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LAWYER E. PARRY, who handled; Tait's case, said that the order now stood at £5/12/- weekly. Since it had been made, Tait had lost his post and was now selling Are extinguishers for a living. His capital was gradually decreasing and he was living on his substance. Briefly, the pqsition was that Mrs.! Tait said that her husband was not being employed by her brother, but was working on his own account and deliberately making a mystery of hia affairs so as to avoid compliance with the order of the court, stated Lawyer Mazengarb, who appeared in opposition. Since December, 1925, Tait had paid his wife £8 per week at various periods. Lawyer Parry: Two pounds is all that he is able to pay at the present time. Lawyer Mazengarb: For both his wife and daughter! ' Lawyer Parry: We are not saying that this is adequate, we are saying that it is all that we can afford. His wife has with her two daughters who are working, and she also has, we are instructed, a third, interest in property valued at £2200. To Lawyer Mazengarb, Tait declared that he had disclosed all his financial resources in the affidavit that he had put into court accompanying the proceedings.
Some Shares - . ■ i \ Lawyer Mazengarb: You have at the present time 400 debentures in the N.Z. Brewery ' Company?—No, I haven't. You have 20 shares in the N.Z. Brewery Co.? —No.. Who has them? —A man named Harry Redstone at Palmerston North. I was a sort of sleeping partner and had to forego any interest which I might have had in them. Those debentures and shares are still in.your name?— Yes. The dividends are still . sent by cheque to you?— Yes. You want us to believe that this man Redstone is quite satisfied to leave those debentures and shares in your name" and to have you; receive dividends ?—I send the dividends on to him. • When did this partnership between you and Redstone —Some' considerable time ago. You are. still, friendly with Redstone, aren't you?—l have no reason to be otherwise. ' You travel.around:.witO;hlm in his car?— Yes, that saves'me considerable expense, otherwise T should not have been able to pay what I have. I have known Redstone since he was a small child. . What does he do?—He works for Li. D. Nathan arid Co. You have a life insurance policy, haven't you?— Yes. Payable at death? —Not payable at death; payable when I am fifty. What is the approximate amount of that?—£2oo. With bonuses? —Yes. You have been able to keep the premiums up, but you cannot keep up the payments to your wife. What do they amount to?—£6/3/4 per year. These payments are not only for your wife, but for your daughter?— Yes. She is 12 years of age?— That is so. You lost your position as the result Dim Past of your own misdeed? —I don't know about that. The position is that you assaulted a man in the fire brigade who was to have been called, as a witness against you. Judge MacGregor: 1 don't want to interrupt, but it seems to me that this matter would much better be called before the judge who originally heard the case. Lawyer Parry: The case was not tried, your honor. Preparations were made for that, but it eventually went undefenddd. Tait: I can explain what happened. I didn't know until ten minutes before I got into words with the man that he was interested in the ease. But in order to shield persons who originally had been shielded I did not do anything. Lawyer. Mazengarb: Anyway, you were asked to leave; and you left Wellington without giving your wife any address.—l filed an order for the reduction of maintenance. You didn't even give your address to your solicitors., and you reduced the maintenance which you sent your wife to. £3 per week?— That was as much as I could pay. And you were found by a private detective in Auckland?—A private detective put on by you. At any rate, you were found in that manner? —That was quite unnecessary, because I was in business in Auckland and could have been found by looking up the trade list. How much did you have in the bank in your own name when you went away?— Approximately £75. When did you buy this business?— At the end of January. So, at least during January, you were able to pay your wife' £5 per week? —I was able to, but I had filed an order for reduction as I told you. You started a bank .pass-book in 1927.. How much did you have in it? Then why didn't you. pay something?—£4oo was borrowed money, and I couldn't pay it out of borrowed money. You were able to take from it your own maintenance and £3 per week for your wife, but not sufficient to comply with the full order of the court for £5/12/-. . ' Lawyer Parry: Surely it is not right that a man should 'pay your maintenance out of money which he owes to someboclv else? » Lawyer Mazengarb: You also had transactions with a Mr. White?—l did. How much did you lend White? At the time of the separation he owed you £soo?—No. you are in error. Didn't he owe you £SOO and pay you £3OO baeU?—He has paid me various amounts, but not since the separation. How much does he owe you now? —£170 in actual cash and the interest on it. j Lawyer Party: He states that in''his affidavit.
Lawyer Mazengarb: Tou know that you still owe. your wife £167 under the registrar's order7 —No, I don't owe her anything. I have given you an order over White which meets that. You know a, Mrs- Summers?— Yes. You didn't sell your Auckland business until you were found?— That has no bearing on it. That was in October, wasn't it?—l could, call evidence to show that I had made an order for sale in July. Did you tell Mrs. Summers that you
had sold your Auckland business to avoid foreclosing on it by your wife? —No, I didn't. What do you earn?—l don't earn anything definite at all. I pick up a pound or two here and there. During the last twelve months what have you earned?—l haven't made any definite amounts. I had hoped that my work for Mr. White would have accrued me something by the end of the year.
How much hav6 you earned, then?— About £2O. Then, if that is all that you can make, I suggest that this business is no good to you?—l auite agree with you. And I suggest that you should get out of it into something better.—l probably would have, hut for this case. What do " you mean?—l have lost two agencies through having to wait about here when the case was' supposed to have been coming on. Do you suggest that we are to blame for that?-—No, but it is unfortunate that the court has had to- adjourn from time to time. You know the Mrs. Robertson who caused the trouble? —It is questionable whether she did, or whether Mrs. Tait did. Are you not entertaining Mrs. Robertson now?— No. • Do you not go to the opera and theatre with Mrs. Robertson? —I may,, have gone once. , Mrs. Tait saw you at the opera with Mrs. Robertson.—On that occasion a friend of Mrs. Robertson had tickets given to her and we all enjoyed them. Do you not go ito tea with Mrs. Robertson ?-*-W,nfortunately, no. The lady is working through the day. Do you hot go to the pictures with Mrs. Robertson? Not frequently. About once a fortnight. She pays once
Mrs. Robertson and I pay once,; and we go in the cheap seats. I think it is quite safe to say that you are still friendly with Mrs. Robertson? —I have no reason to be otherWise. Do you know that Mr. Robeptson is not living with Mrs. Robertson? —He is in the south. As a matter of fact you are corespondent in a suit that Mr. Robertson is bringing against Mrs. Robertson. Lawyer Parry: That is quire outside this case. Lawyer Masengarb; Do you remember telling a man named Hildreth that you had £SOO in bond which you were going to use to set up in business? —No. If he says so he is lying?— Yes. Lawyer Parry: Where are these witnesses of yours?' Lawyer Mazengarb: "We can call them'if you want them. Do you know that your daughter Phoebe was in hospital with scarlet fever? Do you know that Julia had pleurisy?—l knew about Phoebe, but not about Julia. You are paying for Phoebe's treatment in hospital?— Yes. You are paying this because the hospital sent it to you and because Mrs.' Tait was not able to? —I think the hospital a better institution and more deserving. You don't think that you ought to pay this money to Mrs, Tait? —Mrs. Tait is in good circumstances. .You know that she is not in good circumstances.—Well, she ought to be. You ' think that your daughters should have to support your wife while you go around having a good time?—l don't know that I am. having a good time. No, you are probably having a miserable time. —Well, T gro without meals so that I'can go to the pictures with Mrs. Robertson. Do you know that \ one of your •' ■ i - - ' Through? daughters is engaged to be married?— No. . . You have spoken about Mrs. Tait's property. Do you know that the house is unsaleable and that your friend. White is Hying in* it?— Yes, I know that he is living in it..,: ".' Do you know that he is financially embarrassed and unable to pay this £2OO Avhich ho owes?—No, I do not. . You can't make any suggestion except that this.order should be reduced? —lt is obviously impossible. Where are you getting the £2 per week to pay Mrs. Tait now if you are only earning £2O in the last twelvo months? —That amount; is against my life insurance* • Why didn't you go along to Mrs. Tait and disclose your position to her? —I don't want anything to do with Mrs. Tait. j Lawyer Parry: You have two grownup daughters. Do you know what they are earning \ • ' . They are earning something?— Yes. You have been paying this mr.iiey out of your own capital and out of any money that you have been able ;to raise? —That 'is so. To Judge MacGregor, Lawyer .Parry suggested that if anything -turned on the matter'of the shares the case should be adjourned until Redstone i was brought down from Palmerstcn North. . ' " ; Judge- MacGregor: What dp you say, Mr. Mazengarb? , ; Lawyer Mazengarb:. Even if we get Redstone, I don't know that we shall be satisfled. : Lawyer Parry: I didn't say you would be. Lawyer Mazengarb: It sounds a big statement to make, but we. have been trying to have this matter disposed of for the past fifteen months. < •' Lawyer Parry: It is only fair to say that at least one adjournment was for your own personal convenience. . Judge MacGregor: This is'an important point for both' sides. These 400 debentures, of course, arc worth'' considerably more than face value. I should like the matter, cleared up in some way. -It' seems peculiar that these valuable securities should remain in this man's name. It is also quite obvious that this order was made originally on-the'ground that he was in a constant job. Rightly or wrongly he has lost-this. Lawyer Mazengarb: By his own fault. Judge MacGregor: That may be so, but the court has to look at the matter as it is, and has to see that the order is likely to be obeyed. Lawyer Mazengarb: . He hasn't played the game by going away and paying other people money instead of paying his wife. r ■■'■■., .. Tait: There were negotiations in progress at the time. My solicitor, was conducting them, and I didn't go away with the object of cheating my wife. After deliberation Judge MacGregor decided that Redstone would have'to attend the court on the 15th and give his testimony.
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NZ Truth, Issue 1150, 15 December 1927, Page 9
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2,151THIN? YOU CAN PUT ON FLESH. NZ Truth, Issue 1150, 15 December 1927, Page 9
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