The LAW and the LADIES
(Fi-om "N.Z. Truth's" Special Dunedin Representative.) ' A story of stoush, this. On our left, Edward James Whitaker, 6st. 1 2 lbs. On our right, Lilian Mary Whitaker, with an advantage m height and weight. THE number of rounds m the legal [swallow and there was a slight swell ring was problematical, but the ing and tenderness on ,the side of th< domestic heavyweight title was at neck. S Referee Bundle. S.M., gave a points 0 *"?s** .•"•'■."fl , decision m favor of Jim Whitaker. ? nd '' w ° u,d f/. p " B,b ' c for * he m * jury to be self-inflicted. thSiVh? Llßtan^ln^to 'SH"*™ Lucy Ethel McNell Practically cornoinSr roborated the story of her sister. She admitted that she took up th« The domestic affairs of Edward role of defender of the faith, as sh< James Whitaker, linotypist, of Dun- objected to her sister being a victirr cdin, and his wife, Lilian May, have to the bullying of a tyrannical husadmittedly had a good airing m the band. Dunedin Police Court of late, but m She denied that she had plannedsuccessive actions against him for or even discussed — any arrangement separation and maintenance, also for with her sister whereby she would be assault, Edward James has had his justified m leaving Whitaker. number hoisted, his wife's story on Counsel: You are separated from each occasion failing to impress Magis- your husband, I believe? — Yeß, he is In trate Bundle. the Borstal. I left him several times, The parties were before the court but went back to him. three weeks ago, when the wife failed Why did you attempt to attack to substantiate a charge of habitual "Whitaker m the passage-way 'of the drunkenness on which she based her court? — I never attempted to hit him; claim for separation and maintenance, it was another sister. The action for assault, which fol- Whitaker never lifted his hand to lowed, was said to have been the your sister m their fourteen years of sequel to the former case, the wife al- married life. Why should she be leging that Whitaker had attacked her afraid of him now?— She was afraid of at their home m Anderson's Bay Road him, anyhow. on the night of the case, "threatening Constable Watt was called to give to do for her, the sister and her son." evidence on behalf of Mrs. Whitaker. Wnitaker, on the other . hand, de- He stated that Whitaker had 'phoned flared that his wife ancl her sister had the police station and had later called staged a "frame-up," which would declaring that he wanted a woman re-b_.-_n£ about a state of affairs to justify moved from his house, her m leaving him, and with his ver- 'u___.u_.i_. _. t_i m _. ■ sion Magistrate Bundle was rather m- Me t ? ld , th . c . ""stable that he (Mined to agree. - was not afraid of the women, so __.', was advised to go home and keep To appreciate the story of the quiet. wife, one ; must know something of . tt„ u„* i... -_..• i . __ _. . the physical proportions 'of the H^ u d b<J6n dlinkin »' but was not contesting parties m the legal ring! a a ny ™ cans - ,_,,„' __,, A call was then received from Mrs. Whitaker, a chronic diabetic, stands McNeil, who said that she and her sisabout- sft. sin. and could go to scale ter wanted protection from Whitaker bolow the existing minimum as pro- While witness and Sergeant Mcvided for by the Racing Conference, Entee were at the house, Mrs Counsel W. Hay • Whitaker said she giving his weight had beeh assaulted as 6st. 121 b. fj. „ __, _ an( j showed them His wife is a / hf» hlTKl' rxni'inn her throat, well - proportioned *n\Z 1 Utl IWUIIU , Mng evidenc „ young woman, . ■ _ iri rebuttal of his standing about five ~ — — wife's story, whleh incnes taller than her husband, while he described as a "frame-up," Whither sister is even more generously aker declared that on the day proportioned. of the separation case, while Lilian told the magistrate that on he was leaving, the court-room to go ■ the day of her unsuccessful action for to lunch, Mrs. McNeil drew her hand> separation from her husband, she back to strike him: visited her sick mother. ..''..-■■. v H6 wa4 » 6ttly from th© blow She had an idea that Edward James by his mother stepping In between , might be a trifle recalcitrant — or, at them, -least, a bit elated over the result of the \*/u:_. i r i __ __. case-so she took her sister home with „ JTO" ker I . V. 0 ?J o on, n °, f the c °J! * her that night, believing firmly that ** r ? a uJ^'lVV^ p, * Cc or \._. hl ? there was safety m numbers m matters ?r r,v .' home »* 10 '!»•»»• was that of such serious import. his wife came from the bedroom In .; a male witness for Lilian m her n '9 ht att,re and Mid: "I sup. !pr application for separation, de- t° S r l^ 0U are sur P rißed to ••• me scribed throughout the proceedings as - a. friend of Mrs. Whitaker's family, ac- He replied: "No, you can" carry on cbmpanied the wopien part of the way as we did before." home. Mrs. McNeil, however, -was iri belliLilian and her sister were dis- ' S^Whl??!^^ robing when Whitaker arrived JLKiIS™? 8 nim f ° r COn " ; home and somehow her feminine n %\^ *ff* de ?l h h A he ™* c'e ' , m , n o_ :_.«,«.!►..... '+«v i ;i;-- *u,+ *i.__ _+ »ne. tnen rushed me, womaft;l nst.nct i .4.old L.l.an that the at- ftlshlon „ s^ a witness, "with her mosphere was. becom.ng v a bit., hands out and tried to claW me." ' ense \ Whitaker, with the prospects of "Who .von the case?" Teddy was al- being dethroned ■■ m his own castle, leged to have hurled at his -spouse fought a rearguard action down the with sneering, biting sarcasm, as he passage firyi but to the gate. - stood on the threshold of the bedroom. He' then called the police On the "I might have won if I told as many telephone, but ; weis told that they could lies as you did," -was Lilian's cutting not advise him. rbjoiiidef. > When he returned to the house, he "I might have told the truth if went to thte door of his wife's bedMeade had not , come into the case," room, when both . she and her sister Yeddy was alleged to have replied. ' sprang like panthers from the bed and But Lucy Ethel McNeil, Lilian's sis- met him defiantly at the door, ter, could not resist the temptation of "When my wife got m the doorway, having 1 her little say m the family dis- I put my hands on her shoulders to cussion and told. Whitaker that if he stop her sister from getting out and " h;.d told the truth as Meade had done, attacking me," was Whitaker's verthe case would have ended differently, sion of the combat. A. man can stand some things, but As both -were coming on at him, he interference m, his own home by his retreated to the front door and out on wife's relations was apparently no good to the road. ', to Teddy, .who outlined to his sister- His wife ran m next door to Mrs. in-law thq track to the door. Waugh's, while Mrs. McNeil, making She was> there, however, for the ex- the best of the situation, stood at the press purpose of protecting her sister, front door calling for help. When she refused to go, Whitaker What she required help for, witness informed her that he wias going to get could, not say. the police to remove her as a tres- "i then went to bed," Whitaker passer." continued, "and shortly after I .. "I then got out of bed to shut the heard Mrs. McNeil talking to door," said Lilian, "and he grabbed me someone at the front door and by the throat with . .. ..:■-. '• telling them all the both harids.and said , untruths imaginhe would choke me __ _ _. y* able, and would do for X/afrjjpf t) n /-7)/Wc "It was the pothe three of us, , V trUILL \Jll I UlTllb Hc(!> and they £ p _ meaning me, my '" '' ' ' -■' ■ ' parently believed sister, and my little — ~ — : my wife's story and boy." She had then lapsed into a sort ( were sympathizing with her." of imconscipusness. - .',; Answering; questions by .Lawyer Thing!? were as walrm as could be, feayiee; WhltaWer test id he regarded so, m her flimsy night attire, she bolted Meade as a. friend of his wife's family for the protection of the next-door and 'thought nothing further of his neighbor. ' friendship with Mrs. Whitaker. But Whitaker was not going to let He did not suggest or believe that her pitch her story to the neighbor, his wife had been unfaithful. Mrs. Waugh, and told her that some- Whitaker's physical proportions and body had hit him with a log of wood. his apparent inability to carry out any This was. a myth, according to belligerent threats he might have Lilian, for no wood could be found made, impressed Magistrate Bundle, about the place. ... M -i w sa j<i lt was nioZ . e likely that Shortly afterwards, M.S.. Waugh Whitaker's story was the correct one came back Into the house with her' and The s t or y of Mrs. ; Whitaker and her helped her draw on her stockings. sister did not ring true and he thereThe police arrived on the scone "... fo "' e aismissed the information. a kittle later m response to a call The bencn suggested that as absence *. from Mrs. McNeil, who was ap- makes the heart grow .fonder',.., Lilian parently. not going to take any might take a rest away from her huscbances vvith her paperweight bfind for -; Bhort period and then see brother *in -aw. >.■'■■■ i„ ___■■■__,___. _. a. _i _i . if they could not- come together. . Under cross-examination by Lawyer . / Hay,' witness said she was; not. annoy- . ' : . ' ■' .rfT! ',■..'•-■ ed at losing the case. She went nome T ; , ,y «'*.,-■. ','.. / to live quite peaceably again. I- have, no fear of fate. , - Your sister is separated from her I fear no frowning foe, husband, I believe'— Yes, but she is m l V old . no soul m.nate, Dunedin for a Wday. . ,^ffiS' Were yoti m the court passage due- mi n strivlrtg to assure ing the luncheon adjournment on the That coughing sufferers will day of your separation case, when Take Woods' Great Peppermint Cure.* your sister attacked Whitaker?— No, but I heard about it. Is it not a ' fact that you and 3'our sister attacked yoiir husband m the kitchen and tried to give hini a thrashing?—l don't know whether we could have ; handled him if we wanted to.. Was not all this alleged assault staged by you and your sister so that you could get one back on him?— No. Your sister is a Very experienced lady. Didn't she tell you how to treat him? — No, I know how to treat my husband. . Further, witness stated that she and her sister , did not interfere 'with her throat, to "make it look bad." Her sister did not tell Whitaker that Meade would give him tho biggest hiding he, ever had m his life. Counsel: Was she not a convenient witness as to what would, take place? — X never expected anything to take place. Whatever the. outcome of the incident, Lilian gave her husband no further opportunity of pestering her. .With her sister and son, she left the. house and spent the night with another sister/who lives m Dunedin. The extent of Lilian's injuries was outlined' by Dr. Kenneth Ross, who stated that /_ the following day Mrs. Whitaker, called on him at 3 p.m. Her throat was sore, she could not
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NZ Truth, Issue 1177, 21 June 1928, Page 10
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1,944The LAW and the LADIES NZ Truth, Issue 1177, 21 June 1928, Page 10
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