FOR ASSAULTS ON WOMEN

NZ Truth, Issue 1274, 1 May 1930, Page 5

FOR ASSAULTS ON WOMEN

GIRL-WIFE'S SHATTERED ROMANCE Former Amateur Operatic Star Plays Tragic ■ ■ ■ • j ■ ■ ■ ■ • . . Role In Court Drama "I WOULDN'T LIKE TO SAY HE IS A WASTER"

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Two years ago, Mary Theresa Nutsford, the woman— or rather, girl — m the case, was one of the 'leading lights of the Invercargill Amateur Operatic Society, and, as danseuse, she tripped her feet into the heart of David James McKay, whose rotmst voice added to the volume of 'joyous music harmonising from the chorus of that gay and talented band of amateurs. David, son of David W. McKay, one of Invercargill 's wealthiest merchants and prominent figure m public life, told the old, old story, and they were married m October, 1928. ! . • ■;■.■• Then, following swiftly m the footsteps of romance— a happy interlude that lasted the few short' weeks of the honeymoon— discord entered, and, according to the girlwife, her husband had finally said: "I have done with you." . Applying to the court for maintenance and separation, the wife was granted the former, but decision upon the latter issue (was deferred m the hope that "a reconciliation might be effected.

FRAIL and pretty, it was obvious the girl-wife was suffering from a serious illness. Mr. Hall-Jones appeared for Mrs. McKay, while Mr. B. W. Hewat was present, on behalf of her husband to oppose, the application. Coyly, the little girl-wife sat beside her counsel and her father, and both she and \ her -husband looked so young, that the human viewpoint predominated over the cold,, legal aspect m the mind of the Magistrate, Mr. E. C. Levvey. Addressing counsel, he queried: Is there no chance of a settlement, gentlemen? Both are children almost. Mr. Hewat: I really think the girl is willing to go back, but her parents are preventing her from doing so. Mr. Hall- Jones: I think it would he very unwise, as your Worship will realise later on. The father of the husband is a wealthy man, but he is unable to do. anything with the young flk__ . . —^-

man, who is now working on relief works. The Magistrate: Very well, then, we shall proceed. Mrs. McKay then entered the wit-ness-box to give her evidence m almost a whisper. She married the defendant on October 18, 1928, she declared, and, after a fortnight's honeymoon at Bluff, she returned to her parents' home m Invercargill, while her knight-errant went to board at the Hotel "Cecil. . ; - She paid his'board there, amounting to 15/-, and he then joined her at her parents' place. She was one. of a very large family — -15, m fact. In November, 1928, he obtained a job m the country, and she went and stayed with him for five weeks. He then left and brought her back to her daddy again abo,ut Christmas timeL From then until March her husband had not worked, but he obtained a job about April m a wool store at Bluff. . He stayed at an hotel there, while her father still gave her her board and lodging. While at Bluff her husband sent her £2. After he left Southland's port he came and stayed for nothing with her parents. "Some time afterwards I asked his mother to intervene with his father to try and -get him into a position.. That would -.be about May of 1929. His father, then took him to his own hbme and allowed him £1 a week. I was at my parents' home. ' Unsatisfactory Arrangements "My husband always bought his cigarettes and gave me the balance. Sometimes I ' received 15/-, but very often no more than 5/-." About this time, "Mrs. McKay said, she expected her baby, and her parents had to provide the money y for tfie little knick-knacks which every mother loves to. have. . "My husband promised to bear the expenses of the confinement, but he did not do so. The burden fell on my. parents." it Even after the baby was bor ( n on June 9, the unsatisfactory arrangements still continued, right up to September, when hubby got, a. job with a Mr. McDonald, a bootmaker, who was a relative. From June to September the little mother received no money from her husband. About September he gave her a little cash. On one occasion it amounted to £2; otherwise it never exceeded 25/-. But m his generosity he\ presented her with two pairs of shoes. He was with McDonald for two months, but he then doffed his starched collar to take up work at the Kelso forestry unemployment works. , "I had to go to the Waipiat'a Sanatorium, and father and mother provided the necessary clothing. I had to borrow money to complete the outfit. Mrs. McDonald gave me the clothes for the baby." . The -wife., said she was to receive half of McKay's wages, arid, from Septem-. ber 7 to the present date, £11/11/---was what was sent her. . He had even asked her for money, and, indeed, m March last he wired seeking same. He left the forestry works about the end of February and went to Dunedin on a holiday jaunt.. • Then she received a letter from him saying: "I have done with you." She heard no more. until the summons had been issued. She was now aware that he was working at the Te Anau relief works. Before he,r marriage she had been m tUe. position to keep herself. v • Mr. Hewat then subjected the ghiwife to a patient, but persistent, crossexamination. • Mr. Hewat: Why didn't you tell your husband when the.baby was

born? — Because my mother had to pay all the /expenses. j So you punished him by not tell- * ing him he was the father of the child? — It was my mother's wish, j Do you always do what your mother says? — Yes. Is it her wish that the present proceedings are brought? — No. ".' , You went to Waipiata m September, wasn't it, with the intention that you should stay there for ten months? — Yes. Why didn't you stay?— l have been humiliated. . '•' Does the doctor wish you to return ? — no.; .: ■ ■ • ,--. ; • ■ . . ■■ ■ ■ • - In fact, the authorities want you to stay longer, don't; they?— No. You were a -free patient there?— Yes. ; •"'• " ; c Is it not strange that, although you were m good and comfortable surroundings, you ran away?— l wasn't going to stay and be' humiliated. It was intolerable. What do [you ' mean by you -wo^e humiliated? Who humiliated you? Was it another patient?— Ye s; a girl/ She made offensive references asji to my husband." :.-'•. /•.■•'. . Did you complain to the Medical Superintendent?— Yes. Couldn't anything be done?— No; The Superintendent Spoke to the patient, but she rubbed it m to me whenever he was not about. ' ' Begrudged the Money Mr! McDonald tells me he gave you £12 when you went to the sanatorium. Is that correct?— No, it was £10. , That was to provide you" with^an outfit, wasn't it?— lt wasn't nearly •sufficient. 1 had not been getting enough money to; provide myself with clothes for weeks past. ' You have been complaining of only receiving £11 while at Waipiata?— Yes. : . ' ,■ .■■'■-■ . ;' ■ ■" ■■•"■■■' But you didn't require money while there? — Yes, I did, for several Items; but he begrudged me the money. What are you going to do now? — I don't know. What was your position before your marriage?— l was a hairdresser. Can you not take it up now? I The Magistrate: There is the chest trouble, Mr. ■ Hewat. This Court will not sanction a wife claiming from a husband to loaf around, but the case is different here. Mr. Hewat; Didn't, you agree m a letter that your husband should keep the December allowance arid come to see you?-^-No, I didn't. ' : Didn't he visit you m December? — Yes. ... Did you ask him to come up?— No? Where was the baby while you- were at Waipiata?— He was at home with my parents. > o Has it been there all the time? — Yes. Has the Child Welfare Department anything to do with the baby?— Yes: they called at my mother's house to see how the child was being looked, after. , " Now, Mrs. McKay, you know ,perfectly well Mr. McKay didn't go to Dunedin for a holiday: you - are simply trying to color the thing for the magistrate. Isn't that so?— I don't know. I want to ask you if you genuinely desfre a separation, or' is it money that is your . trouble?— (No answer.) . • Can't you answer the question without looking at your lather to take the cue from him? — I ani not taking the cue from -my father. What do you /want? — I want a separation and money. If your husband provides you with a home, would j'ou be prepared to live with him with your baby? — If he will keep .me; but he doesn't want me. He has told me, so. Mr. Hewat: Oh, we'll see what he has to say about that. At any rate, .is it not a fact that you knew. he never had a job when you met him and that his father had the reputation of. being a wealthy man?— Yes. • '=■" You know that he is never mean when he has the money, don't you, arid, that the trouble lies m that on such occasions he is generally the reverse? — He wrote, me to Waipiata that he didn't want/ riie. "Spoilt As Boy" . William Nutsford, Mrs. McKay's father, corroborated the wife's story as to her unhappy riiarried life! He said the husband, when in' town, used to come round to the house, where he made himself at home. Witness always thought he would better.-him-self. v t ■ "He married my daughter, \took her away for a honeymoon, and then brought her back again. It is a bit hard, as we are not m the position to support him." !Mr. Hall- Jones: What type of man is your son-in-law? Nutsford: Well, ■ I wouldn't like to say he is a waster, but he's been "spoilt" as a boy and is just content tp knock around town so long as he has a few shillings. He is a decent enough fellow m lots of ways, but- is quite irresponsible. : , I am satisfied he' would not be able to maintain his wife" or child even, if* they did try to patch : things up. It would probably mean ay larger family, that is all. He knew before he married my:girl:that she suffered from rhest trouble, m fact, he took her to Dr/ Hoersr. , , Mr.. Hewat (cross-examining): Did-, n't Tir. Hogg recommend her 'staying at Waipiata for 10 months?— She is on leave for a fortnight. / She < will have to go back, but not necessarily td there. . : Is there" any reason why she should not go back to Waipiata and take advantage lof the free treatment except fo'-this.-^iri who worries her there? Nutsford: I don't think there Is; but

I don't know even* now whether she is or is not receiving free -treatment. We made all arrangements and paid everything. ' .'.':' Mr.. Hewat: Aren't you going to be fan;? What about" McDonald's £10?— That -wasn't from Mr. McKay. It is a :' debt of honor. / Is the child m the care of the State? . — Yes, the grandmother had to register, as a foster-mother. *■;, Are you. willing to let McKay ; take the child?— That is for him to say. The Mc'Kay family have taken v an interest m it, haven't they? — ': In what Way? • Mr. Hewat: Answer my question. i ' Nutsford:. Well, the"y have never .'■]]' been to see!4f. - • t Did you 'know McKay before he : / married your daughter? — I met hinv about a month before the marriage, J but I knew nothing about him. • Mr. Hewat, m addressing the magistrate, admitted he fourfd it very difficult to make reply to complainant'scase. It was abundantly clear that the ."■■ husband had not been m constant - work; but of the wages he had earned . he had gfiven a very fair proportion to ■ his wife. There had been no deliberate evasion. , -: The Magisfrate (interrupting): But he cannot 'make arrangement for «;.>\ the maintenance of the girl and child. - .;•: Mr. Hewat: It seems he can't do '. anything more than he has been doing . »the last five months. Whatever Me- ■■<;. Kay has ofmitted to do m the early ~ part of th'e marriage, it is perfectly clear she has received her sljare. ■:';. The- Magistrate: But the wife has ■-.;/. had nothing since January. "■'[■■ ■ Mr. .Hewat: I fail to see what bene- t ; fit the wife is going to get from these proceedings unless her purpose is to v cause troubles /I suggested to McKay v. that he should consent to a maintenance order for 30/- a week, and to the ; case for separation being adjourned. ■.-.;' I think it would ibe a pity if a.separa- ' tion, should' be granted. ;}■. His Responsibility ■'":■:s. . . . v ,ii The Magistrate: - McKay certainly);; hasn't made a. good fist of things. ;; What do you think about Mr. Hewat' s. J proposal, Mr. Hall -Jones? Mr. Hall -Jones: I hadn't considered --.-j, tHat aspect, your Worship. ;'•: The Magistrate; If he can maintain ['-, her, this may bring him to a sense .^ of his responsibilities, and, if he is a man. at all, he will pull himself to-' V gether. 1 Though the wife is 22 she Is. ; - :- after all, only a baby. ' . ; "; After a" brief consultation with '.;.', Mrs. McKay. Mr. Hall-Jones m- : formed the Court she would con- v, sent to the maintenance order and •• leave the separation aspect to see • how she and her husband got on „ m the. future. , The I shall make the „ order . accordingly "and adjourn the ._ separation issue sine die. I hope this ■■.... will' bring about a more satisfactory -;, state of affairs.. Though irseems Mrs. •■ McKay, cannot go back to Waipiata, ! . t. I suggest she might go to another sanatorium under the control of the r Health Department and endeavor to j restore herself to' health. : _ ;