HUSBAND'S FEAR-RIDDEN NIGHTS

NZ Truth, Issue 1255, 19 December 1929, Page 7

HUSBAND'S FEAR-RIDDEN NIGHTS

MR. O. C. MAZENGARB, who appeared for Johnston, portrayed the highlights of the case m such a manner that the women upstairs leant forward m their seats to catch every word. "She made it impossible for him to live with her," he said. "On one occasion before the separation She was .found m an upstairs cupboard, dressed m male attire, which she had purchased from a drapery house m Wellington. Hiding m the shop premises. "On May 3, 1926, the usual course was taken of -writing Mrs. Johnston a letter, suggesting a deed of separation should be entered into and a discussion arranged, .but she refused to entertain that suggestion, and persisted m her conduct of annoying her husjand—on May 13 she took his tiepin and extracted the diamond from it and put a glass stone m its place. "Another letter was sent to her, but this was returned by her to Johnston's solicitors, unopened. "On July 16, 1926, as the result of further trouble and assaults, Johnston finally left the home and took proceedings for judicial separation. "Awful Rowing" "At the end of 1926 an effort ,was made to bring these proceedings on, and negotiations were entered into for separation, but m April, 1927, the respondent was arrested for being found by night m Te Aro House drapery store, into which she had 'broken. "While on remand on that offence, it was ascertained she had been guilty of various other burglaries m town, and she was sentenced to two years' imprisonment. "She served 23 months, and was punished by solitary confinements whilst m prison, whereas, had she been of good (behavior she probably would have served a much shorter term. "Ever since her release from prison she has annoyed her husband m various ways, even to visiting the school where her daughter is being- educated, using- the most disgusting language m front of her. . . ." There was an expectant atmosphere about the court as the first witness took his place on the witnes-s stand. Edgar Thomas Spidy, mechanical engineer at New Zealand Railways head office m Wellington, said he used to reside at Thorby Street, Northland, right opposite the Johnstons. "I was there about a year preceding Mrs. Johnston's arrest," he began, "and I had to take steps my.selt' to stop, the annoyance to myself and my family. _ "The trouble was the awful rowing and racketing going on. It upset us to such an extent that I simply had to do something, so I asked the chief of police to do • something. ' "It would occur any time during the night, nearly always between 11 o'clock at night and two o'clock m the morning. The continual rowings awoke us, and we sometimes went to the windows to' see whether we could see anything." "Get the Gun" His Honor: ' You could hear? — We certainly could hear! . Johnston was invariably outside the house, and we could hear quite plainly. Mr. Mazengarb: Where would Mrs. Johnston be?— ln the house. The noise came from her slamming the window down and banging doors. Who was the aggressor? — I can only say from the noise itself, and quite obviously the aggression was on Mrs. Johnston's part. ! Would Johnston be doing anything? —He would, be pleading with her to be quiet, or. ask her to throw out a blanket. Did you ever hear any reference to a gun? — Yes, that was the subject of my conversation with the Chief of Police, for Johnston had said m reply to something his wife had said: "Very well, then, get the gun. Do that job;" but that was all just "tripe," as you might say. Counsel: Was he patient? — Yes. I would say definitely that Johnston was on the outside. He had all the patience m the world. Did you ever see Johnston early m the morning after these rackets? — — Yes, my family has seen him dressing m the garden, behind a bush, and I have seen the daughter coming out of the house with a cup of tea for her father. Mr. Jackson: How far away was your house from the Johnstons'? — Oh, about 50 feet on a slightly higher elevation. ■ ' ■■-,'• Rather difficult *to hear just what was going on? — Yes, for which we were rather thankful. You didn't know the cause of the troubles? — No. Were they frequent? — In spasms, I should say, perhaps a week or two between them. Mr. Jackson: Did you hear him say: "Then get the dagger out"? — Yes. The narrative contributed by William Francis Jacobson, a tailor's cutter, who also had lived close to the Johnstons, was similar to that given by Spidy. ■ ' ■ "She Chased Him" Mr. Mazengarb; asked him whether he had heard Mrs. Johnston calling and shouting to and at her husband. "Yes, on several occasions," replied Jacobson, "and she chased him out of the house with a big stick." Mr. Mazengarb : At night time was there any trouble? — Yes, I several times complained about the rowing; rows created by Mrs. Johnston; rows that woke my children and made them cry; so I spoke, to Johnston about it. Was he doing anything? — No, he wasn't making the noise; he was just getting but of the road. I have seen him outside eax-ly m the morning, with just his trousers on, and often saw him having a cup of tea outside the gate. Did you ever know Johnston to show signs of taking liquor? — No. Have you ever heard Mrs. Johnston saying anything about drink? — Oh, yes. I have heard her say to him, 'Coming home drunk

■ . ♦ Chemist Tells Story of Wife's Amazing Threats and Naggings WAS SHE IN CUPBOARD DRESSED AS MAN ? (From "N.Z. Truth's" Special ■Wellington Representative). The life of Jane Anne Johnston is an emission of strange psychology — woman burglar, virago-wife, deep thinker; a woman whose mind followed strange courses m order to effect her ends, painful and violent as they were for her husband, Robert Johnston. He, a chemist whose business was reputedly suffering as the result of her onslaughts upon him, passed through most of the terrors of the matrimonial Pit. Quiet-speaking, retiring, long-suffering, he endured her insults, spent a life of fear-shaken nights and bitter days beneath the shadow of numberless threats, buttressed with a continual stream of abuse and racketting. A stoic of forbearance, Johnston has ail last secured his divorce, described by the Chief Justice as a very unfortunate affair.

again,' but without any justification whatever. Mr. Jackson: You say you heard Mrs. Johnston say: "Coming home drunk again"? — Something to that effect; but I came home with him that night and he had no drink on him. Do you know it is alleged your wife called Mrs. Johnston a loose woman? — I couldn't say. I know nothing about it. ' • Didn't she get . a lawyer's letter?— Oh, yes. It was something about what she was supposed to . have said about Mrs. Johnston, but I didn't know anything about it. I don't know what it was all about or supposed to be about. 1 Jacobson then left the witnessbox, whereupon his Honor strongly urged the parties to confer upon the question of arranging the pf6cedure of the case in such a way as to protect the future of the young child of the marriage. "I think it is very unfortunate, m the interests of the child, gentlemen, that there should be the necessity for these proceedings, because of the dirty linen Which it would seem must be washed. "I shall prevent as much of it as I can, of course, but it is one of those occasions (I have seen the papers, of course) 'where I think it quite obvious the parties cannot live together, and the probability is that one side is entitled to a decree. "I cannot understand why, m the circumstances, they should not attempt to meet each other on some reasonable footing, m the interests of the child. What I have said I have said deliberately. Both 'of you, gen-tlemen,-know exactly what I mean." Mr. Mazengarb: I have considered very carefully whether or not I should not apply for the case to be heard m camera, your Honor. Mr. Justice Myers: I do! , not think that an order for the hearing of cases m camera should lightly be made, nor do I propose to make any such- order at the present moment; but it is competent for me to order such proceedings if I think it necessary. The parties retired at 1 p.m. to consider and discuss the suggestion proffered by his Honor, but at 2.45 p.m., when, the court ; resumed, no mention was made of the proposition, and it became evident that negotiations had failed. .- -... A Reserved Man The Judge refrained from passing any further comment and the case proceeded. Maud Tllley, who occupies a flat Over Mann'S l)OOt Shop m Cuba Street, next door to Johnston's pharmacy, said her windows overlooked petitioner's back premises. Mr. Mazengarb: Have you seen Mrs. Johnston on the baclc staircase trying to get into the shop? — Yes. Do you remember,' early m 1925, hearing a sound that attracted your attention? — Yes. What was it?— Falling glass. And you looked out to find the cause?— Yes, the wash-house window leading into the shop' was broken; Mrs. Johnston was leaving. Do you also remember one morning m 1925 looking up and seeing somebody m the back yard— who was that? —Mr. Johnston, his father and Mrs. Johnston. What was her conduct? — She was abusing them, accusing Mi*. Johnston, senior, of breaking up the home. What sort of language?— V«ry bad language. She called him a mongrel. And was there any reply? — No, he tried to get away. He seemed not to want to talk to her at all. Have you heard her on other occasions? — Yes, very often. Doing what?— Trying to get m. There is an iron staircase leading to the back door, and' she was trying to

get m, while she abused him through the dosed door. Did you ever see her m Cuba Street at closing time? — Yes, watching the shop continuously, from six o'clock until eight o'clock m the evenings. Have you seen any wrong behaviour on Johnston's part? — I have been m Cuba Street 20 years, and known him always as a quiet, reserved man. Mr. Jackson: Weren't you m the court a couple of years ago, with Mr. Mann m this case? — Yes. Don't you remember Mann saying- to -you "You stick to that and Johnston I will see you right ?"— No, sir, Mr. Mann and I neyer talked abput the case, and I never knew I was coming until I got the summons. Mr. Jackson then made some veiled references to the suggested po.ur-par-lers between himself and petitioner's counsel. , "May I make a statement m regard to the matter which was before the court at lunch time, your Honor?" he asked. • • . ■ . - ■ ■ ' The judge: Well, I don't know — what is it? ■'■ ■-

Mr. Jackson: Well, my client has given me certain instructions. Were they instructions which tend to shorten the matter? — Yes, your Honor. Well, hadn't you better speak to Mr. Mazengarb ? Mr. Jackson took the hint, and there followed a whispered conversation between Mrs. Johnston and her counsel. Then followed a muffled conversation between Mr. Jackson and Mr. Mazengarb, and between the latter and Johnston, but apparently without avail. Three minutes had elapsed when the judge said: "Perhaps you had better proceed, Mr. Mazengarb, because whatever happens you have to prove your case. ' Ernest Leon Vivian Brown, chemist's assistant, formerly employed by Johnston, gave an account of his experiences with the respondent. Clothes Crinkled , "During 1926 I saw Mrs. Johnston come into the shop and make such a terrible fuss that Mr. Johnston used to get out m order to save a disturbance." Mr. Mazengarb: What was the nature of the disturbance? — She called him a lot of names — I d.on't know what they were— -but they seemed to me to be unnecessary. , Abusive language, especially m the shop. What about, the telephone? — It was constantly ringing, she asking for Mr. Johnston, but he told, me he didn't want to go to the 'phone, as he had enough of it at home. When he came into the shop m the mornings, did you notice any thingstrange about his clothes? — Yes, they, were very crinkled, and. looked as though he hadn't had them off but had slept m them. Do you remember about April 1926, when you were directed to go upstairs? — Yes. For what reason? — Well, previously to this conversations that had taken place m the dispensary were repeated by Mrs. Johnston when her husband arrived home, and so we looked m the room above the dispensary and found a board had been taken up. Yes? — And it appeared probable that somebody had been listening there. . . Were some noises heard, . or anything like that? — Yes. I came back from lunch at 1 o'clock one day, and Mr. Johnston, I and another assistant named Bruce, went upstairs and' noticed a number of spent matches near the hole m the boarding. In the Cupboard Counsel: Yes? — I proposed I should go upstairs, Bruce to go downstairs, and we should make a search right through. Well?— I went into the back room, but there didn't appear, to be anybody there, but when I opened the door of the cupboard there I saw Mrs. Johnston, dressed m male attire. . Mr. Mazengarb: Oh! — Yes. I got a shock when I saw her, I can tell you. I said 'That will do,' and dashed away. She had a Stick m her hand. . Did you do anything- else? — As soon as I got downstairs I told' the others what I had seen, and so .we decided to wait ten minutes before returning. When we went back there wasn't anyone there. Mr. Mazengarb (to Brown).: Did she come back to the shop that day?- — Yes. alio.ut two hours afterwards, properly dressed m her own clothes. Did you have a talk with Mrs. Johnston?— Yes, and she begged me to- tell Mr. Johnston to come hom<\ and he didn't she would commit' suicide. What was Jonnstofl's utinuuo at the time? — He stayed away a good deal and — ■ . The business was neglected?— Yes, it was. . . ... Did he ever show any signs of damage? — Yes, scratches about the face and bruises on the arms. iWasn't there an iron door at the back of the shop? — Yes, and it was burst open one Saturday night. A couple of hours afterwards Mrs. Johnston rang up, and .m a voice disguised as a man's, said Johnston had been

carrying on with another man's wife and that 'he- (the man ring-ing- up) would not only break open the doors; but break the man's head as well. . .. His Honor: Did you . recognise the man's voice? — Yes, it was Mrs. Johnr ston's. ;' Mr. Jackson: Do you -.think that the hole m the boarding was made by the electricians or gasfltters-?-T-Oh, -no'. That person m male attire; was it Mrs. Johnston? — I could swear to it. How close were you to her? — About two feet, ' Did you speak to her? — No. You carl imagine how startled anyone would be, not expecting to see anybody doubled up m. a cup- ■ board, and when he opened the door suddenly seeing a woman- — er — er — l was too amazed to speak to her (laughter). Scared, were you? — Yes, I was scared to see a person there m the cup. board, especially as the cupboard door was closed. How long were you looking at her? — Well, about 30 seconds. Did she have a hat on? — Yes. a cap. Did you tell Mrs. Johnston you considered J Mann was the cause of the trouble between Johnston ■ and his wife?— l did rib*.. Albert Edward Mann, close friend of petitioner's and a boot importer who conducts his business m a shop next door to Johnston's pharmacy, said he had known the Johnstons for many years, even prior to their marriage. : Mr. Mazengarb:. For twelve months prior to ; the separation m 1926, was it customary for Johnston to go out with you to P.ukerua Bay? — Yes, and he did some of his /washing there, too. Did you ever see him m the mornings, at . ;the shop ?— Yes. He looked very "seedy," arid always went out late m the, morning's to get his breakfast. m consequence I thought he needed a"blow,", so I invited him out to Pukerua; Bay. ' ; „ : - ■'. A Witness Embarrassed Mr. Jackson: You seem to have taken a great interest m this case? — Oh, yes. You are a. 1 personal friend of Mr. Johnston's? — Yes, that's so. But not of Mrs. Johnston's, are you? — I came into contact with her when she was single and used to go into her shop, while she also came into inlne to make purchases. . "I never dealt with the man!" exclaimed Mrs. Johnston, only to be immediately silenced by Mr. Jackson with a warning "Shush ! " Was there any liquor at Pukerua Bay? — No, none at all. And if Mrs. Johnston says she wrote a complaint to you about it? — She wrote and thanked me for the fish that he brought home from the Bay. Thomas Hall Coltman told the story of Johnston's diamond tie pin. Coltman is a retired watchmaker and jeweller, who was for many years m business close to Johnston's premises. He related how Johnston came m to see him m March of 1926 with a scarf pin which Coltman previously had seen. ... Mr. Mazengarb: So you knew the stone, then? — Yes, I knew the stono, a diamond. His Honor: What did you find on examining the stone? — I found a paste one m place of the diamond. Mr. Mazengarb: Was it very loosely put m? — No, it was set m fairly firmly, but you could see the claws had been opened. Did you ever hear Mrs. Johnston use bad. language? — Yes, very bad language, m the rear of his shop, close to mine. The Judge: What do you call very bad language ?— Well, er, it was disgusting. (Witness looked very confused.) . Well, that doesn't matter.— -Well, she told him to go out to his — . His Honor did not pursue the matter. Mr. . Mazengarb: Any accusations of impropriety? — No, Did you hear things being thrown about- — what was Johnston's temper 7 — l heard' things being knocked about. Johnston never retaliated. He ''was a. very . retiring man, always.

Did you ever notice his condition In the mornings? — Yes, he looked dishevelled. It used to make me thlnlc at first that he had been on the tiles all night. (Laughter.) Mr. Jackson : Now, about that paste stone. Did it look as though it had been' put m by an expert? — No, it did not. Now, you said that sometimes m the mornings Johnston looked as though he had had a night out — "on the tiles"? —Yes, ' He might have, so far as you knew? —Yes. Short m stature and kindly of face, Robert Johnston, the petitioner, recited the sorry features of his petition — named them m a voice which suffered alternating clouding from his recollection of apprehensive nights and fear-chased days.According to him his life, from the time of the . union m February, 1916, to the date of their separation m July. 1926, was for him a well-nigh sleepless adventure, a span of stole forbearance. "About four months after the marriage there was trouble," he said, "but I thought it just tern- ..' per, with which her condition had something to dd Her temper was so terrible, I couldn't understand it. "Some time afterwards it became so bad that on two occasions I had to stay a night at the Occidental and the Cecil hotels. "Constant Nagging 1 " ' "I suffered night after night," he said wearily, "and I was so exhausted I simply had" to leave the house. I hadn't my clothes off for nights, and I had been up night after night, Mr. Mazengarb: What kept you up night after night?— -Constant nagging and bad temper. I wasn't allowed to sleep. Sometimes I. would wait until she had at last gone off to sleep, and then 1 Slept on the dining-room, couch. You left your bedroom m December, 1924, didn't you, and commenced sleeping m another room? — Yes, .1 'slept m the back bedroom, perhaps for a month or something like that, until the door was locked by my wife. I didn't see her lock it, but it was locked, and I knew she had the key. ■ • And where then did you sleep? — On the couch m the dining-room. For how long? — For nearly six months on end. Any bedclothes?— No; I had a very good overcoat and my own clothes on. , , " From, marriage you had been m the habit of getting the breakfast?— Yes, and when the baby came along I made the baby's food for the day. . And when the child, went to school? — I cut her lunch. What stopped this? — I think she must have thought I got some pleasure out of it, because she used to come and chase me away, abuse me, use all sorts of language, and threaten me. Did your wife ever throw anything at you ?_she threw a Bible at me, my watch, a cup of tea, and the contents of a teapot. Ever strike you?— Yes, on many occasions. She used to chase w\& around with a stick, and she often ran off the hot water so that I couldn't have a bath. She used to spit, top. Did your wife ever accuse you of immorality? — Yes, and before the child, too.. She would say: "Been out with a woman?" . or "You're keeping some woman.", and "You're a mongrel," and "You're paying a woman five pounds a week." • And that was m the presence of your child? — Yes, and that is what hurt me most of all. Did she make any threats? — Yes — "Get out of here or I'll shoot you. I'll kill you." One Sunday morning she threw my watth at . me and smashed it, saying, "I'll shoot you m your sleep." Did she interfere In your business?

— Yes, she made it almost impossible for me to go m. After all I had gone through at home, it wasn't sufficient for her. for she rang me continually on the 'phone, carrying on. Did she enter the shop? — Yes, that was one of the reasons why I had to sleep with my clothes on. If I went to bed without my clothes she would take my keys. I had to change my keys at length. In 1924 you started keeping some notes of what you went through, didn't you?— Yes, I have them here (fishing a sheaf of pages from an inside pocket). Now, how did you manage to keep these? — I stored them m riiy safe and then put them into the safe deposit at the Public Trust. Why didn't you commence these proceedings before? — Because that would have meant parting with the child, and' I couldn't stanS that. 1 couldn't leave the house as she would have charged ' me with desertion and that would have meant good-bye to the little girl. My wife often said to. the child,. 'You've a bad, wicked daddy." -

Now, on December 8, 1924? — She shut herself up m the pantry and I got her out. She began throwing a carving knife about, threatening'to cut her own throat, while she abused me left and f right. That night she came into the shop, took a handful of cash from the till— rifled it. (Laughter.) Anything else? — Well,-'- one night I had to sleep on the bathroom floor, and later she broke .out again and stormed about an Imaginary woman. These and similar episodes were narrated' hy Johnston m a weary, plaintive voice. One incident concerned a spasm of nagging and violence which lasted until half-past two m the morning, when even respondent was exhausted and went to;, sleep. Even then Johnston -was too appre-. hensive to sleep. ' --v The Blind Episode i '••"; Threats of- killing, acts of violence, purple language, and vilification was. the mental food which Johnston said his wife dispensed, for him each day, and when at length she met "him on Lamb ton Quay With the intimation that sh©- was "going flown .to tho wharf," he communicated-" with thepolice, since he feared she might carry her* threat into- effect. '■" "That night I walked around the " house until I was satisfied she was asleep,' and somet ime after three • o'clock m the morning I went to , the couch m the dining-room. I couldn't sleep, though, because I was afraid she would attack me. Counsel: While you were staying at an hotel did an incident occur?— l got a message on the 'phone, but I said I •wouldn't answer, it, "and:. later that night someone tried my door. Did you call out? — I asked who was there, but received no answer, and after two or three minutes I beard someone at my rjy-indow.' I pulled up ? the blind and saw it. was my wife. "' How did she get there?— Up the fire escape. She looked through the window, saying, "Let me through, let me through. I shall -break my neck if I go back."' I said, "You can .if you like," and pulled down the blind. I saw j\o more of her that night. Rummaging through .Jits, notes, Johnston observed, "I havera note here. • 'My feet were very sore on » a . . '"'■■ '■ His Honor.; (hastily): Yes, yes. That is granted. /(Laughter.) Do you remember any other, incident about that time ?4^( Referring, to notes) Yes, I woke up and found her m my room with a handkerchief .soaked m chloroform-; She also ; had some hypo-; dermic taibiets, which she -said she in-, tended using on me. Did she attempt to break into your snO p?__ She ald brtak i,n; frrqke the iron door. . . ..,- • • That was the occasion of which Mrs. Tiiley spoke ?— Yes. .':'.' Johnston related: a number of similar incidents, including among them an' allegation by' his Wife, that he was consorting: with :a.eganer;ate women, a suggestion, he said,, which was absolutely untrue. .She threatened him with a dagger, threatened him with all sorts of things, he said. Defence Withdrawn The womenfolk m the public gallery of the court must have been dis : appointed if they anticipated a cutting spell of cross-examination from -Mr. Jackson. His Honor: Well, Mr. Jackson? — I don't propose to cross-examine this witness, your Honor. The judge: 1 think that is wise. Mr. Jackson: I am going to announce that since the court rose I had a consultation with my client, and she has decided not to proceed further with her defence. I ask your Honor's leave to withdraw the defence. That has been adopted by my client because it will avoid the necessity of putting certain members of her family into the witness box. -. '-.-..• .■■..- Mr. Mazengarb: IC your Honor will grant the decree, Mr. Johnston desires to say he will see his wife is properly maintained. . ■ ' The Chief Justice: I think the course taken by your client is a correct one. . There are certain peculiarities of the case — 1., should" say unusual circumstancesrr-but I''am satisfied from; the .evidence that a case of constructive desertion has been. made put and It would be' difficult to answer that case. L "Consequently I think you have been quite wise (turning to Mr. Jackson) m not proceeding further with he answer. I propose to grant the decree nisi. "The case is one (and this is what I meant yesterday' morning) where the respondent is:"probably not m the posl-; tion or condition ;.tpi"earn her own living, Tvholly"'. or ■perhaps not even partly, and I certainly .jvould.. hot be prepared to do anythingr.v •which would have the effect of £h'r\awing her. eitherupoh the State or upon .the street. "However, I understand; ..from what Mr. Mazengarb said that--is.v.the last thing petitioner desires— and -he will be given interim custody of the child.'* Mrs. Johnston breathed deeply, at the neck of her smelling salts 'bottle, arranged her hat, held a whispered consultation with ..her counsel, andhurried; away from the court. ■i ■ 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 til it ri t ) ti'i l II 1 1 1 1 1 1 1 II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 II 1 1 1 1 1 1 1 1 1 1 1 )