EDEN v. EDEN.

NZ Truth, Issue 477, 8 August 1914, Page 4

EDEN v. EDEN.

i Matter of maintenance.

SOME SCENES IN MR. KETTLE'S COURI.

Defendant Drops m a Dizzy Dream.

Lawyer London Laments that he was Insulted.

<Tfaere appears to be no- ending to the (domestic differences of the Edens, and during the last three months there have been only three weeks when- the Edens have not appeared at the Court They were m attendance again on Friday last, when Rosaline, THE GIRL<- WIFE, (wanted to know why Percy had not regularly paid up -.the quid weekly ■which Mr. C. C. Kettle, S.M., had ordered. Rosie also asked that Percy be ordered to find sureties. As on previous occasions Eden was attended by Lawr yer Lundon, .while the wife . brought lawyer Dicky Singer along. The amount Eden; has tailed off on . the: order up to July 9 was £1, while Jhere was also a guinea owing to costs. Mr. Kettle: Before we start on, this case I might mention that since last Friday the girl had an offer to go into a Home at Otahuhu, but she declined. Then her grandmother came up fronv ■Waihi and ' off ered ' the girl a home with her. £ saw them and strongly advised the girl to go with her grandmother. There is a home there for the girl, hut I don't think she is ] particularly anxious to go. ■'...•.■'■• , ' • ■ Lawyer Singer: Oh, no, sif . The girl < fe quite willing and intends to go with ' her grandmother. Mr. Kettle: I am pleased to hear it. ; < lawyer Lundon:; I doubt very much if your Worship will hear of her removal to Waihi, as I fancy she will, not go. Mr. Burke, with whom she has been staying, and I are personal friends, and he rang me up and I think the girl has little intention of going to Waihi. Lawyer, Singer:, Oh, yes, she is. The ' arrangements are made. Lawyer Lundon: I am pleased to hear it.- --; Eden then entered the box. ( , Mr. Kettle: Why have you not paid ! Ibis money? — -I have not had it i Are you working? — No. j'* Lawyer Singer: ' Since when?— Last Monday^ [ Mr. Kettle: , /'. ; ! HOW MANY OIGAITETTES <do you smoke a week?— Two packets; I that' Is, when ,1 have the money to buy them. Lawyer Singer: When you came to Auckland did you have money? — Yes. When did you bring the car to Auck-land?-—About Christmas time. : When did you start running the car ..fet North Shore? — About two months 'Afterwards. ' ; I Now do you swear that you have ■only been earning two or three shil- ! lings a day during the last week or so? I •—Yes, some days I don't earn anything '-at. all.-. „\ -.-:/.■-. ■ I Eden went, on to say that, he .was doi ing- his best and only hoped he could «am money which he would willingly give to his wife. He had found it impossible to make a living with the car as his case had received so much notice m the papers that he had lost his cus--tomers. Whereas there had only been on© car piyin& for hire at North Shore there were now five. On Monday he gave .the car to his brother. Mr. Kettle: Where did you get the tear?— l borrowed £60 from my brojthex. .-,.':..' ■•■ < .' ■ ■ > ' Bid you pay him back? — Pay him bade? No, I have been borrowing from him all the time; I could not go on. as I am, so I gave him the car to pay part of my debts to him, . Lawyer Singer: What is your brother going to do with the car? — Sell it, J. think. What work are. you- 'going -to do? — I 4don't know; anything I get. Are you going to pay your, wife taoney?— l have 10s m. my pocket lam going to give her this morning. It is j&U. the money I have m the world. Have you got a banking book? — No. ; Where is it? — The Post Office has it. How much did you' have m it? — Bs. . Do you say that is all?— Yes. I mean since this case wits first started? — Oh, I don't know.. How much did you draw out just after the case was first started?— l don'tknow, but • > I THINK IT WOULD BE FAIR If you gave my wife the money you charge me to appear for me m Court and you didn't appear. . Lawyer Lundon: Oh, 'so Mr. Singer was first of all engaged to appear for you and he is now here for tho ■wife.

That's a very nice thing, I'm sure. Lawyer Singer: Don't be absurd. Didn't I draw up a private deed of separation? - Eden: Your Worship, I paid Mr. Singer three guineas to appear for me, but after it came out about the postcards, which were not mine, he told me I would get seven years if I went into Court and he would not appear. Here Is his receipt for the three .guineas, arid I think it is only a fair thing he gave two guineas to my wife. ' Mr. Kettle: I do'n't want to hear anything about that. Eden went on to say that his brother had offered to set him up m the-photo-graphy business, but unless the wife went back to him he would have to get

He is full of' useful knowledge. Which he picked up at a college, And i in. Auckland ladles, out to young ■ and old; ," .- He has tried to be a Mayor, , . But for him they didn't care, Some good old yarns about George George are told.

a girl to look after the business while he went away canvassing "for photos. Lawyer Singer: How much would you earn? — About'* £7' a week, I suppose. ; Well, why don't you start the business and pay a' girl to look after it,? You would then have about a flvor clear? — Well, I can't. Won't your brother come to your assistance unless your wife goes back? — No. Mr. Kettle: How much has this case cost you m legal expenses? — £11. How many solicitors have you had? 1 - Three. I think it' would have been bettor had you paid that money to your wife. Now, look here! I AM NOT SATISFIED with your evidence; I am n6t satisfied with your conduct, and you have aoi satisfied me that there arc reasonable grounds for your not complying 1 with the order. I cannot place any reliance upon your, statements of receipts and expenditure. I convict you for the disobedience of this order and sentence you to a month's imprisonment. • With, a groan Eden. swooned and taU out of the witness box. After, a few minutes he came \p und was placed m a chair. Mr. Kettle: I require you, under .section 30 of the Destitute Persons Act, to find sureties for the fulfilment of tho conditions m respect to this order. Tlie surety will be of £50. Now the order will be suspended to give you a last chance to pay, and I will give you till Monday to find the surety. T also point out to you that If-you fail m your requirements towards your wife you are liable to six months' imprisonment. My advice to you is to change your life. I don't think you are a criminal, but I do. think you are a waster. It is m consequence of your dissolute habits that you are m your present position to-day. Eden: I don't know, your Worship, I have always had a good name all over New Zealand. Lawyer Lundon: Will your Worjhip fix tho cost of appeal? Mr. Kettle: You know tho practice of thl« Court, Mr. Lundon. I will n<i Lawyer Lundon: Pardon me, your Worship, but Mr. Kettle: You know perfectly well what the practice is. It is not customary to do so m auch cases, but If counsel will consult and make the necessary arrangements I will fix costs. Mr. Lundon: I would call your Worship's attention to an affiliation caso heard by Mr. Cuttcn last week m which cost of appeal was fixed. Mr. Kettle: That is not true, Mr. Lundon. Mr. Lundon: I am NQT IN THE HABIT OP LYING to your Worship. Mr. Kettlo: Sit down. «ir. Mr. Lundon: I can give you the cusp. Nlcholltj v. Lockharl, hoard v few days I Mr. Kettle: Sit down, ulr. Mr. Lundon: Certainly, sir. but my HiutcmentH aro true. A lltilo later Mr. Kettlo, who had befn periling th« Statutes said: If you will turn up .section 77 of the Destitute i-Vr«on« Act, Mr. Lundon, you will find what tho procedure Is. Mr. Lundon: I know iho authority: J ait»o know that your Worship grossly Insulted mo»