CAN JEALOUSY BE CRUELTY?

NZ Truth, Issue 1203, 20 December 1928, Page 8

CAN JEALOUSY BE CRUELTY?

Woman Says Husband's Accusations Against Her Constitute 111-treatment CHATS WITH NEPHEW~MASSAGE BY BOARDER

WITHIN a few months ..the domestic affairs. of the Ballantynes have been thrice before .the Dunedin Maintenance Court. The last occasion presented an unique problem for Magistrate Bundle when he was asked to assess what element of cruelty existed m a husband's jealousy. After reserving his decision for several weeks, his worship came to the conclusion that Annie May Allison Ballantyne's application for separation and maintenance must be refused. Mrs. Ballantyne told the court that her husband was making her jife unbearable by his persistent accusations. "He has laid a charge against my nephew, and spoken about others being too much about the place. I see a man m court now whom he has mentioned," she declared. There were.no instances of personal violence, but she said that her husband had used rough and filthy language. She knew that her husband had paid a visit to her father just prior to her receiving a letter from her brother. She had a shop which her daughter helped her to run, while the husband paid £3 a week for his own board and the- support of the two children. He owed £15 on this arrangement. ; In Same Room Mrs. Ballantyne had got rid of the nephqw- -on her counsel's advice, and there was a man named Duncan now living at the house. Ballantyne sat at the table and had his meals with everyone else. Mrs. Ballantyne considered that certain demands on her husband's part during the past four years amounted to cruelty, and she objected to them. Lawyer Sinclair (for defendant): You went to Napier and stayed with Mrs. Young and Duncan Young, your nephew? Mrs. Ballantyne: Yes. I put it to you that you behaved very indiscreetly with Duncan Young? — Oh, no! Did his. mother ever make any ob-jections?-—No. Y"ou would be surprised to know that, she objected? — Yes. Counsel then handed up a letter for the bench to peruse. Counsel: Do you recollect on one occasion being m a bedroom with this boy, and the back door locked? — Yes, I do. Was that a very discreet thing to do? — I thought it was all right as I was his auntie. Why did you have the door lock- • ed? — Because we were discussing a very important matter of business,' and the children were quarrelling and making a noise, i The children were put outside? — Just for two or three minutes. Asked.. if she had ever discussed her health With her nephew, Mrs. Italian -

Some boarders who are treated as members of the family can enjoy many privileges. For instance, Annie May Allison Ballantyne's lodger used to rub her knee without resentment being shown by her husband, John McKay Ballantyne. The husband, however, took strong exception to a friendship which existed between his wife and her nephew, and ordered the youth out of his house. So intense was the husband's sense of injured affections that Annie said his jealousy was akin to cruelty, and on this ground applied for an order for separation and maintenance.

tyne replied that on one occasion she had a«ked him if he could remember when last she had a "crook turn," a fainting sickness to which she was subject. ._ Did you invite this nephew to come and slay with you? — :! had to have somebody to come and help pay the way. You didn't consult your husband? — No, it is my home, and he never objected. Did he know your nephew was coming?—So far as I am aware. How did he know? — He has grot eyes. Mrs. Ballantyne volunteei*ed the information that before she and her husband came to live m Dunedin, she hud , been milking 16 and 17 cows morning and night, yet" she had been sworn at and told she was wasting her time, sitting down. Mrs. Ballantyne denied that her nephew once refused to leave the house when her husband had returned and found the young man taking supper. Counsel: youi' husband shows plenty i of affection towards you'' — Yes; peeping round the paper and corners. That's his' way of snowing affection. Further questioned regarding her relationship with the nephew, complainant said that the youth's mother had once declared that she wished she

(From "N.Z. Truth's" Special Dunedin Eepresentative)

had drowned him when he was born, as he was "just a Simpson." I Mrs. Ballantyne declared that it | was most "unfair and rotten" to say she had been indiscreet with her nephew. "So do I," remarked Lawyer Hanlon. "I think it is just a case of insane jealousy. v Yet. he wants you to live with him — he loves you." Simeon George Griffith, land agent, stated that Bailantyne had once told him of his domestic troubles and that ho had ordered his nephew away from his home. Ballantyne- had also intimated that there was now a certain other man living- at the house to whom he objected. Lawyer Sinclair: Don't you live apart from your own wife? The witness declined to ansAver this question, but" pressed by counsel he said that Ballantj'ne had known him when he was a minister, and that ne had left the ministry because of trouble with his wife. ' That m the Ballantyne home, at which he was a boarder, there was a "strained atmosphere and undercurrent" was the opinion expressed by Robert Duncan, a painter. Duncan said he had heard Ballantyne refer to the nephew as "that watery-.

eyed ." He had remonstrated with the husband for believing that anything was wrong m the nephew's presence at the- home. Lawyer Sinclair: You and Mrs. Ballantyne have your meals together and this poor fellow has to get his OAvn? — I get my own sometimes. Mrs. Ballantyne sometimes has a cup of tea wil. me and then goes on with her own work. I You have been sitting round the fire, and you' have had the audacity to rub Mrs. Ballantyne's knee m front of her husband? — Yes. She was suffering intense pain with a broken knee. Lawyer Hanlon: The husband was there. What w;as there to object about? Since the marriage m 1914 he and his wife had had "little tiffs," but had patched them up and got on all right, John Ballantyne told the court. Real trouble started, however, when a nephew arrived down from the North island at the time of the Dunedin Exhibition. Ballantyne said he had been m the habit of taking his, wife out often, but tlie nephew had arrived and "took up the running." ft Just Foolish " On one occasion he had overheard an undertoned conversation between his wife and nepnew behind the woodpile on the : subject of his wife's health. He and his wife had ceased marital relationship about the time the nephew arrived. Ballantyne denied his wife's allegations concerning certain demands. Beyond her behavior with the nephew, he had nothing to say against his wife, but she had "stuck her toes m, and there she'll stick." Lawyer Hanlon: Why do you go about tovyn making suggestions against her chastity? Ballantyne: I don't. I think she is -straight, but it is just her foolishness. Didn't you say to Griffith that your wife was more intimate with her nephew than with you? — So she is if she goes out every night witn him; that's all I mean. Turn-about would be fairer play aiid would not look so lop-sided. . * Ballantyne stated that he had not objected to Duncan rubbing his wife's knee for the reason that he had promised not to create any disturbance. "Has he often rubbed your -wife's knee?" Lawyer Hanion queried. "Yes," replied Balluntj-ne. In front of you? — Yes, and behind my hack. Huw do you know? — My wife would say: "What about rubbing my knee, Bob? 1 ' and I would go away to bed. 'Several witnesses were called for the defence, which ■ satisfied the S.M. that Annie was hot entitled to an order •fi'om the court, ifilill!llillll!!!|!!!!i!!i!!;^