CENTRAL TARANAKI NEWS

Taranaki Daily News, 24 February 1931, Page 8

CENTRAL TARANAKI NEWS

(FROM OUR RESIDENT REPORTERS)

MAINTENANCE AWARDED

MATTER OF CUSTODY LEFT OPEN.

NO ORDER MADE FOR SEPARATION.

In a judgment delivered at the Stratford Court yesterday Mr. R. W. Tate, S.M., finalised the proceedings in respect of, the complaint of Alice C. Stockley, now of Inglewood, against Arthur J. Stockley for separation, maintenance and custody of a boy, aged 10. The magistrate made an order for past maintenance, £2l, future maintenance at the rate of ■ £1 10s. per week, and ordered defendant to pay eosts £5 ss. In view of the fact-that complainant said she could not afford to keep herself and the boy on £1 10s. per week, no order was made in respect of the custody, and the boy will live with' his father.. •Before announcing his judgment, Mr. Tate said . that if defendant’s story was j,rue it was hard to see why he had bothered io defend the case. The insulting letter received by complainant, who alleged-it was written by defendant, must have been very disturbing to her, though . the magistrate was not in a position'to say whether or not it was written by defendant. Under those circumstances it would be most. difficult for complainant and defendant to recoup cije their differences and live together The happiness had gone from their 1 lives, and. the conclusion that he had come to was that complainant was justified, 'in leaving, her husband. The magistrate • thought that defendant should pay something towards her maintenance. ■ The trouble was that complainant, if separated from her husband, could not expect to live as comfortably as she had. while she was with him. ' At this stage ,Mr. Coleman, counsel for'defendant, said he Wished to address the bench on the law in such cases. “Just: because the" happiness has gone is ' no' ground for separation under the'Act,” he submitted. That being so, was there any evidence to show that defendant drove Mrs. Stockley from her home 1 If an order were made it was probable that complainant would go to Yates, . with whom' she had associated, and— '■

Mr. N.- H. Moss- :(for complainant) : There is no evidence to support that insinuation. Mr. Coleman maintained that there was overwhelming evidence to prove that complainant' had 'been' associating with Yates, arid he did not think that an order that would permit complainant to pursue an' immoral course, aided by maintenance provided by her husband, should'be made. Up till the time complainant left Purangi she had had ample means of support.' Merely because she did'not get on well with her husband was no ground’ for a wife to claim separation.' -,‘ ', '■ '' ’ • , (i I am convinced that if Mrs. Stockley. goes' back to her home and children at Kibre she ’ will be much better off than she would as a free lance at IngleWp3d,” Mr. Qoleman' continued. Also, the. only evidence in support bf Mrs. Stqckley’s claim was hpr own uncorroborated statement. Mr.. Tate: There has been a failure to maintain lately, but the question is whether or not she was justified in going to Inglewood.

Mr. Coleman maintained that there was no evidence to.prove definitely that defendant failed to maintain his wife. Complainant had an obsession that defendant “carried on” with every woman for miles around, he said, but there was no evidence of that, either. Defendant contended that he was unable to provide separate establishments for his wife arid one child and for himself and the other child, while the breaking-up of the family and the division of the children between the two parties was most-undesirable.

Under .the Act, Mr. Moss submitted, the court could make allowances according to circumstances, and had to take into account all the surrounding facts. If complainant were justified in leaving home, tjien the Act allowed her maintenance. ■ -The one predominant factor behind -Mr. Coleman’s eloquent plea was defendant’s desire to get rid of his wife without having to pay maintenance. “I think Mrs. Stockley was justified in leaving her husband, and is entitled to' be maintained,” Mr. Tate He did not make an order for separation, and also left open the problem, of custody, which, he said, practically solved itself with complainant’s statement that she could not keep the boy with her on £1 10s. a week. ELTHAM CROQUET CLUB. HONORARY MEMBERS’ DAY. Two pleasant afternoons were spent on the Eltham. croquet lawns last week, the occasions being honorary members’ day on Friday and members’ day on Saturday. On Friday afternoon the winners of the various competitions were: Mrs. Gover, golf, croquet, Mrs. Cooper golf. croquet, and Mrs.. O’Hagan, ladder croquet. On Saturday the winners were (A players): Mrs. McKay, French croquet; Mrs. Summers, golf croquet. (B. players) : Mrs. Townsend, French croquet; Mrs. Guff, golf croquet. Mrs. D. McCready (president) presented the winners with their prizes. For the various trophies received the thanks of the club are due to Mesdames Pepperell, Egarr, Townsend, Bridger, Miss McDonald and Rev. Isaacson. INTELLIGENCE OF DOGS. TRIALS BEGIN TO-MORROW. To-morrow is the opening day of the 'Mangaehu sheep dog trials on Mr. Arkwright’s property, .. Tututawa, and ■Thursday will be People’s Day. The Teal controlling power of a good sheep dog at cjose quarters is in its eye, and even shepherd’s admit that the intimidating power of a “strong-eyed-- dog ■is almost beyond belief. At the trials ■one will see unruly sheep gradually •backed- into a narrow pen by the sheer ■force of a dog’s steady gaze, combined ■with the slow stalking movement that always accompanies this form of concentration. Strong entries have been received, and there is little doubt that this year’s trials, besides raising substantial sum for the relief fund will be nature. Catering the club's marand cutlery recent-

INVOLVED CIVIL CLAIM DEAL WITH COWS AND CAR. —.— COUNTER CLAIM BY DEFENDANT. There were many complications and involved side issues when George It. Commerer, now a labourer at Strathmore, sued Leonard E. Knight, Stratford, at the Magistrate’s Court at Sir. ford yesterday for £125 10s 9d. Defendant counter claimed for £45 9s 3d. The case was adjourned after the hearing of plaintiff’s and his wife’s evidence. Plaintiff said that early last year he was. managing a farm at Kaimata for Mr. Morton, of Inglewood. It was then that plaintiff certain cows and purchased a car through defendant, who was a salesman. Plaintiff paid £2O down on the car, the balance to be paid in monthly instalments of £6. Knight agreed to pay £2 10s every month if defendants would pay the remaining £3 10s, the idea being that in that way defendant would discharge his debt to witness on account of the cows.

Plaintiff’s registered brand was put on the stock after they were brought to Stratford. Plaintiff sold to defendant 20 bags of manure at £7 10s, and two lots of posts, one of 70 and one of 20, at 6d each. Plaintiff paid to defendant thive lots of £3 10s on thj car, to which defendant should l.a\e added three lots of £2 10s and paid the total to the car dealer. As fax- as witness was concerned that money had not been paid to the dealer.

On June 5 witness was employed by defendant to drive a truck daily on a seiwice to Tangarakau. Witness drove the truck until October 4. He received all his wages except £5 a 10s, and it had been agreed in the first' place that instead of paying overtime, of'which there was a great deal, defendant was to give witness a bonus of £lOO at the end of the year. Witness received neither bonus nor overtime. That was how his claim for overtime arose.

Cross examined by Mr. A. Coleman Witness said that defendant used to go to the farm at Kaimata, which witness was managing, and indicate what cows he wanted. If the prices quoted were too high witness would wait until the stock went to the sale. He would purchase them in his own name and resell them to Knight. Mr. Coleman: Then you were merely an agent. The cows belonged to the estate and payment was due to. the trustees ?—No. I bought the cows and then sold them to Knight.Mr. Coleman: How about the posts; did they not belong to the estate? — Yes. ,

Then ,you were making a profit from the posts that belonged to the estate? — No. It cost me 6d a post to get them split and I sold them to Knight at that price. Mr. Coleman: And Knight owes that money to the estate, not to you. Witness denied that he owed to defendant the money that was the subject of the counter claim,'and gave lengthy explanations, involving complicated transactions, in support of his denial. Mrs, Corirmerer gave corroborative evidence. . ' FINE EUK DANGEROUS DRIVING. ■MAGISTRATE ISSUES A WARNING. When E. S. Hickey, Opunake, did ■not appear at the last sitting of the Stratford Court to answer a charge of dangerous driving, Mr. R. W. Tate, S.M., convicted defendant and gave him till yesterday to chow cause why his license should not be suspended. On behalf of defendant Mr. I. B. Roy stated that defendant was returning home from the Stratford races when his alleged offence took place. He was following close behind a friend’s car. At an intersection a car appeared from the left and defendant’s friend pulled up suddenly, with the result that defendant’s car just touched the back wheel of that of his friend. Seeing that no damage had been done defendant drove on and did not accelerate until well past the business portion of the town. He had' had. no knowledge that the accident had ■been one on which he would be charged. When he did receive a summons he (placed the matter in the hands of his (solicitors, but owing to a misunderistauding regarding the date of hearing no one had appeared for defendant at ■the previous sitting. Defendant was a farmer and suspension of his license ■would be a hardship to him as he had (to drive a lorry to the factory everyday. “My action in calling upon defendant ito furnish an explanation of his conduct should impress upon the motoring public that the time is coming when ' suspension of license will be inflicted in these cases,” said Mr. Tate. Especially in a place like Stratford, with its ■wide streets, driving of a dangerous nature could not be permitted or excused. Defendant would be fined £2 10s ■(10s costs). ELTHAM THEATRE TALKIES.

“THE LOVE PARADE.” The first original operetta to be produced on the talking screen is Paramount’s “The Love Parade,” starring Maurice Chevalier, which will be seen at the Eltham Theatre to-night. “The Love Parade” is from the play, “The Prince Consort,” by Ernest Vadja, author of “Hally,” “Hit the Deck,” and other famous musical comedies. Guy Bolton wrote the . libretto and Victor Schertzinger composed the musical score. The songs, specially written for the picture, include “The Love Parade,” “Anything to Please the Queen,” a duet sung by Chevalier and Jeanette MacDonald, “My Dream Lover,” a solo by Miss MacDonald, “Paris, Stay the Same,” a Chevalier solo, “Let’s Be Common,” a comedy duet by Lupino Lane and Lillian Roth, and the enchanting chorus number “Song of the Grenadiers.”

STRATFORD PUBLIC SCHOOL INCREASE IN ROLL NUMBERS. MEETING OF THE COMMITTEE. The Stratford school reopened after the summer vacation with an attendance of 524, which by tlie end of the week had reached 541 of a roll of ,565; last year’s opening roll was 542,' reported the headmaster (Mr. L. J. Fuxrie) at last night’s meeting of the school committee. The attendance following the picnic showed a decline of .16, principally among the boys. The total number entered this year to date is 65, which includes 34 beginning school for the first time. These total 87, including last year’s Standard VI. pupils. The present roll number is in a healthy position for the beginning of the year. The new arrivals are from Stratford private schools, Auckland, Paeroa, Cardiff, Pembroke, Ratapiko, Tuna, Hawera, Tunanui, To Awamutu, Hamilton, Mahoe, Manufahi, Fitzroy, Raetihj, Tataraimaka, Taradale, New Plymouth, 1 astings, Eltham and Inglewood, Among the number are two pupils from, the earthquake area. Miss E; V. Longbottom and Mr. C. Walker, probationary assistants, and Misses B. Brown, M. McElroy, A. Jones and K. Lilley, probationers, began work at the school after the vacation. “The appointment of these young teachers makes a total of almost 50 changes in the staff in a little over four years. Until the • system' is : altered, I can see no possibility of stability of staffing.” The school supplied the winner and runner-up of the primary school tennis championship of South Taranaki in December at Hawera. Josephine King and Thora Lacey vanquished all-comers in their respective games, and fought out the final, Josephine King winning. The boys, although playing well, were not so successful, the final being won by Gisbn, Eltham.

The chairman said the picnic had bfeen entirely successful, and he had heard no complaint. The venue had been very satisfactory. The train proceeds amounted to £22 75., and £1 15s. had been received from those who went by car. The total last year was £27 Ils. 9d. He was pleased to see all the business premises in Stratford had closed;

The Education Board will be asked to send the architect to inspect the school buildings to ascertain their capabilities of withstanding ear/aquakes arid to examine the doors of classrooms with a view to having them all open outwards. The headmaster reported the school had been organised to act in cases of emergency arising from fire of earthquake. ( GENERAL ITEMS. At the fortnightly sitting of the Stratford Magistrate’s • Court yesterday, Mr. R, W. .Tate, S.M., gave, judgment for plaintiffs by default in the>.foljowing undefended civil ca/ses:—Taranaki Trade Association Ltd. v. V. P. Miller, £2 10s 6d (£1 7s 6d); D. Butehart v. L. Mora, £8 10s (£1 16s 6d); R. G. Edwards v. W. G. Newton, £2 (10s); Lightband and Wann Ltd. v. T. R. Angus, £64 Ms 9d (£4 14s 6d); Neal Bros, v. W. McKinley, £1 15s 3d (10 g ). In reporting to last night’s, meeting of the school -committee, Mr. L. J. Furrie (headmaster) said that, as far as possible,- the staff was arranging that parents of pupils from the earthquake area would not be put to expense connected with the procuring of school books. Although the continuity of these pupils’ education had been interfered with through misfortune, the children would not, if the staff could help it, be retarded in their work.

A party of Eltham Scouts, under Scoutmaster Blackman, had a novel experience on Saturday, when they spent the night in the Syme Hut on Eantham’e Peak. The gale roared past the trembling hut all night long, with etones hurtling on the, roof. The mist, wind and cold served as a good experience in, bringing home to the boys the necessity of being well prepared, for mountain climbing, as the conditions were ideal at the time the party left the Dawson Falls' for the hut. The party had intended to go right to the top, but the weather- conditions were •against it, The Eltham Oddfellows’ Lodge has •made a grant of £5 5s for the relief •of distressed members in the earthquake area, and. subscriptions are invited from individual members as w-elh There are oyer 200 members of the ■Manchester Unity, order in the affected ■area, and the Oddfellows have many •thousands of pounds invested on mortgage there. The loss i<s, therefore, a ‘considerable one to the order, and a •letter was received from suffering lodges appealing for aid. The Eltham lodge is ■taking steps to meet this call as far as lies in its power. ' The following further donations to the Eltham Mayoral relief funds bring the grand total received to £554.: —R. H. Sinclair IQ's, Miss L. Thomas 10s, ■Anonymous £3, members of Eltham Croquet Club £2 10s, members staff of ■Farmers’ Co-op., Eltham, £3 10s, denis Fountaine Is 6d, Mr. and Mrs. VV. dement £lO, proceeds Mata dance £3 15s, C.--Neilsen £l. Further funds for earthquake relief ■will be provided by an old-time and modern dance at Pukengahu on Thursday. Free buses will run from Stratford and Eltham and the music will be played by Les. Davison’s orchestra. KING’S THEATRE PROGRAMS. ROMANCE AND ADVENTURE. . Gary Cooper, Mary Brian, Richard Arlen and Walter Huston play the leading roles in the Paramount production, “The Virginian,” commencing this afternoon at the King’s Theatre, Stratford. Based on Owen Wister’s well-known novel of the same name, this picture, appropriately enough, has been called “the ‘Covered Waggon’ of the talking screen.” As directed by Victor Fleming and played by a talented cast, “The Virginian” emerges as a refreshing and vigorously entertaining picture; a picture in which romance and adventure are gloriously transcribed to the audible screen. In addition, there is a continuous flow of pleasant humour that is sure to delight the audiences of all ages and tastes.