CRUELTY NOT PROVED

Sun (Auckland), Volume III, Issue 686, 11 June 1929, Page 7

CRUELTY NOT PROVED

WIFE’S APPEAL FAILS

MERELY DOMESTIC DISCORD

“The allegations do not rise above the level of domestic discord and unhappy differences to the level of cruelty." Thus, Mr. Justice Kennedy, in the Supreme Court yesterday afternoon, in dismissing the appeal of Edna Stuart Jackson against the refusal of Mr. W. R. McKean, S.M., to grant her a separation order against her husband, Arthur Gordon Jacksou. The wife based her appeal on charges of persistent cruelty and failure to maintain. The accusations made by the wife, thet her husband had kneed her in the back, had kicked her causing haemorrhage, and had pulled her ncse were found to have been not proved. His Honour also expressed the opinion that the wMfe had exaggerated to a certain extent, and he did not accept the view that her husband had left her without food. Efforts w*ere made to discredit the testimony of Mrs. Geaney, but even if those attempts had succeeded, he said, they w’ould not have strengthened appellant’s case, but merely weakened respondent’s. He held also that the husband had allowed the wife a reasonable sum to maintain herself and child out of his small wages. Both charges having failed, he, therefore, dismissed the appeal.