A CASUAL MUSICIAN.

Otago Witness, Issue 3764, 4 May 1926, Page 84

A CASUAL MUSICIAN.

“ HEARTLESS TREATMENT.” At the City Police Court on Thursday morning a young man named Joseph Hugh Jones was proceeded against by his wife for an order for separation and maintenance and the guardianship of an unborn child, on the ground of wilful failure to maintain her. Mr Irwin appeared for complainant—a very young girl—and Mr O’Shea for defendant. who did not appear to be more than 24 or 25 years of age. Mr Irwin stated that the girl’s .age was 20 years, and her parents resided in Wellington. Defendant was a member of the cabaret orchestra at the Exhibition. His proper name was the one under which he was charged. He had married complainant in February last at Dunedin. The girl had returned to her parents in Wellington, and had kept on writing to the young man, but he had made no reply, except on one occa sion. He had given his wife no money and seemed to treat the matter as of no concern. She was willing to try to live with him if he would make a home. There was no possibility of getting much sense out of defendant. He received £9 10s a week from the orchestra in which he played and had been receiving £ll in Wellington. There was no reason why he should not keep his wife, who was going to give birth to a child shortly. He (Mr Irwin) thought it was defendant’s intention to go with other members of the orchestra to an engagement in Australia. Defendant had made no effort to see his wife until that morning. It was a very bad case of desertion, and the young man did not realise his position. There seemed to be no reason why he could not “make it up’’ with his wife, whose parents would give the couple every assistance they possibly could. * The Complainant stated, in evidence, that defendant got £9 10s a week*for playing in the orchestra. They were married in Dunedin in February, and after her return to Wellington she had written to him about once a week, and had got only one reply. The reply was anything but affectionate Defendant had made no effort to keep her or provide for her. He had put a 2-incb advertisement in the Wellington papers thai he would not be responsible for any debts contracted in his name, and had put. a similar advertisement in the Dunedin Evening Star. She believed his intention was to go to Australia with the other members of the orchestra. He had told her before that he had a position in Australia, now he said he had not, but was going to look for one. He had said he would commence employment in Australia on May 14. There was no reason, she knew of, why he should not get a position in New Zealand. To Mr O’Shea: She would be prepared to live with him if he remained in New Zealand, and treated her properly. Mr O’Shea said Mr Irwin and he had had very little time to discuss the matter. He thought the principal trouble was that this young fellow had been advised by a “bush lawyer.” 1-8 had been earning a good salary at the Exhibition! but had decided, before the Exhibition, to go with members of the band, and. in making his arrangements, seemed to have been successful in the matter of income, without real sing his responsibilities to his wife. He had apparently bought a lot of musical in* struments. Counsel thought that if the parties were to come together the trouble might he buried. Joseph Hugh Jones stated in evidence that his salary had been £9 10s a week since the Exhibition started, and he ' id spent most of it. He had paid £2 10s a week for his board, and had bought instruments before he was married. They w:re paid for now. He had spent about £4O on clothes. He had got some photographic materal before he married, which cost him £l3. He could not say how the rest went. He had intended to make arrangements with his wife directly he got back Wellington. He had been guided by outside advice from people not lawyers. He was perfectly willing to make a home for his wife in Wellington. To Mr Irwin: He was 6orrv he could not tell counsel what the advice from the “bush lawyer” was. He got letters from his wife, and burned them withc -t opening them. He read the last two. The last one was registered, and he opened it. Mr Irwin: [ suppose you thought there was monev in it. You were caught that time. You said yon would not even speak to her if she came down to town. Defendant, continuing his evidence, said that the bandsmen all lived together, and that two d “the boys” had their wives with them, and there was a housekeeper. Mr Bartholomew said this voting man had treated his wife in a heartless manner, and he did ~ot think he had any intention of providing for her in Wellington at all. If he had he would not have treated her the way he had. He had had splendid opportunities during the last fcw months of making some provision for her. He (Mr Bartholomew would make an order applying to the present condition, and if the wife’s condition changed the order could be altered. He would make an order for maintenance and separation, the maintenance to be at the rate of £2 10s a week, with two guineas solicitor's fee. He thought some security should be provided. It was a proper case for security, and he would make an order for security by a deposit of £SO.