A DEFAULTING HUSBAND

Te Awamutu Courier, Volume 55, Issue 3989, 10 December 1937, Page 5

A DEFAULTING HUSBAND

FAILS TO PROVIDE FOR WIFE AND FAMILY. MAGISTRATE’S INTERESTING COMMENT. Two charges were preferred, at the local Magistrate’s Court yesterday, against a man named James John Johnstone. The first was a prosecution, at the instance of G. A. Plummer, district employment officer, alleging that at Te Awamutu on August Ist, Johfistone had defaulted with payment of registration levy instalments during the period from December, 1930, to May, 1937. This case was quickly disposed of, for Mr J. Oliphant (who appeared for Johnstone) asked for an adjournment, adding that evidence in the second case would be, he thought, conclusive that Johnstone’s was a case for exemption from payment of employment levies. The second charge was instituted by Ivy May Johnstone, who alleged that her husband disobeyed a maintenance order made at Te Awamutu on April 21st last, and on which arrears totalled £4l 5s to November 3rd. Mr S. S. Preston appeared for Mrs Johnstone, and stated that £l5 of the arrears had been paid, leaving £26 still owing. As a matter of fact, the only payments he had made were following on the issuance of warrants for committal to gaol for default. Mr Oliphant admitted the arrears, but said he would roly on the inability of Johnstone to pay them and keep up current payments.

Johnstone said he is a contractor at Arohena, living on Stephenson’s farm. He pays no rent. He and a youth work on a fifty-fifty basis with Stephenson, splitting strainers, posts and battens, and he averaged about £4 per week over the. twelve months. It cost him about 30s per week to live. He was willing to try to pay the arrears, but was doubtful whether he could do so and keep up the present order. He was not trying to shirk his obligations. He was not capable of earning more money; he left the sawmilling firm after 2 years and 9 months because the work was too hard. He had a medical certificate. His Worship said the more he saw of doctor’s certificates the less he liked them, and commented on a case before him in other courts. Therefore he was very doubtful about accepting doctors' certificates on their face value. His wife was living in the same district, but not with him. He had not been in Te Awamutu since August 22.nd, and had given up drink.

To Mr Preston: He was in Kihikihi a week or two ago, and had a few drinks there. He had not paid a penny under the separation agreement, and only paid when a warrant of committal was issued. Three such warrants had been issued, and he had paid something each time. He did not leave the sawmill because the boss was willing to pay the maintenance to Mrs Johnstone direct out of his wages. He had left because the work was too hard. He was not physically able to do regular bush work, nor could be earn the P.W.D. wages. Mr Preston said that Johnstone had paid nothing of the old arrears, accumulating for seven or eight months. Johnstone said he had not been able, to sell posts for some time; he had 1500 on hand. The best price he got was £9 per 100; they were not first quality. Mr Preston described Johnstone as a deliberate dodger who had no intention of paying the maintenance. To Mr Oliphant: He was a returned soldier.

His Worship said he was not concerned with that aspect. He had admitted earning over £4 per week, though not strong. Maybe if he was a thoroughly fit man he would be earning £7 or £8 per week; on that showing. Johnstone said he was not able to produce a statement of his earnings and outgoings. Mr Preston said defendant had not even been to see his four children, living not far away. His Worship said that even if the posts had to be sold at £7 10s per 100, Johnstone was going to provide some money for his wife and clfildren before Christmas. That was definite. The wife was entitled to receive the arrears, and Johnstone could pay. There was no doubt whatever about that. Johnstone expected five people (his wife and four children) to live on £1 12s per week, yet he told the Court it cost him nearly that amount for himself, without any rent to pay. An order was made for one month’s imprisonment, the warrant to be suspended provided lie pays the arrears by the 21st inst., and keeps up the present payments.