AN UNHAPPY COUPLE.

Hauraki Plains Gazette, Volume XXXVII, Issue 4949, 10 March 1926, Page 3

AN UNHAPPY COUPLE.

CLAIM FOB SEPARATION FAILS. PERSISTENT CRUELTY DISPROVED At the Magistrate’s Count,' Paeroa, on Monday, before Mr J. H. Salmon, S.M., Layton Cornforth, flaxmiller, ( Awaiti, was charged' <with persistent cruelty to his wife. The, complainant, Hilda M. Cornforth, also sought a separation order and custody of the ■ ten-months-old male. child, together with maintenance. -Mr E. W. Porritt appeared for the complainant, and Mr RS. Carden for. the defendant. >. ■ On ,th 4-, application of Mr Carde.n all witnesses were ordered out of the Court. * In opening, Mr Porritt said that the parties were married in Ja.nu.ary 1925. From. the. Start, .their lives had been unhappy. Defendant had nbt

■ provided a home when, first married. He had threatened his wife with - a gun, and had screwed her armsi.. , p en " erally, she had been persecuted, and on one occasion she. had been put outj-. side the-house with a young baby. ..... Hilda Mabel- Cornforth, complainant, said that she had lived with her sister! Mrs ' McQuillan, Paeroa; for some months - after ■ being married. Later the couple shared.a house; with another’ married- couple .in Willoughby. .. Street. She h‘ad informed the police that her husband had .threatened.her, but had been told that nothing couldbe done. On'several occasiohs.it had • been necessary to seek-the protection of neighbours on account of her husband’s violent behaviour. One evening defendant had threatened, to draw a razor across her'.thrpat, and she was too terrified to go into the house, preferring to go. ,to an hotel, rather than face his wrath. She-was; desirous of separating,,from. her- husband, and was at that time staying with friends." Disputes over religion.’ had Jalsb .been a contributing . factor to ' some of the scenes. She sought’ custody of the'ebild, "'and stated that she was willing to go b.a'ck .to..defendant provided he was prepared to provide 1 her with a decent home and treat hei as a« wife might reasonably expect to be treated. . / . ■ . ? To-Mr Carden complainant denied that she had neglected-the baby? and said that any statements’-made, concerning the condition the child were quite untrue. * ■ ■ ' To His Worship complainant denied that she had received v a .letter from her mother . suggesting' that she should return -to her husband. / Henry Uren; painter,-said, .that ,he lived next- door<to . k an& ; detailed various quarrels, and scenes' that had taken place. He. wasof the opinion that the whole trouble lay between complainant and her sister, Mrs McQuillan;- Op one occasion complainant ' had rushed into his

house, terrified, . because deferidaht r» had taken- a gun down and threatenV ed to shoot her. He and-his wife had ■ befriended complainant because *" husband had 'turned' her into' the street. • ' \ ’ ■’ To-Mr CardeiKtvitness-admitted th,at. much of his/'evidenCe* was- ; hearsay, but he had also had ample opportune - ity of hearing what was . going on, as •■ the houses, were only about 20ft apart. . ’ ' Mary Uren, - wife-, ’of- the • previous.. , witness, stated-that complainant had. frequently come ill to her house for protection, and sh,© 'had. seen.-defend-;. ant strike his. wife; Witness said that • she was outside the 'house and- had heard defendant say, ‘,'Fpn. God’s'sake shut your b r-/ipouth,.- or ■ I’ll? shoot , you and then myself •’■■‘.Complainant had frequently cooked defendant’sZtea on her (witness’s), rangebecause Mrs McQuillan allow her range, to be-used; In her opinion;'the. baby had been careful#.' attended’ to ,and regularly fed.,'. She had,-not, -seen any, signs of’the. baby having been’thrashed. / To Mr that de- , fendant had persuaded complainant to go back to him >. after the gjm ir,cident. In'opening for the defence Mr Car r den said that the defendant had had a very hard time of it. ■- Coinplainant •had determined to get rid of her husband and retain the baby> Clarice Mary McQuillan said that she was very reluctant-to give ’ evidence against her sister;;:but .she. had. been in a position-'to ‘ Observe the. couple . duriqg. their < married .life;, There had been, trouble over financial mattery and . the baby. The child ■ was always'kept dean, although’, defendant had thought otherwise. The. complainant was very quick-tempered, and was-the kind of person who could K be taught no.thipg.-5 When- in a rageher sister could not control herself. Witness said that:she had seen de? fendant hit-complainant on two occasions, but all thesame she ,thought that defendant was an even-tempered, man until he was thoroughly aroused. She had never heard defendant threaten to shoot his wife. ’ • . ' To Mt Porritt witness said that her sister.was 23 years of.-age when married, and had-had considerable.’ experience of housekeeping. She thought that there, were faults on\ both, sides. Layton Cornforth, .defendant, said, that ’while living with the McQuillahs ’he had . had arguments with.'his wiife over the housekeeping accounts and,’the condition of the baby. He had frequently put his arms round com;? plainant and placed his hand over her so that the neighbours.would not hear her angry voice. Her temper was ungovernable, and when in ' such,.a. state she. would bailg doors and. run‘out of the house. When-liv-ing in Willoughby Street Constable McClinchy had /heard complainant screaming brie night, and'had told her to. kefep quiet, and had suggested that she should cleanse, th^. baby. . Defendant said.that the .wages he earned were .handed to his : wife, Jess about 10si a .fortnight which he retained for himself. Defendant,, admitted that he might l have threatened to shoot his wife when he was very angry, but he 3 had never attacked her or injured her. The baby had been well treated . by complainant in his presence. To Mr Porritt defendant said that had a gun in the house but no • cartridges. So far as hei knew', Complainant had utilised his wages l in

paying accounts, and Housekeeping’expenses. He emphatically denied that he had ever seized his. wife by the throat in anger.

To His Worship defendant said uh at he was quite willing to take his wife back so long as she would conduct herself ais a reasonably minded wife.

Norah Flynn, Princes Street, £>aid that her house was only a few feet from the Cornforth’s, and she had frequently heard rows going on* in the home. Witness alleged that she had seen the baby in a filthy condition.

Robert Schwe-ncke, railway employe, Paeroa, said that he had shared a house with the Cornforths, and had found Mrs Cornforth the worst tempered woman he had even known. She,used-to scream at the .top of her voice for little or nothing. He had never known defendant, who was a very quiet man, to give- his .wife a thrashing.

To Mr Porritt witness said that the complainant screamed and “kicked up a fuss’’ over very little. • Nellie .Schwencke, wife of the previous witness, corroborated her hus-/ band's statements, and added .that in her opinion the baby was, kept in a filthy state. - - ~ ' ... ■

Mr Porritt said that it appeared as. it the temperaments of -the couple were incompatible, but,, naturally, complainant was desirous- of retaining custody of the, child. . ■ -.

Mr Carden sai’d that defendant could find’, a - good home for. the child, ,and avas agreeable th'at his .wife should have access to it. ■ ■: • The' Magistrate said that obviously the . interests' of the baby were paramount. He, considered that the complainant had failed to established that she had been subjected to: persistent cruelty,- and he thought the evidence of Mrs . McQuillan could -be relied .upon,<- Evidence had shown, that the complainant: was a 'woman,‘with an ungovernable temper,, and it,was reasonable to suppose that the defendant had-been , goaded into a temper and caused to threaten his .w t ife. There appeared to be no reasonable grounds put.forward as a-cause to- gran,t a separation. It had been shown, that, .for temperamental reasons the couple had been, unhappy. If the. wife could not - make- the ’,home < tolerable for her'' husband, she could hardly claim that she was entitled to maintenance. Hisi Worship said that 'the 'evidence had disclosed that the husband had not been at fault, but had, indeed,, acted with restraint.. -The application /. for a ' separation order would- be ’reftis-ed. An order would be' ma.de J for--the- 'mother to retain custody of the child, and ..the case would be adjourned until. April. 12, for a deed of-separation. to be entered into between; the parities. -y ■ -