CLAIM FOR MAINTENANCE

Otago Daily Times, Issue 14447, 13 February 1909, Page 6

CLAIM FOR MAINTENANCE

A REMARKABLE CASE. (From Oub Own- Correspondent.) AUCKLAND, February 12. A sequel to the amusing case a report of which 1 sent you a few days ago came before the Police Court to-day. The woman in the case was Mrs Warner, whose husband was being proceeded against for disobeying an order of the court to pay her 10s a week for maintenance. The woman was accused of living with a certain sea captain, and Mr Earl, who represented the husband, said that lie would make an application to have the order suspended on account of the career and the Police Court record of Mrs Warner.

This morning Mv Earl applied (or Hie suspension of (he.order on the ground that, by hoc wasteful and intemperate habits, the woman had disentitled herself, and that (lie husband was not in a position to keep no the order. Constable Dnnn gave evidence that he had gone to the house of the captain, and found the captain drunk. There was no doubt, he said, that the relations between Mrs Warner and the captain were anything but decent, '.there were no signs of destitution about the woman, and she had never complained that siie was destitute. When he went to the house the woman was in bed drunk.

Another constable gave evidence that he was called to the place one night. There was a terrible disturbance there. The woman was running about the hill, not fully dressed. She had a skirt and blouse on. but no belt, no hat, and no boots. She was quarrelling with another woman, whose grievance was that her husband was in the captain's honso. She could not get him out, and he had been there all day. The constable went in, and found the captain lying down half drunk. The place was in a terrible slate. The crockery was all broken. He was glad to get out of the house. The woman threw numerous things at him, and followed him out on the hill (o bash him with an earthenware jar. Mr Dyer: " You had a bad lime?— The Constable : " T did." The constable said that the captain and 1 lie woman were living as man and wife so far as lie could judge. The captain had notice lo quit the house after the row, and lie thought the pair had had nothing to do with each other since. The woman " went to Mount liden," and since then had been keeping sober and decent. She was afterwards housekeeping for a man and his son, and be had not seen her drunk since.

Complainant: i r ou can't sav you saw me naked that night ?—" I didn't." . Mr Dyer: "He said you had no belt, no boots, and no hat on; he didn't say you were undressed."

Complainant: " Well, I bad my dress on. ] tool; my boots off so as not to make a noise in the house. Must 1 always dress to please the public? Can't I wear what I lil<e in the house:"

Mr Dyer: "Now, keep cool, Mrs Warner. Do you want to ask any more questions?"— •' Oh, no. Let him go on: let him say what he likes. 1 can lace the lot of you. I don't care for any of yon." Mr Dyer: " Now, we don't waul a repetition of the other day." Warner was then put in the box. He endeavoured to show that his circumstances were not good financially, and stated that his wife had been guilty of violence towards him and misconduct. The complainant declared that his statements alleging 'misconduct were lief.

"Let him have a divorce," she cried. It was then said that Warner opened divorce proceedings in Wcstport, hut had to abandon them through hick of money. Mr Dyer : "Do you want to give evidence ':"—•' Complainant: " No", what can! say? Let him get a divorce 1 don't care for him. ] never loveil him, and never will. I'll drink till J die."

The complainant was again warned by the magistrate. Mrs Warner then went into the witness box.

Mr Earl : 'Did you say you would not live with your husband ?"—" I never cared for him. T never loved him and never will. ' I will drink till I kill myself. He beat me till he nearly killed m'c." "Would you live with this man again?" —" I would never live with him again." "You say positively that yon would not live with him ?"—' I refuse to live with him."

The complainant then broke into hysterics. Mr Karl held that in the circumstance Warner was not obliged to pay, The law was severe against husbands, but also protected them. He asked that the order should he suspended for three months to enable him to get the money to go on with dhorce proceedings. "Why should I go back to Ihe with.

him when he beats me nil the time anil lakes guns to shoo* me?" the complain, ant again cried., Mr Dyer: " Crying won't do you any good.

Complainant: "I don't want .maintenance tram him. I don't want any-thin"-from him. I don't want to see him again.

Mr Earl : " You don't want anything';' — " No, I won't live with him. 1 am better than he.

Mr Dyer: " Mrs Warner, I warned you you before.

Complainant.: "The only satisfaction I can get- is disgracing Uim, and I will do it all I can. I won't «o to heaven I know, but I'll got to the other place "' The order was suspended ul H lO { nm proposed by Sir Earl.