MAGISTRATE AWARDS WIFE THE TRICK

NZ Truth, Issue 1173, 24 May 1928, Page 8

MAGISTRATE AWARDS WIFE THE TRICK

A Royal Routine

No Aces In Pack

Florence Found That Her Partner Held Clubs— And He Thought She Was Hiding A Joker! f FATE STACKED THE CARDS AGAINST GAMBLES (From "N.Z. Truth's" Greymouth Representative.) To start with, his name rbas Gamble, a regular card m the connubial pack* His allegation against his life partner Was that she held a joker somewhere. But "the magistrate "went alone/ flashed the right and left bower, and took the trick, handing over the chips to Mrs. Gamble.

AND the marriage game, like cards, is often a game of purest chance. Florence May Gamble and William Gamble have apparently drawn few trumps. For some years, their married life has degenerated into an existence of the feline-canine variety, with the re.sult that the gentlemen of the legal profession have raked m the shekels tind the Greymouth magistrate has had many a puzzled moment while acting as referee.

There Is the added complication of a quartette of fair-haired youngsters.

So far, the hand dealt out to them by Fate has been anything but fair. The most recent shuffle m the Gamble rubber took place last week.

William, who Is better known as "Gammy" — as much a contraction of his surname as it is a description of his leg, which was stiffened by an accident years ago — was playing a losing game. His wife held trumps, and, with the aid of Lawyer Bill Joyce, she secured

a royal routine of separation, guardianship and maintenance orders. Florence May, who is still quite a young wife, brought the youngest of Cour little olive branches, aged three, into court with her. In her evidence, she said that about four months ago her husband went across the ranges to Christchurch, and had since been trying to interest the Canterburians m the merits of a patent oil gauge. She had given her husband chances to reform for seven long years, but he always turned out "a rotter," periodically soaking himself In alcohol, and was not fit to be where there were children.

She could not trust him and before he went to Christchurch had to call m police aid repeatedly. On one occasion, when he said he was going to Reefton, she found that he did not go at all, but remained m Greymouth. He had two of the kiddles with him and she discovered that he had left them asleep m his motor-car m the open all night, m bitterly cold weather.

When she questioned the kiddies, they burst out crying and told her

that daddy had instructed them to tell her they had been to Reefton. He had repeatedly struck her. It was a little over four months since he went to Christchurch, yet she had only received £3 from him. He sent this sum after being away three weeks, but had not sent a penny sinco. Lawyer Joyce: I think you are getting charitable aid? — Yes. You do a little work yourself?-— Plain sewing. If it had not been for other people, I think the children would have starved. I have very good neighbors.

. He came back from Christchurch on Saturday last? — Yes. He came to the house at' five minutes to one on Sunday morning and said he wanted to see his children. I said: "This Is not the right time to see children. Come tomorrow." He demanded admission and forced his way m. I had to go for the police, but they said I could not refuse him admission, as there was no order out against him.

You are destitute?— Yes.

You could let rooms if he did not cause annoyance? — Yes, if he would let me alone.

That is one of your reasons for deeiring a separation? — Yes.

The S.M.: Who owns the house? — J do.

It is your own property — Yes

"Is there any mortgage on it?" Lawyer Joyce: "Yes, two." "What is the equity worth?" Lawyer Joyce: "I would not like to say. I don't think the.c is any equity." The S.M. asked Gamble if he had any questions to put to his wife. Gamble spoke: "In the first place, can you tell me what made me take to drink?" The S.M.: You need not ask her that. You can explain that m the witnessbox, if ycu wish. Giving evidence, Gambia admitted that he was m the habit of getting drunk. "I have not supported my wife," he declared, "becauae there is somebody else m the joke, bar me!" The«S.M.: "You had better be careful! You will get little sympathy from the court if you take that attitude. There are proper steps to take m such circumstances." Gamble: "I am quite willing to get a position at Greymouth and maintain the children, and her also, as she knows.- I am quite willing to maintain her so long as that certain party keeps away from my premises." Referring to the fact that he had sent only £3 from Christchurch, Gamble explained that when ho went there to market the patent oil-gavige. he never had sixpence fo start off with and had a hard run.

He did not ' want to be separated from his wife and children. Complainant (again sobbing): "I want a separation!" The S.M. (to Gamble) : Are you prepared to offer anything m the way of maintenance? — I have absolutely no possible chance of offering anything for nine months. I have to go into the Christchurch hospital to undergo an operation. I asked Dr. Ackland how, long I would be there and he said six or nine months. Of course, you know what these doctors are ! "Probably" may mean twelve months.

Are you incapacitated from work? — Yes, I can't work with my leg.

How long have you been like that? — For nine years. I was m the Christchurch hospital for several weeks recently. (Gamble produced a medical certificate to that effect).

Was your leg not attended to m 1919? — Yes. I was nine months In the Greymouth and Christchurch hospitals, but they never made a successful job of it.

What work are you doing now? — I am still on the oil-gauge.

What money are you making? — I average about 30/- per week, but have to pay expenses out of that. Does the oil-gauge belong to you? — As a matter of fact, it is m my wife's name. They are being manufactured m Christchurch.

Are you selling- thorn only m Christchurch? — No, also m Kaikoura, Timaru, Ashburton and other places. Ciin you not make a steady livelihood?—No, on account of the leg. I propose to sell the rights to the patent. What are you going to do then? — Try and settle down m a small cycle business again. There is nothing definite ahead of you just now? — No. What are your children going to do m the meantime? — "Well, if the Trite and myself can come to some terms, I am quite willing to carry on and try to maintain her and the kids. I Intend to go back to Christchurch and try to find a buyer for the rights to the patent, and then either start business m Greymouth or get her to come to Christchurch with me. But what is she and the children to live on m the meantime?— l will have to do something practically, immediately. Can you do something? — Yes. Well, why didn't you start some time ago? You don't seem to have done much? — The gauge was a new thing on the market and I had to introduce it. It would have been different if 1 hud money to put it on the market m the first place. You have nothing but promises to offer m the meantime? — No. Lawyer Joyce: You have made

a very serious allegation against your wife. Do you expect her to come back to jive with you? — In what way?

I don't want to go into the question. You could have come here before to defend this case, could you not? — No.

Do you remember writing to your wife from Christchurch and saying. "I loved you from the first time we met and now for us to be separated, all through jealousy and drink!"? — No answer.

Counsel referred to the fact that several adjournments of the hearing had been secured at Christchurch by defendant, but Gamble said that Lawyer Sargent obtained the adjournments.

He supposed Lawyer Sargent wanted to make the most he could out of it. "All lawyers, do!" he added.

Counsel: After making this serious allegation against your wife, you expect her to come back to you! What about the motor-car you told people you bought m Christchurch? — I got it on the hire-purchase system.

You have been running a false pretences sort of business? — No, I bought the car.

You have a man going around with you m Christchurch? — I have several men helping me. Which one do you mean?

After consulting the wife, Lawyer Joyce said the man's name was Lewis.

Gamble replied that Lewis was working at his trade m Christchurch and was never working for him. •' Did you give your wife any notice that you were going to Christchurch?— She knew I was going.

Counsel: "I don't think It is worth while wasting time questioning you."

The S.M. did not take long to make up . his mind. He granted Florence a separation on the grounds of failure to maintain and persistent cruelty.

He also gave her custody of the children and ordered Gamble to pay £ 1 per week towards the maintenance of his wife, with 7/6 per week towards the maintenance of each child until they are sixteen years old. As a final jolt, William was ordered to pay three guineas to cover the legal efforts on behalf of Florence.