REFUSAL TO RETURN TO HUSBAND

Chronicle (Levin), 13 February 1947, Page 2

REFUSAL TO RETURN TO HUSBAND

Petition For Restitution Of Conjugal Rights Seeking restitution of conjugal riglits from his wife, Erica Mary MeKinnon, of Otaki, Franlt MeKinnon, a warrant officer in the Roval New Zealand Ai: Force at Ohakea, applied for an order before Hon. Mr. Justice Johnston in the Supreme Court at Palmerston Nortli yesterdav. Mr. A. M. Ongley appeared for MeKinnon and j\Tr. T. M. N. Itodgers appeared for respondent. Respondent ailered that :he had good reason for not con*: uuing to co-habit with her husband. She had married him in Februarv, .1945, there being onu child of tlie marriage. On the first uight of the honeymoon he had been the worse for liquor and quarrelsome. This attitude had continued at Hastings wlien they stayed for a while at the home of her husband 's parents. There had been a scene in which she had run for the help of his parents,. and hi.mother had later told her to go away and take her husband with her. They had gone to Dannevirke and stayed ai an hotel. There had -been a further scene in their hotei bedroom and her husband had assaulted her. She had consulted a doctor regarding bruises re ceivod in the altercation and also about her nervous state. He had advised he to go to her parents in Otaki. Tlie proprietor of the hotel told her husbau.. to leave the premises. He had gone away. She had gone to her parents home, arriving there at the same tim-. as her husband wlio had expressed re gret for what had happened. He hat. promised that he would not lift hihand to her again. They had returned to Palmerston Nortli where they had stayed with ; friend, Mrs. M. G. Fiebig, her bruise still being apparent, as well as a blac eye. Her husband had again hit heMrs. Fiebig heard her weeping an caine and spoke to them. They lta later moved to an apartment in Palme. ston Nortli, her husband still drinkin. heavily and being very abusive an quarrelsome. They had again movoi this time talcing two rooms. At thi place also her husband dranU exce sivelv and struck her. There had bee>. scenes and the landlady had given he a room to herself. Her husband ha«, insulted the landlady and had been ordereil out. They had moved to New Plymouth while her husband attended course in the exeeution of his duty They had stayed with an uncle an'l aunt of her husband 's, but here also he had caused a scene, his uncle calling in the police. Wlien the course fmishei. they moved back to Palmerston Nortli taldng a flat in Iving" Street. The roug. treatment had continued. On oue oeca sion he had made derogatory remarks about the eliaracters of her near friend.-, He had continued to drink heavily anui she had had to clean the floors wheia he had been siclc. He had also use* the dressing table as a toilet. When she remonstrated he abused her an--struck her. At that time the child ha. been six nionths old. On a visit Doctor Hunter Will ha asked her why she did not recover he health. She told him of her husband . treatment af her and he had advise. er to go to live with an aunt of he husband 's. She had taken his advicu taking clothes from the flat when policeman was present. That uight he husband had called at his aunt's lioni

and asked to see 1ns svite. His auu had attempted to get him to go awa as he was under the influence of liquoi but he had puslied her against the wa! and attacked his wife, taking her t>. ihe throat. At tlie time of the attack she had th child in her arms and she tried to ben over it to protect it. The child wa screaniing. At that "momeut the polie had arrivcd and taken her husbam away. Her fatlier had arrivcd and too. her back to his home in Otaki. Agaw her husband had visited them at Otak

and again he had promised not to lit a hand to her. She had gone with hi. again and they had taken a State hou.in Rangiora Avenue, Palmerston Nort-h-He still continued to drink heavily. On one occasion wheu witness had beeii visitiug Mrs. Fiebig lie had telephonet. her and told her to come home or ht "would break hef neck. ' ' Ile ha-. arrived at the house later in an Aii Force truck. She met him inside tlie house and he threw her ou the fioor atiu kicked her. Mr. Fiebig had strugghu. with her husband and later the police arrived. She had stayed with her friend. After some timo she had gone back to the house for some clothes. .The door was unlocked but her husbaud un bolted it from inside but would not let her get anything from the house. On June 6, 194(5, lie had again called at Alrs. Fiebig 's house iu an Air Force truck. She, went with him. He had been under the infhicnce of liquor and had driven at a fast rate down the" Esplanade. He had stopped and tlireat ened to ^throw her in the river. That evening he had stood over her with a coat hanger, forcing her to write a letter of apology to a friend of his who had been present when the altercation had taken place at Alrs. Fiebig 's. He had hit her twice with his hands and also kicked her. He had thrown a beer bottle at her and also torn up her photographs and driver's licence. At the same time he had destroyed her marriage licence. He had been drinking beer while forcing her to write the letter. At this stage witness gave details of unnatural happenings. At 6 a.m. he had lcft for work. She had arisen, being badly bruised and upset. She could hardly lift the child out of its cot. She I had taken the child and gone to see

Canon F, S. Ramson, of the Anglicau Ghurch, Terrace Fnu. She tota him what had .happened, arid while his wife minded the child he accompanied her f,j | the house of her neighbour where she had let't a suitcas'e. She raug Alrs. Fiebig. and arranged to stay with ner again. When she arrived at Mrs. Fiebig 's house she had shown her bruises to Rev. Ramson and Alrs. Fiebig. Ai this time she could not lift the babv. Alrs. Fiebig accomp'anied her to Doeioi' Hunter Will to wliom witness had told the whole story. As a result of whai he said she deeided she could not earry on. She ieft her husband and again went to live with her parents at Otaki. To Mr. Ongley witness said she hau met her husband at a party in Gisborne towards the end of 1944. She had been engaged to an American soldier but had broken it otf about four mouths before ineeting her husband. -Alclvinnon and she became engaged about ten days after their meeting. His couduct on the first night of the honeymoon had been brutal. She had not lost all love for him, but .rather had tried to hold the marriage togetlier. She was scared of him. Alargaret Clout, auut of AfeKinnou, of Ghurch Street, Palmerston Nortli. said she had been present when Alrs. MeKinnon had asked a policeman to aceompany her to her fiat in King Street, Palmerston Nortli, to get thDaby's clothing. Respondent had goiu to witness 's home for the night. AIv Kinnon had arrived that night and had foreed his way into the house. He had pushed witness aside and taken his wife by the throat. Respondent had been screaming and so had the baby, which she had in her arms. The policeman had arrived and taken petitioner away. When plaintiff arrived that night In had been under the induence of alcohol and she had told him to go home and come back in the morning, she told ALr. Ongley. Frederick Stanley Ramson, viear oi St. Peter's Anglicau Church, Terrace End, said that Alclvinnon had called to see him first, regarding a reconciliation with his wife. He had said he was earning ovev £9 per week, gii'ing hi.wife £4. On June 7, Alrs. Alclvinnon had called with her child and he had accompanied her to her flat for her luggage, then taking her to live with her friend. He had seeu the bad bruises on respondent 's breast. Gladys Aluriel Ford, married, Palmerston Nortli, said she lived in one hali of a double-unit house, the Alclvinnoiw lieing in tlie other lialf. On June (5, 194G, she had heard baugiug and voices raised. She recognised the oue which did most of the talkiug as Alclvinnon 's. JSlie had heard the sound of a smaek as if on bare skin, and then Alrs. Aielviti non had said quite plainly, "No, Alac, don't. " The noise had gone on all niglit until 6 a.m. when they got up. There had been one occasion when MeKinnon had opened his windovv an l called some fllthy language. Elie lia-i seen him drunk 011 more than one occu sion. She had complained to the police regarding the noise, and had arranged a signal with neighbours if she needed anj assistance. She used to leave the windows open at night but was alTaul to later because of Alclvinnon. Alrs. Alara Gladys Fiebig, married, of Savage Crescent, Palmerston North, the friend of respondent, said that alrs. MeKinnon had a black eye when the;. stayed with her in Februarv, 1945, du.ing the honeymoon. Alclvinnon had au mitted striking respondent at Dannevirke." In Alay, 194(5, Alrs. MeKinnon had come to her home. That evening Alclvinnon arrived; he was the worsc for drink. She had gone out for 1. moment aud when she came back policeman had arrived. Responden was badly bruised 011 breast, arms au.. legs. AlcKinnon telephoned continualn but they had had the teiephone discon j uected for two nights. Her daughte. I had helped respondent with her luggag j when Alclvinnon called for her witli a. i Air Force truck 011 June (5. She vvu not bruised then. Then, next day Alrs l Alclvinnon had come back with Gaimt. Ramson. Her breasts were badl,. I bruised. Whenever she visited the -MKinnon home she fouml it spolless ' Alrs. MeKinnon had been unablo to I10I j the bab\- when she came back wit I

Ganon Ramson. > To Air. Ongley witness said Alclvin 11011 and. respondent had cpiarreled ivheii stajang with her during their hone\ moon. She could uot remember ro spoudent refusing to go home with her husband. She wa3 uot present when her husband had struggled with AIc Kinnon. Alrs. Annie Lowry, mother of re spondent, of Otaki, said that during their honeymoon MeKinnon afld re spondent had spent a few days aflor their marriage at her home. He daughter was bruised on the temples, arms and legs. AlcKinnon admitted striking _ his wife, blaming it ou ti drink. Her daughter had returned honnagain in June, 194(5. She was a nervotiand physical wreclc. Her vvrists vver bruised. I11 December her daughte. had returned again with her breasH arms and legs badly bruised. To Air. Ongley witness said that peti tioner had communicated first with he. husband regarding the trouble on tlu honeymoon. Witness had nevcr hear her daughter use any bad language iu the home. When Mrs. MeKinnon went to Otaki in December, 1945, she had had the baby and only a lit-tle luggage Her daughter had not complained be tween December and June, but she had thought all was not well. Leonard George Lowry, retired , M.P., of Otaki, father of respondent, said he reeeived a, teiephone call from peti tioner just after the marriage telling of the trouble. He did not know where he was ringing from. They had a taJk over the situfition. He had never heard anyone as arrogant, bombastic and in sulting to his daughter as AlcKinnon | had been at that time. Witness hal mentioaed the iaet of the meagre allow

ance for his daughter 's housekoopin» AlcKinnon had said "Take il or leav it. " His daughter had go'tie to livt with Alrs. Clout, and witness had then taken her to Otaki. There had been r discussion between AlcKinnon, his wife and father and mother, and witness Witness and AicKiniion"s" father ' ha., both realised that fisticuffs were at tlu root of the trouble. Witness had seen the bruises on his daughter 's breast.and the rest of her body. To Mr. Ongley witness said he and his wife saw the chihl when it was liw or six weeks old. MeKinnon* and re | spondent had discussed" their problem: befpre the parents of petitioner "an'l himself. He had had no occasion t- » tell his daughter to stop using bad language. MeKinnon had not told him when staying at witness 's home a Otaki, that Mrs. MeKinnon would no get out of bed to feed the baby. The case will be continued at 10 a.m. tojiay.