ANTAGONISTIC ATHOLWOODS.

NZ Truth, Issue 182, 12 December 1908, Page 8

ANTAGONISTIC ATHOLWOODS.

JUDICIAL SEPARATION GRANTED.

Jtie Man He Would A-Marrying Go,

A LESSON IN LUCRE TO LADS IN LOVE.

ffo the Altar or the Halter?

The long-standing and widely-published troubles of the Atbolwoods were again before the Sydney Court recently. In this instance it was m tbe Divorce Court, hefore Mr Justice Simpson, that the grievances of the disunited couple were aired. Ethel Ruby Atholwood had filed a petition for a judicial separation from Jaihes Brown Atholwood on the ground of his adultery with MARY. J. TOWNS END.; I On. Wednesday, November "25, Mrs Atholwood made -two preliminary applications m connection with the petition. One, pi these was that Atholwood be directed to allow her' so much" a week pending thjs hearing of the suit. The other .application was that he he ordered to (lj pay the costs of her present application, and (2) provide her with the money for her costs m the suit itself; "•Mr Gardiner appeared for Mrs Atnoltfobd'and Mr Davenport for Atholitfoo'd... . /Neither Mrs Atnolwood nor Atholwood was present. It -was stated that Athol wood was ill m Melbourne. Ml* Gardiner proceeded to read an affidavit by Mrs Atholwood m which it was., set out that Atholwood was at present getting £J4 a week "with '_ MESSRS MEYNELL AND GUNN. ' ■ y ... Mr Davenport ' took ,the objection that no grounds wore adduced m support, of: this statement. ■. „ -.. -.'. ;r , y.. .. . His. Honor (disallowing , the objection) •?-• ' She says she is informed, s^iid .that she .verily believes iiV^bat ,is sullivient m ia interlocutory app&ation. 10l this char-s-tar. BtfH, she oitifitvto say ; hy. whom i» is she is informed. . '.'....,-. .. In her affidAVit -Sirs "Atholwood went tm to say that Atheiwood's efttgagjement" Jfith Messia JUreynieU-andV (hinh was fbr twelve months, tha* . Afcbbiwood was entffatt m lti.9 profession, and ; .that,"nis. serines were aroay s .m demand. She ' added feat Atholwo»d was living -with' : Miss .y.b>yi_s«_|l and Ikhat hewas keeping Miss $i»%_sen__l and two iile|itiniate children,. l»y bliss Townsehd- of which HE WAS THE PATIi^R, '/Other detailsian'd^faCte were set put m the affidavit covering the last i 8 months, #r.:tvo years of the Atholwoods' married iv. itr Davenport read aii affidavit. hy Atholwood m reply. In this he dechired that 'fer'-. tlie past four years his earnings had »6t averaged ■£& a week. "I am going to submit," said Mr Davenport, io reply; to., a remark. ..by his rlon'9__",; "that tlie present prooeedshgs are simply an abuse of the process of the court, it is a course of harassing which this, court should not entertain." His, Honor : Pending they bearing of the, suit, she is entitled to maintenance. Sltx Davenport : At presents she is m re-, •oijat of #3 a week. In addition she has a piece of land valued at £300. Athblxroed had a half-interest m .the Sand-, pc tstal value of which was £600. Wholly ♦rough Mrs Atholwood he ' had to ' SACRIFICE HIS £300 INTKKKST to it tor leaf; than £200. A written .offer tf sKI i«8 a week pending the hearing of nt application for a! 'judicial separation bap atoady been made to Mrs Atholwood. __ha Honor : Here is a man who is an{ajffedljr living m adultery .with a woman, aJtfT sayportina the woman and two /illegltinuvte chiMren born to him by that woman. His first duty is to support Ms W&t. ■ BBc Davenport pointed out that Atholvooi had married Miss Townsend m the frettef that his marriage withiMrs Atho£ wn*i was null and void. Atablwdod had 'reasem for believing that Mas Atholwood wais formerly tbe ' wife of a man named jpeUeiton; professibnally'known as; "Barry Mawttheii," and that m marrying, her he wa« marry mg Yelvertoh's^ widow. Subsequently i^Kwas fduud thaV Ydlverton ™ as *&U alive. Evcii\ now tli^ere was NOtLEUAL.'PRboF tbftt Atholwood was married to Mrs Athohtvod. 'Me Honor: He was convicted, of big«my. Mr Davenport : Yes. and punished for it. ■: **I suppose," said • his.. Honor, m the. coarse of hirthjir , argument by Mr Davent>»*4, u itr is costing him another £1 10s «• ; keep this other Woman, Consequently oeys-tould, be able to give.' his - wile £'& a week." Jtfc Davenport urged that Mrs AtholwchxI j k petition 'Was be&jig . presented vexaihiiisly. rt was ' J wholly to embarrass Atholwood, professionally and financially, .ptiat she was seeking a judicial separation. Pot this reasqti both applications sbjuid be disiutssed. ' „ rate Honor : 'What 'is the arrangement ag ,fe> 'tiie £3 a week she is already receives ? Mr Doftenport explained that Atholwood had l^ejan supporting' Mt6 A.tftolw,ood lip, to tj»e time she had him "' :_,';' ! ' SENTENCED TO SIX MO&THS' IMPRISONMENT . kt Melbourne.- for bigamy- ... It 'twas vwhileAtholwood wag serving- .this sentence fbat arrears to the extent /of £&$ accumulated under an order to which he bad ' ©•nsented. . The instant, he; was liberated |k_s Atholwood; had him Arrested far failtog to pay the' Hioney which by pro§ecutfitg him she had, ; proventr.'d hinilrom earn**g. The radjyfsvrate b ef pre whom the loatter came "allowed Atholwood to pay id. the £4§ at the rat Jen, of £3 a week, m lh« circumstances he rtefuse^l tp send the a&a tb gaol, or to lnajjce any furthet oruntillie was first gp.yen the,.opportunity of payir^g . off the arrears m the manner stated. Before, . going to gaol AtholWiiod's position was anuch. better than it XtSiß now He was r.oft m debt and he had ih* land. • .'■ His Honor: When he was m gaol he fell imto arrears ? ..; ; ■_■■'." Hx Davenport ;. -id when arrested $n tire cltarge of ' . he lost his' engagement with ay. . MR /WILLI AMSON. ••',",;,' " Hie Honor At present he is simply pa#lng Mrs Ajtholwood £3 a week ? ffir T>avcnpor t . Yes. Si» Honor.-: Do you oDer any current pAjtneht ? ' fir Davenport : Yjes, an additional -£1 l%» a week. That is all hie can afford/ Sa can scauoely pay even that. Mr Gardiner read a -second affidavit by rxss Atholwoodv I* this she denied that tholwood m marrying Miss Townsend believed ihat his marriage w— ' hex v*r.~ Aihetirqod) was null and void. His Honor : The question of moral justion must be put asidd. . Atholwood iras l«ally convicted .of bigamy. He is (fedmrtredly fiving with and supporting a Woman who is not his wife. In the eyes of the law a "man must first of all. support his legitimate wife and. child. How much can he afford OUT OF-' lIIS. SALARY tor the support of his legitimate -wife and thiM* That is the first consideration, fee next iv— How much doe£ she require •'. Ifr Da^vnport : 1 would like you to lflqnirtinto th« bona fides of tht petition lor a sepa-tatioo • His Hc*_«r .* 1 can't consider ttiat at »11— unless indiriectly ' Ilr Daiwport read an affidavit of his pmtL. I-n this it was set out thatAttioi^ jirphd was receivbg fropn Messrs Meyneil ml Gmoi <810 a weeli.. ttiat his engagemeatwa* teroiriabJ© at va week's notice, k*A that bi« average earnings Were hot i mora tfcan £8 a weefc. Atholwood was at pitaeat w*9txtog fro * laryngitis. Because; e_T ttte he rehired ,'three weeks' rest,, and

iat all. Out of. the *192 received for the land ACCOUNTS HA*D PAID as follows : To Mr ' Montagu (Sydney) , legal expends,. £30 ; to Mi: Williamson, £10 ; to Mr Marshall Lyle, Melbourae, £76, part payment of a bill of costs totalling £164 13s ; and two other accounts of £25 each. '?It is," said Mr Davenport, referring to Mrs Atholwood, "entirely owing to her . that Atholwood. is at present m a penniless condition. On the other hand, she has an unencumbered interest m a property worth £300." IBs Honor : m interest that would give her £9.0r £10 a year to live on. _M_r .-Davenport : In addition she has -the £3 a. week m ccmnectioh with the arrears, and we are 'prepared to give her a [further sum of £1 10s a week. He can scarcely pay even that. His Honor . It is his first duty to give up this other woman. You will sever rsocceed m persuading me that it' does not cost anything to KEEP ANOTHER WOMAN. Mr Davenport: I would not attempt to put forwajjd such a proposition. "If," sam his Honor, m the course of a recital by Mb Davenport as the .the claims on the £8 a week Atholwood- is and a, reference to the £&8 he still owed Mr Lyle, "he had not Committed bigamy he .would not hav^ had, to pay the £88.". _Vlr Dayenportr: The bigamy .is relieved by a lot of things that do not . appear on the surface. Oh the evidence, before the court he was sentenced to six months' iiapriß«_unent. Certain facts were afterwatds placed before the Judge who sentenced film, with the result that the sentence was remitted, ahd Atholwood released AFTER -SBRVINa THIRTEEN •WEEKS. ; His. Honor .(alluding to the facts, deposed to m- the affidavits) : It does not Appear that it was on the .recommendation/of they Judge he was released. Mr Davenport (hesitatingly) ': Yes ; I have gone outside tbe allidavits there. But, even a sentence of six months shows that the offence was not the cruel outrage. Mrs Atholwood "would like tbe court „to ,bsEJ2ve.it to have been. As a jeaflpus Woman! she. wished to be avenged.; She even apposed- the petition for his < release. I ' f . ■ ■'-. His Honor (referring to.a statement' ih'one of the affidavits) : She previously gave ; birth to a male child. ■ --..'Mr Davenport : Yes ; when she was with Yelverton. She made a solemn declaratioai that sihe was married to" Yelverton. ISjpat shows the reckless statements she i%- prepared to makfi. 'His Honor : There is no doubt she . REGISTERED THIS CHILD, I -suppose? >■ "Mr Davenport : No \ She is not asking Tor relief. She has already got it. She has the custody of the .child. She is receiving alimony. She has brought the present proceedings against a man that she has ,(1) strJpped of every farthing and (2) involved, m debt. I rdpeat that it . is an ahusd of the process of the court. She says, "I will not "take all I WantH-all I am offered. I will make' you pay costs. lit you do not pay the costs you will go to gaol for six months." lf your Honor comes \to the conclusion that ,£1 10s a week is a fair offer, l. ask . that an 'order for that amottht .be 'marfe without costs. He has done ever.ythipg ihat a mortal man can do; This is .simply -the culmination of a l^XLg sexies' of perseoutioas by a jealous, spiteful, vindictive woman. There is no doubt that he committed a mistake — and a crime— in'- marrying again- But for that he has been PROSECUTED AND PUNISHED. I submit the court will not punish him a second time for the same alienee. .. His Honor : There may be oircumstanr ees which reduce the offence of 'oigamy to a very trivial one. It is no part of my business to say .- anything about ihat— one way or the <Hher. But the man commits adultery. .There is no. doubt about that. There must be a decree for. a judicial separation against you — (addressing Mr Davenport)— unhss by her conduct Mrs Atholwood conduces to the adultery, or brouaht it about. .Mt Davenport : Unfortunately we have not. the means to contest that. His Honor, : Why not. consent to a decree for a judicial separation, and settle the matter of, alimony now? Mr Davenport and Mr Gardiner admitted their preparedness to 'do this. "Why," asked his Honor, after receiving this assurance, and referring to Mrs Atholvfood, "does she not ASK FOR A DIVORCE ? If she obtains a divorce this man can do •the . right and - proper thing to Miss Townsend. I have no doubt he would do it. By the course she is taking she prevents this, and '.compels him to live m adultery with Miss Townsend. Moraliy, the man. is only doing what is rivht m sticking .tb Miis Townsend. Legally he. is not m the right at all. I cannot force "■■ on Mrs Atholwood a ..decree for a divorce.J She is entitled to what she asks . for-ra N decree, for a judi-lafe^separation. Itddrel look as" if there is: a>.great deal m what./ Mr Davenport has Suggested." :•'; ■,-.,'. Mr Davenport informed .bis Honor -tKaji; ' Mrs Atholwood was! an %ctress,-, and that; she earned something, by vteaching, danfer.; in X-- ■'■•'•■' ■ -0-?y- 00 -.-,. -y& His ETonorvV The '^lowance can always? be reduct-d . or/ increai^ed-^hicho ver waiyf ihe circumstances justify "" it. ; If . Athbi^ wood, is / .;-.;'■ f^ V-/g SUIiIPERING PJIOM •Li|RYNGITIiS^I , he may at any time" tie «■'; f^re vented frdnP earning anything at> all: I> grant a dectek ' for a judicial separation *bn the ground' of adultery. Athohvo'od js.,tp allow herpermanent alimony . at. thei-^rate of £2 a week to date from .; August -27, and to be paid fortnightly into, the court ; and the arrears as from October '27, or the sum of £8, are to be paid -within a fort-' night: .v ■*. ■'■:<•''■'■" '• Mr Gardiner : We ask 4 f or maintenance"' for the child. ' v ' i ?'• His Honor : The £2 aH week will covei? that - -;--:- r :-. Mr Gardiner : Temporarily ? .-• His Honor : Yes ;' until a further order bf . the court is. madeVv . With the £3 a Week under the arrears she will be receiving £5 a week. A further 1 order was! made directing Atholwood Co' pay Mrs Athol^ood's costs m the present proceedings. A proud girl and a music-ltox are a good double. They're both full of airs. Theodore Roosevelt, the eldest son of the ex-President, will shortly 'oegin his business career as an accountant m the Hartford Carpet Mills, Thdmpsonville, Connecticut, at a salary of £4 a week. tie yrt'd shortly enter tlie wool room and work up his way through ail the depart- < ments. TbompsoaviJle has - a population : of 7000, all mill employees. Theodore > will board m tbe village with Mr Higgins president of the company, and will live the hum-dfum existence of an ordinary villager. .At eight o'clock Ire .will enter the factory as the whistle blows, climb a stool aai beg^ WOf k as a>clerk, ' 0994 Osacioul 1