MATRIMONIAL TROUBLES.

Poverty Bay Herald, Volume XXXII, Issue 10300, 7 March 1905, Page 3

MATRIMONIAL TROUBLES.

WIFE CHARGED WITH INTENTION TO DESERT.

Matthew DonaJd, aged 62 years, a. farmer of Waereiiga-a-hika, this morning charged his wife, Mary Donald, at the Magistrate's Court with being a person with properly, who was intending to desert and leave him without adequate means of maintenance. Mi' Stock, supported by Mr H. Bright, appeared for the complainant, and Mr Arthur Coleman for the defendant. Mr Stock detailed the case, which, was laid under section 18 of tlie. Destitute Pert-ons Act, and he asked for an order to be made a.s provided by section 25. He called Matthew Donald, who staled he married his present wife eight years ago. He then owned 46 acres of land at.Waer-enga-a-hika and stock and plant valued at £300. His wife was now the owner of the property by deed of assignment. Complainant said that about two or three weeks ago he had left home because he was abused by a mam who said, he was his wife's brother. He had been knocked down and all-treated. Up till then he had been living with his wife upon the property and had worked about the place. He was not now able to earn liis own living. His Worship raid he did mot appear to him to be able to do any work. Complainant, continuing, 'said that a month ago his wife told him she (intended going away to America m ApriJ. Slie told him she liad sold the 46 acres of land to Com. O'Connell. She asked him to go with her to America. .. Complainant refused to go. This was before he left the house. By Mr CoJeman : His wife was not present when he was knocked about by his brother-in-law. His wife came to Colebrook's store last Thursday and asked hiim to go home with her. He went home, but only remained a day. It was no place for him. He left because he wai" abused by this man. He was knocked and assaulted again. She kept a buildup to frighten him away. His wrife had said oiuje that she would leave him m the Old Men's Home. After the service of the summons she had asked him to go home. It was admitted by Mr Coleman that the land had been sold to Mr O'Connell for £1360. Mortgages amounitiing to £510 had to be deducted, leaving about £800. Mr Coleman was not prepared to admit the goods and chattels said to be m the wife's possession. Robert Coflebrook, storekeeper, Wae-reiiga-a-hika, stated he had known, the complainant for 35 years. Though addicted to drink, he had found him straightforward m every way. The de fendant about three weeks ligo told witness that she intended to go to America. She said she had sold the property. By Mr Coleman : Defendant said she intended to take complaiiu-int with her. James Mullooly, settler, Waerenga-a--hika, stated tliat he had known complain, amt about 35 years. He came to wilne.** one night m February. He said he had no place to go a.nd asked for a. bed. He complaiined of injuries he had received from a man at his home. He said he was m dread to go to liis home. Complainant had been living with witness on and off since. Comrilanant had until February last been an industrious man, and worked about the plaoe. In reply to Mr Coleman, witness sadd complainant had been living with some other person. He (complainant) had been drunk several times, but liad been steady until these people came from America. Robert Mcßretney, farmer, Waerenga-a-hika, stated he liad known complainan; for the past 30 years. He had found him honest and straightforward m every way. He did not consider him able to earn his living, and would not care to employ him for his keep and clothes. Complainant once owned 46 acres at Waerenga-a-hrika, and used to work at it. Subject to the examination of the title of the land, this oonc.luded the case for complainant. Mr Coleman said he would admrit tliat defendant intended to leave the colony, but maintained that there had been no evidence to show that she intended to desert her husband. His Worship suggested tluit she might take him a certain distance and drop him. Mr Coleman said that wals unfair to defendant. She had never refused to have her husband home. If he liad. been assaulted, he had (never complained to her. That was a matter for the police to be railed m. His Worship said that if complainant's stoiy was correct the house must liave been made pretty warm for him. Mr Coleman said defendant had not yet decided anything about leaving the oolony. No ticket had been taken, but she intended to take her husband if she went. Mr Stock said he was satisfied with Lhe admission that defendant intended leaving the colony. Complainant was a very old man now, and liad lived many years here, and it was unreasonable that he shoiuld be taken away and rushed about over a country lake America. U lie refused to go he would be left without sup. port. '" His Worship intimated that lie would have to hear the defence. Mary Donnell, defendant, said' s>'he had owned 46 acres, which, she had sold at £30 per acre. There were encumbrances to the amount of £500. Her husband had been managing the farm, but they had lost money each year m the crops. Slie also owed 1 debts amounting to about £100. About a fortnight ago complainant came about halfway home -with her, but, without saying anything, changed 1 his mind and went home. Defendtint had' never complained of ill-usage, nor of his reason for leaving home. Her mother and brother, wlio had come out from America, liad "been staying' with her since last November. Om Wednesday week last the complainant liad come home at her invitation and) hadl had' two meals there. He went away -on a message and never came back. Witness said she intended: going to America as soon as slie was ready. She had 1 told her husband her intentions and he saidi slie couldl please herself. She tokl him she, thought they could' do better in 'America. He didi not say whether he would go or not. Her reason for going to America was because she wanted to have her sight attended) 10. She was blind/ m one eye, and 1 the other was affected. His Worship: Your husband evidently dffld' not get on your blind side. Defendant, continuing, said her motlner and brother were returning, and she intended going back with them. Her hue. band had never, asked her for maintenance. Mr Stock : Do you think lie is able to look after himself. Defendant -. Yes, quite as able as I am to earn my living. His Worship pointed; out to defendant that slie had all the money. Mr Stock: You received! this money from your husband?—- Witness : Yes; he gave it me as a wedding settlement or something.— Mr Stock then enquired as to the stock contained! on the farm. The defendant at first refused to give the required information, but subsequently after a little heated! discussion admitted she has sold a number of cows, heifers' and horses. She saidi the stock was purchased by herself Before they were married. None had been obtained" since. — Another smart passage-at-arms occurred when Mr Stock enquired 1 , as to the details of her £100 of debts, the particulars of wliich she was unable to supply. — The defendant said her husband) liad! left home without any reason. He had 1 never left home for any period! until her motlier and brother came to live there. She did not know if he had any money of his own. Up till then she had kept him at home, but she didi the management of the" place. She had not received the proceeds of the sale of the land, but she was entitled to receive it. Mr Stock : Now was it your intention to go to America with that money? Defendant : My intentions are my own, and I am not going to tell von. After an adjournment of half an hour to enable the parties to come to an agreement, wliich they failed to do, the Magistrate ma-die an order for maintenance at 10s per M-eek, starting from the 14th inst., and also ordered defendant to enter Into a bond for £300 and find two securities for £200 each, m default two months' imprisonment" m Napier Gaol. Costs were, fiied at £4 Is.