher accost her husband in the portico of Parliament House. She appeared to be “a little bit drunk.” A. A. Smith, a sanitary inspector, recollected being asked recently to inspect the house of Mr Fisher. It was a wreck compared to what it was some sixteen years ago. The windows were broken, and it generally appeared to be a drunken home.

James Doyle, inspector of nuisances, gave confirmatory evidence to that of the foregoing witness. The house was altogether unhomelike. To Mr Cooper: Did not think he had seen Mr Fisher the worse for liquor ; he had not been much in his company- . . . Complainant wished to call Mrs Fish-

George Fisher, M.H.R., the complainant, gave evidence. He had for many 3- oars given his wife money for household expenses, but most of it went m drink. The bills were never paid by- her. In May of this year his wife arrived from Christchurch at 11.30 on a Sunday morning, but she did not come home until 6.30 that- evening. She was then in a drunken state, and she rolled into bed with all her clothes on. He instituted proceedings for separation in June, 1899; but on the solicitation of his wife, he withdrew the case 011 her promising reformation. The only result of his forbearance was that the offence had become aggravated. During a period of a little over three years goods and furniture to the value of £3BO 8s had been taken away from his house by Mrs Fisher. To Mr Cooper: It was true that- a maintenance order had been granted against him. The application was heard in Chambers during bis absence from Wellington. He applied to the Court subsequently to have it cancelled. That application was refused; subsequently the order was cancelled. It might have been on Mrs Fisher’s initiative, but he had no recollection of the fact. The queerest part about the application was that during the week in which it was being heard Mrs Fisher removed articles of an aggregate value of £l5O from his house. These were subsequently recovered in pawnshops. He liad never assaulted Mrs Fisher. 011 the night he w T as alleged to have assaulted her she injured herself by reason of lier own violence. Mr Cooper: Have 3' 011 ever threatened to “do” for Mrs Fisher P —No. Did you ever, by telegram, tell anyone to keep Airs Fisher away from your place, saying if she ..returned you would murder her ?—Well, yes; I sent that message ; but that was only a figure of speech. Do you intend to support your Avife, or to let the State support her ?—The facts are that OAving to my Avife’s extravagance I haA'e to pay off £lO per month interest on mortgage on my house; so that I only haA'e a sum of £lO per month witli which to support myself. Out of that £lO I am Avilling to alloAv my wife a small sum by Avay of support. I have no money in the bank —only an cverdraft. I am Avilling to alloAv my Avife 15s per week; she can then go and li\'e with her daughter. To alloAv her any more than that sum AA'ould he a direct inducement to her to become drunken. Mr Cooper asked that the case be dismissed. Drunkenness Avas no ground for granting the order applied for. Legal cruelty must be physical cruelty c r conduct calculated to make one reasonably apprehensive of physical cruelty. There was only one such instance cited—and that occurred oA'er six months ago. Mr Fisher pointed out that there Avas a, cruelty far Avorse than physical cruelty- _ There ay as the cruelty of the degradation thrOAvn upon himself, his sons and daughters—all respectable men and women v They had silently suffered for fifteen or tAyent.y years, but they Avere now determined that their domesticity should be 310 longer disturbed. Hi's home was iioav a scene of Avreck and desolation, and it Avas impossible for him to perform his duty to his constituents when his home was a hotbed of grief, irritation and degradation. Dr McArthur said! lie Avculd advise complainant to agree with Mr Cooper to alloAv his client a. sufficient sum of money for he ( r upkeep. Eventually an order Avas made by consent- for the payment of 20s per week towards the support of Mrs Fisher.