Young Wife Cites Mother as Core In amazing Divorce Sut

NZ Truth, Issue 1185, 16 August 1928, Page 7

Young Wife Cites Mother as Core In amazing Divorce Sut

BROWBEATEN INTO SIGNING SPURIOUS CONFESSION

Jury Thwarts Extraordinary Attempt To Establish Immoral Conduct Between Elderly Woman and Her Daughter's Husband

MAY MARTIN CRAVED MAIM, MOTOR-CARS AND A SOFT TIME

(From "N.Z. Truth's" Special Winston .Representative.)

AT the time the parties met, they were both working at Lake Coleridge, but when they came to Christchurch Martin boarded with the people of his wife-to-be. On October 9, 1923, they were married at St. Peter's, Riccarton, at the age of 22. It would be as well, perhaps, to relate the story as it was told to the court by Mrs. Martin: Some, time before their marriage Martin suffered an illness which necessitated his removal to the Christchurch public hospital and on his departure from that institution he returned to the home of Mr. and Mrs. Work, because he had nowhere else to go. Mrs. Work nursed him during his convalescent perrod and often remained with him throughout the day, whilst her husband was at work. ( After the two were married, they went to reside at 190, Selwyn Road, Spreydon, where they lived right up to the day of their separation In April of this year. There were two children of the mai - riage — a boy born on September 7, 1924, and a girl born on April 6, 1926. Shortly before the second child was born, the "Work family went to live at Maxwell, a small township situated a few miles north of Wanganui. It was not until December of last year that Mrs. Martin went on a holiday to her mother's home there. The Other Woman Her original intention had been to stay only two weeks, but by the time she returned to Christchurch nearly three months had slipped by. As time went on and the holiday became extended, . her husband's letters grew cooler and came with longer periods between, until at length she chided him with the spasmodic aloofness of his . correspondence, to which he wrote m reply:. "It's all right; 1 haven't been run over by a traction engine or anything of that sort." She returned to her own home on March 16 and was amazed to observe the hopeless condition of the garden, whilst the house looked as though it had not been habited for months. Her husband had not saved any money whilst she was away, nor could he spare her any. When she asked the reason for his coolness, he seemed m a violent hurry to return to work. A few days later, they quarrelled over some trifling subject and m the end he said: "You must have found someone else." She replied, m a joking spirit: "I have." The following day, while she was listening to the wireless broadcasting programme, he made her sit on his knee and then confessed that he had another woman, with whom he had beejn guilty of improper conduct. "When?" she asked, to which he re* plied: "Since we were married." "Where?" she queried. "In this house— on this chair." He is then supposed to have told her that his illicit adventure had occurred on the very day when she returned from the nursing home, after' the boy had been born. He refused to disclose the name of .the other^ woman, however, until her •inmiliiimiiiHimiiimiiiiiii iiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiirmiiiiiiiiiiiimimimiiiiiiiiin

// would be difficult to imagine a more wicked and contemptible action than the citation of one's own mother as co-respondent, knowing full well that she were innocent. Ye% because Mary Isabella Martin was seemingly dissatisfied with her baker-husband's small wage, she compounded with him a fearful string of perfidy against the woman who was her greatest friend. Her petition fa m the Wellington Supreme Court was curtly dismissed by the jury, who thus stigmatized her as a woman who would baulk °t nothing, if her ends were suited. She craved maids and automobiles, but achieved gall and wormwood, instead.

concentrated questioning at length wore down his original resolve. Whilst they were m bed that night, he told her who the other woman was. "I suppose I may as well tell you— it Is your own mother," he declared, simply. She was astounded/ In her own words, she said, she "got a terrible shock." For the next fortnight they lived a joint life of furious argument, until she voiced her resolve to leave him. Finally, she asked him to sign a letter which she drafted, but it was only after protracted onslaughts of her more forceful character over his that at last he gave way to her suggestion that he should make an admission of his guilt. He did not, however, name the other woman, but simply signed his name to a statement of admission, m which he agreed to permit his wife to have the custody of their children. They parted on April 14. Between that time and the previous date of the wife's arrival home from Maxwell, they had slept together, but their relationships as man and wife had not been consummated, declared Mrs. Martin. A few days after she left home she wrote a letter, headed: "C/o G.P.0., Christchurch," to her mother, and a more extraordinary epistle could not be imagined. ' ' She did not ask her mother whether the terrible allegations were m any way justified, the significance of which did not escape the alert observation of Counsel "Archie" Tr'eadwell, who had been briefed by the respondent. "Dear mother," it commenced. "I know this will.be an ' eye-opener, as Astounding Letter well as a shock r tt> : you, to hear that Bert and I have parted. "I have taken Joy and lan with me. Bert has told me everything. . . and all that happened before we were married; also while I was m the home giving birth to lan. "I quite -understand 'now 'why I have been treated so unkindly by you and all the things which were said about me. ""Y/ou were the last person m this world whom I thought would wreck our lives, but now it has all come about I am very pleased to be free again. "I hope you will never enter my life again. "You are my mother, I know,- but no mother, if she were a lady, would act the same as you did to cause any unhappiness m one's life. "Every girl usually looks to her mother for advice, but now I know 1 never want you to enter my life again, nor mention my name. "If you do, I shall make things very hot for you. I am master of the situation now, and if I ever hear of — or see — any dirty work going on, I will play the trump card immediately. "I have Bert squashed. He is not the quiet, innocent boy you all think he is. "He has admitted things to me which have happened at different times. I could never' have believed It of him, had he not admitted it to me. "Can you explain, or think for yourself, why a girl of my standing should have been treated like this? "I know m my heart I have always led a clean life for others who didn't deserve it. "I Jim now where I am being treated with respect and kindness . . . and 1 never want to see you or Bert again. "So good-bye for ever, your daughter, May." Luxurious Tastes Counsel Treadwell: Why didn't you write to your mother, asking her whether it was true that she had been guilty of immoral conduct with your husband? — Because I, didn't think any man would accuse one's mother of such a thing, without good reason. If that is so, why did you write your mother, saying: "He is not the innocent man you think he is," if you believed she had been carrying on m this way? —(A mumbled reply). During the time you were at Maxwell, did your parents go away on a holiday ?— Yes. How long were they away? — About a fortnight. During that time did anybody come to live m the house? — Yes, my mother asked a young man to come and live there. What was his name? — I don't wish to give the name. Well, I suggest it was a man named trwln? — Yes (confusedly). . Now, when you left the house of your parents, how soon after did Mr. Irwin leave and come to Wellington? — I don't know. When last did you see Irwin?— When I left Maxwell. I must remind you that you are on your oath and that If you are not very careful you may be charged with perjury. — When I left Maxwell. Where are you living now?— At Petone, Jackson Street. A boarding-house? — Yes. Who was looking after you with "tenderness and kindness"? — The lady with, whom I am living, Mrs. Reid. Irwin is employed m the railway, isn't he? — Tea. .; You know he is m Petone, now? — Yes. i ' And you swear you haven't seen him since you left Maxwell, Mrs. Martin! Is he not staying m the same house as i ■ i , ■ ■•■ . ■■ ■ ■ •■■■•'

you .are? — He is boarding there, yes. I thought so! Now, m this direct little way of mine, I am going to ask you about the conversations you had, with your husband.' You said your husband had been spending a lot of money. Do you know your own bills put him £30 m ; debt? — I don't know how much. • You know it wasn't his own debts, but your own, you had to complain about? — (No answer.) Do you remember telling your husband you had met someone you liked better than him? — No. Did you tell your

Did you ask Mr. and Mrs. Work to go away on a little holiday?— No. Well, if both of them swear that what you say isn't true, what do you say? — (No response.) If your mother swears that you implored her to go away for a holiday? *— I didn't implore her. If she ' swears that, then she Is lying, eh? — Yes; I simply asked 'her; And If she Bays you asked permission for Irwin to stay m the house while they were away?— l did not ask her. When you left your husband, after he had broken your

husband you had HE BITTERLY ATTACKED the m did he go to met a better man credible story told by Mrs. Martin see you off?— Yes. than him and that m her petition for divorce — Lawyer Well, it seems you were going to "Archie" Treadwell. all part of a be cared for by a disgraceful scheme man who had more money than him? of collusion between you — you —No. and my client. Did you write him That he would h« able to aat you a letter, your husband who was guilty Pure imagination, then, if your hus- and had a good trip.— May." ?— * -Yes. band swears that?— (Silence). Is that the letter of a woman who And that you were going to leave has-been wronged by her husband? — your husband for this man? — Hesita- Yes. " ■ tion, then: No. Or is it m terms- of a little arrangaYou seem. a. little doubtful, Mrs. ment which you came to between yourMartin. Is It true or not?— No, it isn't, selves, so that you could divorce him? It was your suggestion, wasn ? t it, —No.

Mrs. Martin, that your husband's admission should include the name of your mother? — Yes. Your mother, who had brought ; you up; it; was against her that you wished to bring this terrible accusation? — Yes. And you didn't even write and tell her that she was the woman about whomßert had said this horrible thing? —No.- ■ .:'■.•.'■ Never a word?- I—No.'1 — No.' And yet you got that document signed-— practically forced your husband to sign it — then flitted away to Petone, where Irwin was? — (No response.) What was the date on which you were 'first supposed to have heard of your husband's misconduct, with Mrs. Work? — On March 24.' . And you tried, to. wheedle it out ■ of him whilst you were m bed together?— Yes. • How many nights; for. about a fortnight?—No, the first night. - Now, he said you must have someone else, didn't he? — Yes. And , you admitted it "m a joking way." You include a keen sense of: humor, among your other attributes, Mrs. Mai'tiri! Did you mention who it was? — No. . ' ",'.'.'■' v. .. . He wasn't joking, I suppose; he was m deadly earnest?— (Silence.) Wasn't he?— Yes. I put it to you. that when you told him there, was another 'man, to whom you were going because he could give you more money, that it was not a joke at all?HJt was. : • Didn't he, ask you to . stay with the children, for .their, sake's, and' leave th« other' man?- I—Yes.'1 — Yes.' ' ' -

That is a matter -which, I think, the jury will decide for themselves! Now, you have been living under the same roof as Irwin since you left your husband?: — Yes. , By the way! What is Irwin's Christian name? — Dick. What, is the' other?— l don't know. Is.it Eric?— No, How dovy°u know?— Because his initials are "R.1." _ Did- you ever tell, your husband the man you, loved better than him was named' Eric?—^Yes.; . -' > In order to' conceal the identity ol the, elusive Mr. Jrwin? — No-o (uncertainly). :■•'. , ' Why, then?— Just to bluff him. "Yes, and' you hope to bluff the jury m the same sweet way ! " . .. Lawyer Howie, of Wanganui (who acted' on behalf of Mrs. Work) : You were, ill last year when you ' went to stay with your people? — Yes. You were always delicate as a child and were treated with especial care by your mother?— -Yes. : .What did you mean by the "trump card" m your letter to her? "If you do,- I, will make things hot for you"?— I meant I would tell her what my husband, said. . , That was what you considered a trump?— Yes. Counsel Tr.eadwell : "The joker! That is her trump card! " (Laughter.) Lawyer Howie: And then you cheerfully go' on by saying: "I am glad to be free again"? — Yes. Why.?— ( Silence.) Who pays your board? — I do. Who : e lyes you the ■ money ?— I have ,

been working for it. I do sewing and knitting. But when you first went to Petone, you don't mean to tell the court that you immediately found somebody to buy your work? — I had some money of my own, from the furniture which my husband said I could sell. Your husband's version of your coming back from the holiday was that you wanted to be free to get a divorce and that you wanted him to supply you with evidence? — Nothing of the kind. Your only knowledge of misconduct between your husband and your mother is that which he told you? — Yes. . Tf your mother told you, and could prove to you, that she was innocent, would you go back to your husband?— No. Because you are happy where you now are? Is that the point? — (No reply.) Did you write this letter: "Dear Bert, this note will let you know that your two little kiddies are very well and happy. ..." "I ask you this question, Bert: Will you send a weekly allowance of fifteen shilling's for lan? I trust this finds you well. Enclosed find Joy's and lans fondest love to their daddy. — Yours s.incerel3 r , May"? — Yes. When the petitioner left the witnessbox, Lawyer Treadwell rose to his feet and asked that the petition be dismissed, as there was no affirmative evidence of misconduct. There was clearly a process of collusion between husband and wife; even if impropriety had occurred, Mrs. Martin condoned it. The judge interrupted counsel by suggesting that there might be some evidence of misconduct, but Lawyer Foolish Husband Treadwell reminded his honor that Mrs. Martin admitted having almost forced her husband to sign «the confession, for the purpose of securing a divorce. His honor.: "T>o you say your client is a partner m this collusion?" m Counsel: "I d.o, sir. He behaved m an extraordinarily foolish manner, while she admitted sleeping with him for three weeks after he is supposed to have told her of this incident." The judge: "I think this should go to the jury, Mr. Treadwell." Whereupon, William Herbert Martin, a young man of moderately good looks which were somewhat offset by a weak mouth, rose from his seat and walked over to the witness-stand. He commenced a somewhat remarkable testimony by recalling his wife's home-coming from her holiday at Maxwell, when he observed but a chill remnant of her one-time ardor for him. She told him she was going to have a good time m future, but he reminded her that "good times" were impossible dreams without money. His wages as a baker m Christchurch were still only £4/15/- weekly and he told her they could not expect a very high time on that, particularly as he had a list of her debts to meet. "Oh, I'm not worrying about debts," she replied, and then went on to tell him of a man she preferred to him. When he asked the natural question as to the other man's identity, she refrained from enlightening him, except to say that "Number two" had known her before she was married. She said he had plenty of money and some day she would be able to .keep maids . . . and would not have to work at all. In his surprisingly matter-of-fact way, Martin blandly asked her if she were going to leave him. Wife's Dictation . When she replied m the affirmative he decided to let her go as he did not wish to keep her tied clown and could not see how he would be able to keep maids on £4/15/- a week. She was afraid that he would institute divorce proceedings and sue this other man for damages. As this would seriously affect herself and the children, she pleaded with him to supply her with some evidence which would enable her to secure a divorce from him. . . The other man would pay her costs, she told him. Martin said he didn't know what to give her. m the way of evidence which would bring; about the desired end, so she wrote her male friend, who knew a solicitor somewhere, for a few hints on the subject. Counsel Ham (for petitioner): "I am not the solicitor concerned!" Lawyer Treadwell: "I don't think that for a moment, nor do I believe this story." • • Some days later, continued Martin, his wife brought him a slip of paper which she asked him to sign, threatening to commit suicide if he failed to accede to her wishes m this respect. The wife, a somewhat hard-featured slip of a woman, smiled somewhat grimly as her . husband . said this. Hk signed the letter. His counsel then asked him if the allegations against his wife's mother were true. Martin had to admit that they' were not. He denied telling his wife that Mrs. Work was ever guilty of such an act. . ■ . ■ r Neither had his wife ever asked him to place her mother's name m the confession of misconduct. Lawyer Howie (for Mrs. Work) : You made that admission for the purpose of securing a divorce? — Yes. Did she dictate that letter to you? — Yes. " ■•.•'.

Then the sentiments m that let--ter were not yours, but your wife's?— -Yes. You had no idea that Mrs. Work would be brought into the case?— No. Do you know this man, Irwin? — No. Is it correct to say that your small wages caused your wife to drift away from you?— Yes.. Lawyer Ham: You ask the Jury to believe that, this story of your wife's is a "put-up job"? — Yes. But you were a party to it? — Yes. Now, who first suggested, the Idea?— My wife. Was it suggested that any person's name should be involved as corespondent? — No. Your mother-in-law's name wasn't mentioned m any way? — No. Lawyer Howie then apprised the jury of the fact that Mrs.. Work had made her appearance m court solely for the purpose of clearing her name. Rose Work, a motherly, quletlydrossed woman, obviously distressed at the perfidy of her own daughter, made a simple denial of the accusations levelled against her character. She described the combined stories of the Martins as nothing less than a carefully-made-up series of lies, a contention which was strongly upheld by her husband, a well-proportioned, rugged, railway ganger of honest countenance, who briefly refuted the suggestions against the honor of his wife. Judge. MaoGregor then informed Lawyer Howie that there was no Cruet Aspersions { need for him to address the jury, as there was not the slightest evidence against his client, Mrs. Work. . .■ Lawyer Trea dwell observed that this case was one . of the most remarkable divorce actions which 'had been heard m New Zealand for a considerable time. It was pathetic to see a young family broken up m this way and he thought his client was utterly wrong m helping his' wife to secure a divorce m his simple, stupid way. There never was such a string of patent .falsehoods than those ; whlch fell from the lips of Mrs. Martin as she related the supposed conversations and incidents between herself and her husband. ■ The only reason why Mrs. Martin had not wished to toil her husband the name of the man, Irwin', was that she wanted to marry him. Counsel asked the -jury to believe that as Mrs. Martin and Irwin we're living under immoral circumstances at Maxwell, so were they living at Petone, where Irwin was employed as a* porter. His honor's review of the case and its major points did not occupy many minutes, but they were particularly searching. . The woman's extraordinary allegation against her own mother was difficult for any man to believe, he said, and it appeared to him that there was not. the slightest evidence against Mrs. Work. He^ considered that Lawyer Howie had exercised wise discretion m placing her m the box, to clear her character, so cruelly assailed. The jury were absent 4 not more than five minutes. When the foreman had announced their decision, the judge intimated that Mrs. Martin's petition was dismissed. mi