FROM THE ASHES OF DESPAIR

NZ Truth, Issue 1167, 12 April 1928, Page 3

FROM THE ASHES OF DESPAIR

A Legal Clash

Fresh Problems Arise For John Duncan, The Kirwee Farmer VERBAL CONFLICT BETWEEN BENCH AND BAR (From "N.Z. Truth's" Special Christchurch Representative.) Phoenix-like out of the ashes of the crumbled ruins of his farm at Kirwee, there has arisen for John Duncan a problem which is as difficult as it is unusual. . .

THE problem is: What should be done to give Duncan a chance to win back his economic independence and prevent him degenerating to the uncertain status of a casual laborer? Magistrate H. P. Lawry, of Christchurch, was confronted with the problem when Duncan approached the court with an application for a variation of the maintenance order for £3 per week m favor of his wife and children, also for a variation of the receiving and charging orders that had been made against him. Faced with ruin and unable to work for the next three months on account of the self-inflicted injury to his left wrist on the tragic day when he fired his farm property, following the maintenance proceedings, Duncan is indeed m sorry plight. Lawyer C. S. Thomas, who appeared for Duncan, outlined his present financial circumstances. The position was that there was a sum of about £70 standing to the credit of Pyne and Company m respect of the estate.

The farm itself had been yold — subject to the approval of the Land Board, which was not yet finalized — for £550. As an offset to this, there were expenses totalling about £180 and also another sum for £26 10s., which brought the total amount down to about £420. The Public Trustee held a further sum of £61 and m view of the greatly-. altered circumstances of Duncan's position, counsel asked that not only the maintenance order, but the other orders, be varied. Since the destruction of his farm property and the tragedy that had occurred on the farm through the death of the child, Duncan, said counsel, was m a much worse position now than he was when the maintenance order was made. Once a farmer, he was now practically m the position of a laborer and would be unable, according to doctors' reports, to do any work for the next three months. In these circumstances, counsel felt justified m asking that the orders be varied. Magistrate: "Do you mean to say that a man can deliberately dispossess himself of his property and then claim a reduction of the order?" Lawyer Thomas: "Why does your worship say 'deliberately? 1 The whole of the evidence at the time of the tragedy showed that Duncan was mental and if necessary that would have been one of the defences." Magistrate: "If a man deliberately deprives himself of the means of carrying out an order, it is almost equivalent to wilfully failing to comply with it."

The point was not pursued, but there was a sharp • passage-at-arms later when counsel referred to a grocer's account for £90, "of which the wife of Duncan had the benefit." Magistrate: "She is only one of four. It is the bare duty of a man to provide for his wife." Lawyer E. W. White, who appeared for Mrs. Duncan, objected, to the suggestion that the wife had received the benefit of the groceries. In point of fact, the particular account m question had been running for some years before his client married Duncan. Lawyer Thomas pressed the point until the magistrate, considerably rfettled, remarked that counsel had not put the position fairly. He had not said that the wife benefited with the rest of the family. Lawyer Thomas (also much nettled): "But surely, your worship, when

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there are four people, you don't take a pound of butter and divide it up into four parts. . . .?" Magistrate: "I repeat that you did not put it fairly." Lawyer Thomas began to breathe somewhat heavily and the face of the magistrate was assuming a yery pink hue. Counsel: "But, sir, I submit that 1 put the statement correctly and m plain English, which conveyed what I meant." The bench: "I say again that it was not the right way to put it before the court. Counsel began again, but the bench warned him. "Be careful, Mr. Thomas, don't lose yourself; now be careful." Lawyer Thomas: "Then all I can say, sir, is that if your worship takes that view, I am absolutely astounded, absolutely astounded." The bench (sharply): "All right, well don't say it again." Counsel sat down. Lawyer White then had a few words to say oh behalf of Mrs. Duncan. He did not wish to do anything that would make the position more difficult

Wife Shadowed ?

of solution, but m future it would be necessary for either Duncan or his wife to get out of Christchurch. Either the woman would have to leave the city or Duncan would, have to go and live m the country. Mrs. Duncan was m that condition m which she imagined her husband was following her about. After some further parley, the magistrate said that the maintenance order would automatically be reduced on account of the death of one of the children. He would -reduce the maintenance order to £2 ss. per week and with regard to the receiving and charging orders he suggested that all the debts owing to the estate be collected together and placed before Lawyer White. Ajiy concerning which he could not agree could be referred to the court for its decision.