The Niece

NZ Truth, Issue 1149, 8 December 1927, Page 7

The Niece

She could not speak English very well, and the services of an interpreter were secured, a compatriot of the feminine sex, while Lawyer Fred Kitchingham pleaded the case of the bride. Lawyer Bill Joyce did his best for Abdo, who was also able to do a bit for himself. The circumstances were somewhat peculiar, said Lawyer Kitchingham. The parties were married at Alexandria m February, 1924, and embarked almost immediately for New Zealand, m continuation of the husband's journey.

His niece was also one of the party, and she was the crux of the present question. She continued to live m the house at Blackball, where Abdo ran a drapery and grocery store. The wife and niece could not agree, and a few months ago the former was compelled to leave.

She was prepared to go back to her husband, but only on condition that he sent his niece away. There was no question as to Abdo's means. He and his niece went for a. trip to Syria, and there was an elaborate wedding at Alexandria. He was well able to pay maintenance.

Laya said that she had been supplanted by the niece, who was about

thirty years of age. Abdo paid more attention to his niece than to his wife, and the niece interfered too much with witness. When she complained, Abdo said he would not let the niece go. "Witness would be quite happy with Abdo if the niece went.

In March, when witness complained, Abdo told her to go, and she left him. She had since borrowed some money from friends, and had made a little by dressmaking, but not sufficient to keep her. She did not care whether Abdo was rich or poor. She would go back to him if the niece left. Examined by Lawyer Joyce, Laya said that Abdo gave her an engagement ring worth about £120 and they had an elaborate wedding.

There was no trouble between them on the outward voyage, except through the niece, who used to enter their cabin early m the morninsrs without knocking. Lawyer Joyce: Wasn't there some trouble a t Sydney? — Witness admitted that Abdo

suggested that she should see a doctor when they reached New Zealand, but she denied that he suggested that, if the doctor's treatment was not successful, she should go back to Egypt. Lawyer Kitchingham.: I don't know whether Mr. Joyce wishes to try a suit for nullity of marriage to-day, but that is where his questions are tending 1 . "What is the suggestion?" asked the magistrate. "There is no question of anything immoral on the wife's part?" Counsel: No. The question goes further than that. The marriage has not been consummated.

TheS.M.: We cannot try that to-day. That is a matter for another action. I n further replies the wife stated that about £60 had been spent by Abdo m secur- ■ ing medical treatment for her m New Zealand. At this stage, Lawyer Joyce objected to the low tones of

and the wife, and said that neither he nor his client could hear what was being said. "They are rubbing noses there," he said, "and nobody can get any satisfaction." Laya denied worrying and annoying her husband while he was ill at Blackball, and said she never threw the scissors at him. She had always looked after him. She got £20 from him to send to a "deserving case," but he knew to whom the money was sent. She had cousins at Ghristchurch and Dunedin, but no other relatives m the Dominion. Lawyer Joyce remarked that it was peculiar among Orientals that they .should have so many, "cousins." Laya, said her husband did not tell her personally that he was worth £30,000, but told ople to ask a certain !man who knew him. <'I suppose that was when he waa replying to the toast at the wedding! * said the smiling S.M.

The marriage was admitted, said Counsel Joyce. At least, it was admitted that the parties went through some form of marriage at Alexandria, and had lived together since. Such a ceremony might not stand if tested under British law, but it would not be right, m the circumstances, to deny that a marriage took place.

Seen m the witness-box, Abdo did not look the part of Romeo, but, despite his 54 years, he was not hard to look at from the feminine viewpoint. He became pretty heated un-

der a stiff examination by Lawyer Kitchingham. You made up your mind that you preferred your niece to your wife? — No.

Well, you have your choloe now. Tour wife or your niece? — She la not my wife. She ls a wife, but not my wife.

All right, seeing that you will persist m that statement, read thial

"This" was a certificate from a, Greymouth medical man, dated 1927, stating that the wife had no. physical defect, but it didn't seem to cut much Ice with Abdo, who said that his wife had' undergone treatment under a specialist at Christchurch, and had been m hospital there without success. Lawyer Kitchingham: How old are you? — Fifty-four.

Abdo denied that he was a wealthy man, and reckoned that he had spent all the money he had. His niece did not come into the connubial cabin early m the mornings. "Have you any nieces yourself?" he asked counsel.

"Never mind about me," was the reply. "You answer my questions."

Abdo declared that he borrowed £400 from his niece to pay for the wedding, and he had had to repay it. His wife. had left him three times, he said, and now that she had taken him to court he would not take her back to live with him.