ERRING WIFE WAS DESTITUTE

NZ Truth, Issue 1229, 20 June 1929, Page 7

ERRING WIFE WAS DESTITUTE

Husband's Alkgations In Support of Defence Against Claim For .Maintenance

<<mO&BLESOME AND DIFFICULT CASE "

THE decree nisi was made m 1928, and upon "'its' being made absolute, the wifeivwno wa divorced by her .husband on. the grounds' of mutual separation, applied for permanent maintenance, . At the time pi the hearing the application was adjourned owing ,^ .the fact that Mackersey alleged that ne wai no? entitled to pay.any nuun-. tenance because his wife waS living . with another, man. .;■■ _ £* . The point at issue was whether , a woman was entitled to receive .maintenance it it were proved .that she was an erring woman. 77, ' <■**-■'■'■ The action was brought before. ..Mr. Justice MacGregor m the Wellington Supreme Court by the wife, and it was defended. Mr. P.-'W. Jackson, who appeared for Mrs. Mackersey, stated that the case was previously adjourned m ordei* that his client COUld file an answer to the charge of impropriety laid against her by her husband. It was alleged, by the husband that from January >to February, 1927, his

Husband's Denial

wife lived, with Jock Marshall; as his wife on the Mangatapiri- Station,- at Otane, Hawkes Bay. It was also alleged that his . wife lived as the wife of Marshall at the Tavistock Hotel, Walpukurau, .from March to April, 1928 , i . Tlie complaint by Mrs. Mackersey that she was destitute and unable, to work for any length of time, was denied by Mackersey, who alleged that she had been m receipt of 30/- a week fl-om him over a considerable period, and that she had been earning money as a housemaid and a cook. He objected to payment of permanent maintenance on the further grounds that -he received £4/10/- a week, and 7/6, war pension., , Tt was submitted by Mr. Jackson that no evidence of the alleged impropriety should be given; His client, according to 'authorities, was not entitled to answer the allegations. • "I am an English girl," said Mrs. Mackersey, "and I was brought here after I was married In England. I have no relatives, and I Owe about £100 altogether to various people. I had to borrow the money for my fare to Wellington from a solicitor m Paimerston North." Mrs. Mackersey ' said she was 42 (years of age, and had been m ill-health 'for the last five or six years. Opening his cross-examination, Mr. .Hanna produced two letters which Mrs. Mackersey Admitted she *>ad (written. I The letter of March i- 1925, was not

(From " N.Z. Truth's" Special WellingtoivKepresentative). ■yiiiiimiiiiiiiiiirtimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiimuiiiii iiiiiiiiiiiiiiiiiiniiiiimiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiimiminiiiii|* I*- WMl'B 41ib ; gTiiL£\Ters;^ioiDm^ ou.* on ihs \vesftsni | I Front; while men from New Zealand were falling be- j I neath the. devastating hail of bullets m 1917, other sol- | | diers were being married m the comparative security of | f London. / f | . Many .such marriages, heralded m by the roar of j I guns, were shattered before thcpassing of many years, | J and another to find its way to the divorce court is that | 1 of Douglas Bostock Mackersey and Hilda Mary Noeline § j ' Mackersey. ' I .IniMiiMiiiiiiiiiirtiiiMiiiHiiiniiiiiMiiiMiiiiiiniiMiiiiiiiiiiiiiiiiiiiiiiiiMiiiiiiiiiiiiiiMiiiiiniiiiii mini iiiiiiiiiiiiinii iiiiiiiiiiiiiiimiiiiiiiiiiii'ih?

written before the separation, and counsel quoted it: "I am sorry there has been so much trouble and I think the best plan is to get a separation. I_a" 1 7 not going to put up with things as thoy are. . . ... Since you have always run to your mother, you had better stay there . . j you can get the separation fixed up as soon as possible." -Mr.' Hanna: So. you agreed it was better to" separate? Mrs. Mackeisey: He' drove me to work. : 7 ' ' He was ruined oh -. his. ... farm ?— Not while I was there. ' : ' t ' You know he walked off without a penny? — I do not. know it. After the separation your husband agreed to pay you 30/- a week, and from that day until the decree was made absolute he paid?— Except' in the last month when he reduced it to £1-

You say you, are 42, and were married 12 years ago, and yet your marriage certificate says, you w-ero 24 when ypu were ' married, which- would make you 3G now.:. Which is ■correct?— l said my age was that because I am older than my former husband and he asked me hot to say- anything as his people would not like it. While your were at the Tavistock Hotel;" Waipukurau, were you known as Peggy Marshall, and did you share a room with Jock Marshall?— Yes. And was Jock Marshall with you at Mangatapiri Station ?^— Yes; ' Did you pass yourself off; as a married couple, at the station? — I refuse to answer that. "...'■ Re-examined, she said she had not lived. with Marshall after leaving the Tavistock Hotel, and he had been killed m an accident on March 5 last.

With the close of the case Mr. Jackson submitted that, on the

An Erring Wife

authorities, Mrs. Mackersey was entitled to some maintenance. Even - supposing she had -beeri guilty of impropriety, she was now m such a state of health', that she could not properly . maintain herself.- " -._.....-. In • the opinion of Mr. Hanna, there was the gravest doubt that Mrs. Mackersey "was incapable of earning her own living. There were only the doctors' certificated to show that she was not . m good health. According tp. his Honor .the case was. one,' of an .erring wife, who Avas destitute, but it was 7 a troublesome and difficult case., 'No denial had been'anade of. impropriety, and, m fact, it .was admitted. ■•" : 7,. , The- question was- whether she should get permanent maintenance. He considered she. was entitled to some sum -to'.kedp her free from want, and he would order Mackersey to pay ,10/-. a week maintenance, payments to commence from January 1, 1929.