"SHE WAS HALF-STARVED "

NZ Truth, Issue 1204, 27 December 1928, Page 6

"SHE WAS HALF-STAR VED "

Woman's Allegations of Cruelty and Callous Conduct Against Broughton

HIS WIFE GETS SEPARATION AND MAINTENANCE

a fjROUGHTON then left the office, Jj and. shortly afterwards Law- ' yer Scott rang up and told me Broughton had called about his wife. Scott asked me what the position was. I told him we had received a complaint regarding Mrs. Broughton's alleged mental condition, and explained to Scott what I told Broughton." ' Lawyer Mazengarb: You knew that anyone applying for a inception order must have seen the person concerned within three days?— l understood him to say he had seen her on the previous day. He assured you she was insane? — There is no doubt about that. If Broughton had not made the application you would have satisfied yourself that she was insane before acting? — Most certainly. You would not have acted on the complaint alone? — Not at all. You did not know that morning that Mrs. Broughton was with the Commissioner of Police? — No. "What I want to make clear is that the complaint did not come from the Commissioner of Police," said Lawyer Mazengarb. Lawyer Scott: , Broughton did not make the complaint? — No, It was made by some responsible person m the community? — Miss Kirk rang the police; not direct to me. It was handed on to me. It came to us that the woman was mental and that was why we brought it under Broughton's notice. Recalled, Broughton denied having at any time ill-treated his wife. He did not knock out one of her teeth, and to his knowledge Dr. Mackin had never been called m. He had never ill-treated her m Hill' Street, and the police told him the best thing he could do would be to place Mrs. Broughton under medical examination. He related the various shifts they had made about the city, and said that half his earnings went m paying for furniture removals. Broke Glass Door lr> one place Mrs. Broughton "broke a glass door to get "another piece of me." One evening when June (the little girl) went to get him a cigarette, his wife pounced on the child and then on to him and finally threw him out the door. In Ellis Street she used to knock his cigarettes down, and stand m the door so that he could not get out. Lawyer Mazengarb wanted to know how many times the police had been called mto his home. Broughton said, as far as he could remember, three or four times. Counsel: How many times did you call them m? — Once. All these occasions were when your wife was. in a certain condition or else nursing her child? Lawyer Scott: Obviously it would be. It was purely a mistake if the undertaker had written the deceased child's place of residence as Nairn Street, said Broughton, and. where it was stated that he had; seen his wife within three days of making' the application which resulted m her journey to Porirua, it was a mistake on the part of the police. Counsel: On the part of the court. This is a declaration made before a stipendiary magistrate and you have declared it to be true? — It must have been an error on my part. It must also have been an error when you told Senior-sergeant Butler that you had seen your wife, within three days? — I did not say it. While your first wife was alive you had children by another woman? — Yes. Your first wife had to search you out and divorce you? — She had my address. Did you get two children legitimated? —Yes. How did you manage it, then, without making a false declaration?— l did not make a false statement. I did it during the war. Lawyer Scott: It could be done under the War Regulations. Lawyer Mazengarb said the War Regulations were not for the purpose of condoning such loose conduct. To Broughton: Do you remember having a conversation with the minister who buried your child? Do you remember him asking you where the mother was? — No. Didn't you tell the Rev. Christie that the mother was m the asylum and that was why she wasn't at the funeral? — No.' ■ . . Just before the court .made" a further adjournment; Lawyer J. F. B. Stevenson, who had ■ been an interested lis-

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Senior-sergeant Butler told the Court that the information'he received was that Mrs. Broughton was mentally afflicted. In the transmission of the message, did it take on a garbled character? Miss Kirk, of the Society for the Protection of Women and Children, emphatically denies having stated that Mrs. Broughton was suffering from mental instability. Where did the blunder creep in — the blunder which, transmitted to Broughton, gave him an eager opportunity to lay an information and, have his wife arrested as insane?

tener to the evidence, rose and addressed the bench. . He was watching the proceedings m the interests of the Society for the Protection of Women and Children, he said. Miss Kirk's name had been mentioned by both counsel. If the court desired to clear up the point she would give evidence. "I. wish to state definitely that Miss Kirk made no allegation against Mrs. Broughton's sanity," said Lawyer Stevenson. She had said Mrs. Broughton was m a highly hysterical frame of mind when she rang the police. What she had asked for, m fact, was protection for Mrs. Allen. Magistrate Salmon said that at the present juncture he saw no reason for calling: Miss Kirk. Counsel's explanation would suffice. If counsel thought it necessary, he could call her. When the hearing was resumed last Saturday. Brough- inmm|m mmimmim „„„„„,„„„„, tOll, Under CrOSS- imimimmiiimiwi tiiim iiiiimn i examin ati on by Lawyer Mazengarb, denied having illtreated his wife m Tinakori Boad, but there had been house quarrels. He had never seen any bruises on her following these quarrels. Lawyer Mazengarb: Do you know a Mrs. Mclntyre? — Yes. Have you any reason to doubt her honesty? — I only know she told us to leave. Was it m consequence of what was going on? — Certainly not. ■ If Mrs. Mclntyre says she saw bruises, marks on Mrs. Broughton's face and a wound on her leg where you kicked her, will you deny it? — Yes. D.o you know Mrs. McVicar, a J.P.? Do you know your wife went to Her for protection? —No. Did you iknow your wife went to her for food because you kept her short? — I never kept her short. If Mrs. McVicar says she saw your wife with a black eye what would you say? — It is a lie. . Do you remember Mrs. Mclntyre coming m to your wife when she was sobbing to assist her? what to as- ;■, i|m|||| , , ,„„„ , •sist her to sob. No, to assist her? — No. Do you remember receiving a letter from her dated January, 1926? — No. Mrs. Mclntyi-6 wrote it?— Well, I never received it. Counsel quoted certain passages from a document he had m his hand: ". . . I feel it indeed that everyone m the house should see what went on yesterday ... it makes me ill to think that a little child should see so much unhappiness. ". . . Your dear wife needs all the quiet now and all the loving care that can be given her. One thing comes between you and your wife's happiness . . ;, she is soon to go down into the valley of shadows for you . . ." Counsel: I put it to you that this thing she speaks of that came between you and your wife was your drinking habits?— No. Do you remember your wife going: to a Nurse "Willis for protection?— Not to my knowledge. Questioned concerning his wife's black eyes, Broughton said: How can I tell where she got black eyes from. I know. she never received them" from me. To Lawyer Scott, Broughtcm said he was renting rooms from Mrs. Mclntyre some time m 1926. Neither Mrs. McVicar '* nor .Mrs. Mclntyre had ever charged him with cruelty towards his wife. Herbert John Carroll, a barman, said he had known Broughton for some years, and used to visit the house after the latter's marriage. Broughton was always quite normal and moderate m his conduct towards his wife. It was nonsense to say he was drunk with Broughton on any occasion when he had visited ' the house. Carroll said that m Tinakori Road, just after dinner, Broughton sent the child, June, to get his cigarettes. Mrs. Broughton had not finished her meal and refused to. let the child go. She finally pushed Broughton out into a concrete yard and threatened to "clean up" Carroll, also. Once, m Lloyd Street;- he had seen Broughton being chased down the road by Mrs. Broughton. Broughton that night stayed with him. Broughton. al s o gave him a hypodermic'needle which belonged to Mrs. Broughton. It was still m his possession. ■ ■ ••■ „.: .' "■' ' ■ ■■ •'

He had seen the boy Desmond m a shocking condition. The boy said Mrs. Broughton had thrashed him with a mop. He took Desmond home and attended to his cuts, and applied to the convent to have the boy returned. Under cross-examination, Carroll said he had never been drunk m his life. Mrs. Linda Allen related Mrs. Broughton's entry into her home and up to Broughton's room. So far as the domestic relations of the parties were concerned, witness said she knew nothing about them at all. Lawyer Scott remarked that Mrs. Allen was only brought into the case through the inquisitiveness of the Press. A young daughter of Broughton gave evidence m defence of her father, and said' she had never seen him really drunk or ill-treat her stepmother. "I think he had the intention, but did not do so," said the youthful, witness. nmmm „,„„„„„,„„,„„.„„•,„,„„„„„„,„>„ She had seen 1111 "'""'""Mmimmimn. imummnm.,. her step mot h e r throw something thx-ough a glass door at her father. Her brother Desmond also complained about something his stepmother had done to him, and said he had a sore chest and wrist.' , The girl said the trouble between her parents was frequ ent. Mother once locked the children m a room so they would not see the family quarrels. Mrs. Annie McVI car said she was a J.P. and a justice m the Children's Court. A friend rang her once to say ' that Mrs. Broughton was very badly treated, so . she called on Mrs. Broughton wh o had a swollen cheek. In Ellis Street, after the parties had become reconciled again, Mrs. Broug hton called on her. She was as white as a sheet and showed witness bruis.es on her legs and arms. This was not long before the baby was born. Counsel: Did she have proper food? , — Not by any iimimiiiiimiiiimimiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiii means. Did you provide her with food? — Yes, I have sent her baskets of food. Mrs. McVicar said she had never interviewed Broughton. "My concern' was with the woman, not with Broughton," said Mrs. McVicar. And you supplied her,^ personally, with' food? — Yes. Miss Frances Willis said she had known Mrs. Broughton since she was a girl m her 'teens. She had never seen anything about her to suggest insanity. She was always a quiet, industrious girl brought up m the country. Lawyer Mazengarb: Have you ever known her to become violent? — Not unless she was provoked. Mrs. Broughton came to me on several occasions and said her husband had knocked her about. Witness described details of bruises she had seen and also testified to the scarcity of food. Mrs. Broughton was half starved, she said. Lawyer Scott: You -have given Mrs. Broughton an excellent reference. Did you know she wasn't on .speaking terms with her mother? — I believe that was so for a time, but I could not say what was the cause. Have, you ever seen him drunk? — What do you mean by drunk? Some can take two or three bottles of whisky and not be drunk. (Laughter). Counsel: I wish I could see the man with that capacity. Do you know if Mrs. Broughton's brother was ever m an asylum? — No, ne^er. He was a T.B. Mrs. May Mclntyre threw some light on the domestic relations existing between Broughton and his wife who had rented rooms from her. "Onoe," she said, "I heard pitiful sobbing through the wall and then shrieks." , Later, Broughton came and apologized for the row that his wife had made and asked witness not to take any notice of it, as Mrs. Broughton was mad. "I found out later that she was hot .-mad, and that his drinking was>tho trouble. No woman who kept her home so beautifully clean and cooked such beautiful meals for Broughton could be mad," said Mrs. Mclntyre. She would keep his meals till three o'clock on a Sunday afternoon when Broughton and Carroll would come m, and not as gentlemen either, but the worse for drink. Witness said she had once seen Mrs. Broughton with blood stream-

ing down her leg from a wound. She asked Broughton why he had done it, and he said he was lying on the bed and his wife annoyed him, so he kicked her to get her away. Mrs. Mclntyre said she wrote the letter to Broughton when she was ill m bed. She either sent it up to him or took it up after she got better. The parties had been separated before, said . Magistrate Salmon, m reviewing the evidence. Broughton was apparently agreeable to a separation, but did not want it forced on him on the ground stated. There was no doubt there had been scenes and there was evidence of violence on the part of the wife. The police had been called m on three or four occasions. "One may assume, however, that a man does not send for the police, therefore it is a reasonable assumption that the woman sent for them," said his worship, "and a woman would not send for the police unless there were strong grounds." He was convinced that Broughton had been guilty of violence on more than one occasion, and that he .was guilty of violence on several occasions just before the birth of the child. There was strong evidence m support of this. There was the culminating: circum-. .•stance of the application under the Mental Defectives Act. It was stated that Broughton did not make the complaint about his wife. This was true to some extent, but when the information received by Senior-sergeant Butler concerning Mrs. Broughton's mental condition, or what he thought concerned her T mental condition came to' hand, Broughton seemed to have seized eagerly upon it and applied for a reception order almost immediately. "Also," said his worship, "he was very definite about his wife being insane. He was very definite that his wife could not he persuaded to attend any place for a medical examination. He made the application on clearly insufficient grounds," "Must Have Known " Having been advised of the procedure lieeossiu y, he immediately went to court and made an application and a statutory declaration, at the same time obtaining a warrant for his wife's arrest. Considering his action at that time the surrounding circumstances had to be taken into account. Broughton must have known when he made the application that his child had been operated, on and was not expected to live. He must have known his wife was attending the hospital to see the child. Yet he laid a very serious information and applied for his wife's arrest. . ' ; : If. the information was made on insufficient grounds, as it clearly was, it was one of the most heartless and callous acts a human being could commit. The unfortunate woman- was deprived of "her. liberty for a day. or two and m the meantime the child- died. No opportunity was given her. to see the. child. The burial was arranged and it 'was a callous act on Broughton's part to have made no attempt to get his wife released. These things alone justified the complaint. "There are ample safeguards," said Magistrate Salmon, "under the Mental Defectives Act against any person who is not actually insane or mentally deficient being committed. There are no safeguards, however, against the unscrupulous action of an individual m making application for a reception order upon insufficient grounds. "Indeed, it is difficult to see how the Legislature could provide against an individual laying any information without justification. "It may be that the defendant, m making the application and the statutory declaration" which accompanied it, has rendered himself liable on' other proceedings. That matter, however, does not concern the present complaint." Mrs. Broughton, concluded his worship, was entitled to the fullest consideration as regards maintenance, and this would be fixed at £2 a week, with a certain sum for past maintenance. • Lawyer Scott remarked that Mrs. Broughton was working. v Magistrate Salmon: Yes, but she will require to take a holiday.