ORDER DECLINED

Timaru Herald, Volume CXLV, Issue 21089, 15 July 1938, Page 7

ORDER DECLINED

Separation Sought By Wife Cruelty Alleged In the Timaru Magistrate’s Court yesterday, Elsie Ellen Cuthbertson sought from her husband, Elwood Cuthbertson, a separation, maintenance and guardianship order on grounds of persistent cruelty. Mr H. Morgan, S.M., was on the Bench. Mrs Cuthbertson was represented by Mr L. G. Cameron and Cuthbertson conducted his own case. After hearing evidence for about four hours, the Magistrate reviewed the case. He said complainant alleged that her husband had forced her to do things she did not want to do, that on one occasion he had struck her, damaging a tooth which later had to be extracted, and that on another occasion he had punched her on the shoulder. She also alleged that he had created disturbances at the place where she worked until the position became so acute that her employer had told her that unless she and her hus-

band came to some agreement she would lose her employment. It bad pertinently been pointed out by the husband that the wife’s evidence had not been corroborated. Her husband had asked her questions, which she had tried to evade answering truthfully. Husband Aggravated The husband denied striking his wife, continued the Magistrate, and denied that he had threatened her life with a knife or razor-blade. The husband had been supported by two witnesses who had impressed as being truthful and who had said that the wife was always the aggressor and that Cuthberston had always treated his wife decently. Referring to an incident at a party when, it was alleged. Cuthbertson had struck his wife on the shoulder, the Magistrate said the evidence showed that the wife had aggravated the husband to the extent of hitting him, kicking him and throwing beer over his clothes and he had not

lifted a hand against her. On the occasion on which she alleged that she

had had a tooth damaged, she had reported the matter to the police, but had not gone on with the case. If she had been assaulted, she would have had a good ease if her husband had been convicted and would have had a good ground for the separation waich she so evidently desired.

Referring to the statement that Mrs Cuthbertson had lost her employment as a result of the case, the Magistrate said that might have been brought about by the fact that Cuthbertson had been to the shop to see his wife and

had been convicted of assaulting Willmott and his father. For that he had been sent to prison. He was now at large and it might be that Willmolt feared another such assault. The wife

was determined to obtain a separation from her husband, one way or the I other. He was satisfied that it was not a case in which he could make an order, and the proceedings would be I dismissed. For the benefit of the par- I ties, the Magistrate said it was apparent they w’ould not be happy together and, while on the evidence he could not make an order, he advised them to come to some agreement regarding a separation.