TOLD TO THE COURT.

Dominion, Volume 5, Issue 1407, 6 April 1912, Page 8

TOLD TO THE COURT.

1 -. BLIND WIFE'S SUIT. ALLEGATIONS RE HUSBAND. "ITE BORROWED EVEN ON OUR WEDDING DAY. , ' "This is one of the saddest cases, your Worship, you havo ever had under your notice, and one of tho cruellest." With this sentence, -Air. C. li. Dix opened a case, in the ij.M. Court on Thursday, in which Margaret Kcbecca Diamond, for whom he appeared, sued Franfis Diamond for JBI'JU, representing money lent, and the value of goods taken. "Plaintiff," said Mr. Dix, in continuing the outline of his client's, caw, "is a woman who has occupied responsible positions. Sho was cook at Government ISuuso for some years, anil later on sho was coik at tli« Wellington Club. Sho there made money—not only wages, but certain perquisites as well—and sho managed r:> save money. She then met defendant, who debired to possess her money, and, unfortunately for her, she married him. Lven on the day of their marriage ho borrowed money from her, and ho borrowed further sums at subsequent times. He was in debt, and she paid money on this account for him. Also, sho paid money for him in satisfaction of judgment. She now desires to obtain back this money which sno paid away on his behalf. One cruel thing is this: She said (hat if he would lead a good life sho would help him with bis banking account; she paid in £2b for him; he obtained a second book (I don t knowhow), and, while sho was paying the money in, he wns drawing it out through anoth'cr book. Tho woman is blind, and wo now come before this Caurt--the people's Court-to ask your Worship to decide tho matter."

Two Wellington business men gave evi:lence that they had had difficulty in jetting money from Diamond. One said that he had called at the house about it, jiid that Mrs. Diamond had produced a £jf) note to pay the bill {£9), and, as the witness could not change- the note, had said that she would send the amount next day Next day Diamond had called and paid tho account. Tho other witness stated that Mrs. Diamond had called at the shop nnd paid him tho account owing by Diamond. Mrs. Diamond's Evidence, Margaret Rebecca Diamond, nee Webb, who reached tho witness box with the assistance of her counsel, deposed that she married Diamond on January 12, 1907. Prior to that sho had been for seven years employed as cook at Government House, and sho had also been engaged as cook at tho Gentlemen's Club. A whilo back defendant had left her house as a result of a separation order she had obtained. Defendant hud taken with him a photograph of tho Rev. Father Lewis, another photograph, a prayer book, and three bank books. Sho had caused a letter to bo written to him asking for the return of those, things, but the only thing returned had been the prayer book. A year before their marriage she had lent him £bO, which he had never returned. On tho way back from the church on the day of the marriage ho had borrowed «ElO from her. Plaintiff then enumerated and ■particularised sums of money which she alleged sho had paid-in satisfaction of defendant's debts to business firms and to men who worked for him. Mr. Dix: "Von aro certain that some, of the:; moners you paid yourself:" Plaintiff: "Yes." ( Why did you, a blind' woman, ?o and nay them?—" Simply to help him, and keep him from the drink." What I mean is this: Why did you go nnd pay them personally?—" Because ho might not pay them. He might spend the money, as he did on pidiuiis occasions." "Left on the Loneiy Shores." Mr. M'Gralh (counsel for the defendant): You don't suggest you aro poorly off now, do you?—"Yps:.'' How much money have you?—" Not much.'' Any money in the Bank of Now South Wales or any ither '«nnk°~"X>" Anything in the Post Office Bank?—'l ".£200." Mr. Dix: That has come down to Is. Bd. Plaintiff admitted having .£l2O cash, and a prappvtv worth .tMJO. Thi- y.-.s rio pcrty which' she had before being married. Mr. M'Clralh: What did you do with your MiuiAwatu Railway shires?—"l was not aware that I ever ind any." Did you ever tell your huinmid jt>u had:-"Xo." How long did you know him beforo marriage?—" About two years." Then you were keeping company with him with a view to marrying him?—"l don't know that 1 had any intention of marrying him. until shortly before wo were married."

And yet you fay you lent ,£"iO to a ] single man who was in constant employment? —"Vet, lo liny a horse and dray from a man at the I-J.nlt," How much did he have a day when you married him?—" Well, seeinp, that he borrowed £\0 from me on the day we were married, 1 don't think he was pos-ses-od of much." What plant did ho have?—" Three horses and a couple of tip drays." What was his occupation?—"Ho was carrying out a small contract at Kgahauranfra." In the course if one of !u-r answers to counsel, plaintiff £ajd: "A few <!ays before the separation he asked Uv his ba;;, which had some money in it. Thoio was Jc2') in it, and I pave it to him. He sa.d that ho have sonic more, and T said that that wa- all thcro was. He then .said: 'If you have nol sot n'.oro than that you will ba left on tho lonely shore;.' 1 said, 'All risht,' and " Jlr. liiddell, S.M.: Oh, you need not K° into this.

Mr. M'Grath: Will you deny that you didn't have enough money to pay for your boardiiisliouse in May, 1908?—" I deny that I was short of mciiej'." Do you deny that you got ,£IOO from your husband?—"l do deny it." Do you deny that you got tho money from him, and rushed down to the bank with it to save your check from boms dishonoured.—"Yes; I can prove where I got the money." Mr. Dix: Tell where you got it from, Mrs. Diamond. Plaintiff named a business concern which, she said, she borrowed the money from. "I am Loft Almost Destitute." Speaking of her reason for takin? the action, plainlili said: "I am left almcst destitute, and I. am almo.-t blind. He refir-ed to keep me. and I think I am mitilled to Bet back the money I lent him, and paid away for him." Mr. M'Grath: Is it not a fact that just before you were married you were sued for debt?— "So; it was after I was marCan you tell us why you were sued if you hail all this money r—"Because I had to pay his accounts." . Did you ever property at Pal-mer-ion North ?—".\*a." At Brooklyn ?—"No." Did you tell Diamond you had.-— Oh, Mr. Dix: That would probably account for the, marriage. "I have had five years very hard, cruel (r< , ntin"nt- I'rani him." observed nhiintilT. Mr. M'Grath: T sunnose you will admit Uiot if you were both living happily t-.i----rethcr (his claim would never liavo hern heard' of.—"lt would not be nc«'S>nry, would it 5 " Aiid the whole trouble is that Mr. Diamo"d lakes drink?—" Yes." Mr D'x interniptod. Mr. M'Grath (to Mr. Dix): Are you doiiif; your cr~--examination now? If vou ar«. I don't <ibiect to your inbrruptin". Tf y°» •■"■« ,: *' i ' T <!o - Tl ll,s Vl " r ' vhii'i won't ask you lo behave yourself, Mr' ' Tiiddell: Y"s; y"U mijiht keep tiiiii't. Mr. J) , "*. You will have an o;i----norlunitv late'- on. Mr M'firith ino of the nh'otn-rraplis): Didn't your hnsbiind roy fur (he iihofd. o"d homo?—"Oh, he eirrifd it lumo." ' But didn't he pav for it?- I save him tho Fnv:rnis\i. so I suppose you can say he mid for tl." . Vnol Lite tl.iT.nlde Vlisit nmv tint tliere is n scnaralii>ii ordi-r. you regret (hat Ihis C°ofl i< in the bank jointly in your iia'm"-?—"No. my iw> : -on is simply |!>»l I want money lo maintain me in \ny blind stale, in which I am under doctors, whom \ff"i- -'i certain a'u--wer by /lie plninh'lT, Mr M'firatli roniarVed: You evidently know al'"tit hu=ire«. "Son are not so simple as Mr. Dix tried to make lit. Dix; I have not jaid that she was

simple—except in that slio married Diamond.

The Husband's Denials. Addressing tho Court, Mr. M'Grath submitted that; the plaintiff must be nonsniled fur the reason that it was perfectly plain that tho moneys were paiil by her of lii'i , own volition, and paid out of savings which wcro really held in partnership. It- was clear that she- ruled tho roast, and kept the banking account, and that any person who wanted money had to go to her for it. Mr Dix: She has expressly stated in her replies lo Mr. M'Grath Hint sho paid the moneys .it Diamond's request; that Diamond ratified tho payments; nnd that tlii'i-o would bo a partnership only if he led a good lifo and transferred certain sluircs. Hfl did not do either. ]|h Worship: I am not prepared to nonsuit plaintiff. , .Mr. Jl'Grath: I am extremely surprised nt tho remarks of Mr. Dix in opening his case. I thought he was calling evidence to support them. Defendant Diamond was then put in. the witness box. Tie swore that he had never borrowed money from Mrs. Diamond. It was untrue that he had borrowed £W irtnu her on the day of their marriage. They lcept a boordinghouse, and ho went on with his work, and earned £20 to .£3O a month, perhaps more. All his earnings had been absorbed in payment of accounts or had been given to Mrs. Diamond. Ho had never asked her for money to pay bills with. The reason why she put £200 in tho Post Offico Savings Bank in both their names was that, the boardinghouse business belonged to both of them. Respecting tho purchase of a boardinghouse business in Tinakori Road, eho had got ,£IOO from him because- sho was short of that amount. Ho bad given various largo sums of money to his wife, end eho had made a remark to the effect of, "Where do you got it all from ?" Uo had always assisted at tho boardingliouse, nnd the only nossiblo extended period over which he voght not havo given his wife any money was about three years ago, when there was n slump in his line of work. Decision in the case was reserved.