HER PRAYER IS HEARD

NZ Truth, Issue 1149, 8 December 1927, Page 9

HER PRAYER IS HEARD

"I Think Defendant Is Capable of Paying" Says S.M.

THE SIGNIFICAN

IT would be degrading for this wo-^ man to have to go back and live with this habitually drunken husband; it was degrading to her to have to return to him on the last occasion, but 6he did so for the sake of the children and m an endeavor to patch up their differences. — Counsel for wife. On the one hand, sir, we have a scheming and dangerous woman, a soft husband, and on the other a wealthy father upon whom thiß woman wants to live. — Counsel for husband. Such was m effect the comment of counsel m a remarkable application by a wife for separation, maintenance and guardianship orders against her husband m the Wellington Maintenance Court last week before Magistrate Salmon. The case was remarkable for the amazing allegations and counterallegations that came to light, the bitterness with which the issues were fought and the continued and sometimes rather heated brushes between oounsel. The parties to the dispute were Emma and Percy Brown, whose father and brothers are well known m business circles In the city. Brown pere, complainant's counsel stated, practically owned Laery and Co., provision merchants and auctioneers. Emma Brown based her application on the grounds of persistent cruelty, habitual drunkenness and failure to maintain. She asked for an order of £3/10/- per week. Her counsel, Lawyer A. B. Sievwright, stated that if this amount was granted, no proceedings would be taken against the grandfather, on whom an application for maintenance had already been filed. Percy Brown holds a subordinate position as a clerk at £5 a week m the firm of Laery and Co., of which his brother is a director, a fact commented upon by the magistrate. On the ono hand was a record of success and prosperity and, on the other, one of persistent failure. Percy, up to a few years ago, held some shares m the concern, but these were handed back to either his brother Frank or his father m consideration, so it was stated, for the latter having set him up m business. This business had come "a crash," but nevertheless Percy received an allowance from his father variously estimated from £4 to £2 a week. It was the contention of complainant's counsel that this money was paid over as dividends for shares which were virtually Percy's but actually m his brother Frank's or his father's name. This phase of Percy's income caused some sharp encounters between counsel, Percy's defender, Lawyer C. A. L. Treadwell, strongly objecting to some of his witnesses — directors of Laery's — being questioned on the subject of their private business. • The domestic history of the Browns goes -back a matter of six years — to December, 1921 — when Percy entered into the bonds of matrimony with

War Widow

Emma. She was at that time a war widow with one child and m receipt of a pension of £2/10/- a week for herself and child. As her counsel pointed out, this stopped when she married defendant Brown, and* it was only fair, now that she had another child to keep, that her allowance should be more than what she had lost. "It is shocking the way he has been carrying on with his drink," said Emma when she entered the witnessbox. "Would you call him an habitual drunkard?" asked Lawyer Sievwright. "Yes," was the reply. You have no doubt on that score? — No. Brown used to come home drunk and m vile tempers. His conduct towards the child by her flrst marriage had been terrible. The child — a big, healthy lad of 16 — was now able to look after himself to a certain extent. Brown had struck him, though not Io the extent that he had her. He had provided food, etc., during their married life, but she had not had so muoh as £6 worth of clothes from him m six years. Emma had £1300 of her own when she married Brown, she told the bench, but so great had been the inroads into it for the upkeep of the home m buying essentials she now had only £400 left. This she was keeping for her son's education. The whole of her married life had

CE OF FAILURE

been a matter of shift from one place to another. She had never possessed a settled home. Several had been made but always broken up again. At one period they had the use of Frank Brown's house at Taita. Percy, however, cleared out on a drinking bout once, so s she wasn't going to stop there on her own and came back to town. ■ Concerning the money she had spent, Emma said if Percy had been doing his duty none of her money would have been spent. Counsel: How much has been spent for his own benefit? — It cost me £75 to settle his debts. This was when they were m Auckland. He owed money m all directions. . She also paid all the fares back to Wellington. After her marriage, tlley lived m Carterton for about 18 months; the home was provided by defendant's father. He had some business there and used to travel round the hotels for orders. i She never knew him to come home sober once. He went to the race club ball there and stayed away the- night. In Auckland she had the delightful experience of having the bailiff m the house because the rent was no*, paid. He frequently knocked ber about ihere. Lawyer Sievwright: Can you give any reason for his drinking? — He once said it was because he never had any children. .Despite this. Emma said, she was m a certain condition at the time and he still continued knocking her about. Once when they were living at Mount Eden, Percy came home, she said, after sleeping out on the grass at Devonport. Lawyer Treadwell: How do you know? — He s told me so. , To her counsel she went on to say that Percy had lost his false teeth, his glasses and his latchkey that night. He had to advertise j for them. Lawyer Sievwright: Has he ever come m contact with the police? — Yes. What happened to him? — He bought a car and was then fined for being "drunk while m charge of a car." After she came back to Wellington and Percy was travelling for Gordon and Gotch he was very tight with the money. He used to transmit the money by cheque. One he sent was valueless. Emma maintained he was earning about £15 per week then. When he went to work for Laery and Co. they went to the house at Taita.. He was getting £9 a week then — £4 from his father and £5 as salary. Lawyer Sievwright: The £4 was from the 4000 shares? — I suppose so. Questions relative to these shares which were presumably owned by defendant caused Lawyer Treadwell to rise m wrath. "I object, sir. These are most improper questions." And, turning to complainant's counsel: "A most improper way you are conducting this." "I don't think so," suavely replied Lawyer Sievwright. Continuing, witness stated when she came back to town from Taita she furnished an apartment house. He, Percy, occupied a back room. He came home drunk once and there was a terrible row. She rang up his father who told her to get the police. Lawyer Treadwell: I object, sir, there is too much of this irrelevant matter going m. We don't want to know what his father said. Only she says lt. Lawyer Sievwright: Oh, his worship can sift the grain from the chaff. Opposing counsel: Well, we don't want all the chaff from you. Lawyer Sievwright: Well, dbn't interrupt then. Questioned concerning this row, Emma said her husband had assaulted all three of them — herself, her son, and her sister who had come over to see her. He had chased her sister down the passage and knocked her about. Soon after this, proceedings were taken m court when she sued him for maintenance. Separation by mutual consent was the result and her allowance fixed at £2 10s. a week.

Conditional

In May of this year she met him m the street and he begged her to come back, Emma declared. If she did so he promised to reform.

He was then stopping at the Waver - ley Private Hotel so she decided to join him there. The reunion, however, proved an utter failure. She naturally thought he would pay all the board but he did not. It cost her a matter of £ 5 a week for board, nor did Percy come to light with any money for clothing for the children.

But what to her was most important of all he did not give up the drink. They shifted from the hotel to a flat at Oriental Bay. He told her at the Bay that he had £4000 m shares m Laery and Co., but they were put m Frank Brown's name.

The question of Percy's allowance coming up again, Lawyer Sievwright wanted to know why Emma's husband's allowance had come down from £4 to £2.

"My husband said his father told him that while he was not living with his wife £7 was enough to keep him going on. His father left instructions that the accountant should pay him £2 a week while he was m England.

"And," added Emma, "feis father said.