MAGISTRATE'S COURT

Dominion, Volume 12, Issue 265, 5 August 1919, Page 2

MAGISTRATE'S COURT

CARAVAN LIFE UNCONGENIAL

SHOWMAN SUED FOR SEPARATION Sidelights on tho career of a country showman, 11 native of France, r.nmed Great Henri French, were disclosed in tho Magistrate'*? Court yesterday, bejore Mr, E. Page, S.M., when his wife, Elsie French, assed tho Court to grant her separation, maintenance, and guardianship orders, on the grounds of persistent cruelty and failuro to maintain. Mr. 0. C. Mazengarb appeared ftr the complainant and Jlr. 11. I l '. O'Leary for the defendant. In opening his case Mr. Mazengarb said that the defendant was a travelling showman and toured the backblooks with two caravans. His wife travelled with him and assisted in the show, but never received any payment for her services. She was obliged to livo in uncongenial surroundings and altogether had a bard time. When she taxed_ her husband as to his infidelity 110 admitted it and, obtaining £5 from him, she left him and came to Wellington to take these proceedings. Defendant had threatened to take his wife's lifo and al6o that of their child, not only oneo but 011 several occasions. At tho present time Mrs. French was living witli her parents and was practically .destitute. The defendant had .£2OO in tho P.O. Savings Bank, besides other money, and had hinted at leaving tho country. Counsol asked that tho Court order defendant to provide adequate maintenance, and in addition to enter into a bond or provide 6omo security that tho payments would oe luajiitained. Tho complainant said that she had married tho defondant three. years ago and had been living in the caravan with him whilst touring the country districts. Ho had threatened to tako her life, 'saying "I do not care; I have had my life." She obtained JCS from him to pay her oxpenses' to Wellington, as tno defendant had asked hex to take tho proceedings in Wellington as ; if taken in Cambridge, they would affect his show. Ho had stated that 110 intended to clear out to France. Ho had 10 horses, two caravans, ,£2OO in the bank, .£2O in gold in a stocking, and in addition rflucli paper money which ho carried round with him. ■ As to his takings Mrs. French said that sometimes lie took J5lO a and sometimes .£2O a night. _ When with Fuller's Vaudeville he' obtained .£3O or .£3O a week. , To Mr. O'Leary: Witness did not know that defendant was only paid a week when with Fuller's. She asked for maintenance at tho rato of .£3 per week. She had not made up her mind as to whother she would take divorce, proceedings. The Magistrate: What sort of a show does tho defendant do? . Mrs. French: Juggling and trick cycling. Mr. O'Learv: He is the whole show ? Mrs. French: Yes, only I do a singing

act. -ni. For tho defence Jlr. O'Loary said teat his client had no intention of evading his responsibilities towards his lawful wile. It was a question as to how much ne was ablo to give. . . Tho defendant m evidence said that fie had given his wife Jib to come to Wellington. Ho was unable to pay <£3 a week, but ho thought 30s. a fair sura. . Mr. Mazengarb: Aren't you lriends with the blacksmith at Cambridge? Defendant: No. I do not understand. Jlr. Mazengarb: Tho man -who shoos horses. • , Defendant: Oh, yes; I know him. , Mr.' Mazengarb: Aren't you tnends with him? .... Defendant: Ah well—yes, out if you pay n man money, you are all friends. Tho Magistrate: What is tho vaiuo ot tho plant?-"It is expensive.' To Mr. O'Leary deiendant said the horse cost oil an average .£lO each, tho two canvvnns c£4o, and tho whole pio* perty would be worth from .£250 to X'&O. The Magistrate: Can your wifo earn anything? Defendant: Oh, yes-sbe's a very good singer. , , , The Magistrate: What would she be able to earn ?-I think .€5 a week-she s a good singer.. ■ This concluded the case, and His \»orship held that tho allegations of persistent cruelty hod not lwen proved. On the other grounds, he would grant the separation and order tho defendant to pay £2 103. a week maintenance and to pay legel expenses ills. The defendant would also bo required to find a,security or deposit a sum of as a guarantee that tho payments would bo maintained. ■ INSOBRIETY CASE DEFENDED. When a first offender appeared to answer a charge of insobriety, Mr, Beere, on behalf of the defendant, applied for a remand for a week. Ho said that ihe case was attended with peculiar ciicumstances which required investigation, and he desired time to consider the case. He further stated that the case would in all probability result in an action in the Supreme Court. Tho remand was granted by His Worship, who iixed bail in tho sum of 10s.

A PECULIAR CASE. For somo unexplained reason Patrick Sinnott broke four panes of glass vcluea at .£2, at-the house of Annio Parker. Acting Sub-Inspector Emerson said .that on Saturday the accused, who was a re.turned -soldier suffering from war disability, went to the house of tho 00mplainant and deliberately broko tho fwir windows. When questioned 110 said he did it for spite, and further stated that a man whom he thought lived m tho house of Parker had borrowed .£3 fiom him and had failed to pay it back. He afterwards contradicted this, and said that ho had been robbed of .£3 and that ho broke tho windows for spite, wEmerson understood that tile defendant was not strong mentally. Mr. A. Curtayne, secretary of the Heturned Soldiers' Association, said that tho association had dono its best for the man, and it was unable to do anything Tho Magistrate suggested to the accused that ho might go to the Ohiro Home, but ho refused. ■ The accused was convicted and ordered to pay the cost of the damage done, and the Magistrate decided to have inquiries made as to placing cue accused 111 somo suitable institution.

MAINTENANCE CASES. Will. James Gillham, whose arrears in respect of a maintenance order amounted to .£lO 10s., was sentenced to 1-1 days imprisonment, warrant to be suspended so lou" as ss. per week is uaid oil the arrears and tho original payments are maintained. ~ Kathleen Coffey was granted her application for separation, maintenance, anil guardianship orders against her husband, Edward Coffey. The defendant, who did not appear, was ordered to pay A 1 Us. per week maintenance and solicitor s tee Is The' application of Violet Spillar for separation, maintenance, and guardianship orders against her husband Win. Spillar, was refused. Mr. H. 1. 0 Lcary appeared for tho complainant and Mr. .1. C A. Hislop for the defendant. The application was made on the grounds of cruelty, but His Worship held that a case had not been established.