HUSBAND AND WIFE WERE STRANGERS!

NZ Truth, Issue 1187, 30 August 1928, Page 5

HUSBAND AND WIFE WERE STRANGERS!

Wealthy Poverty Bay Sheep farmer's Marital Dilemma After Twenty-five Years 9 Freedom COURT AWAITING WOMAN'S" RETURN FROM HEALTH TRIP v ' (From "N.Z. Truth's" Gisborne Representative.) The average man who takes unto himself a wife he has promised to love and cherish, naturally expects j that an important fart of the bargain is that he should endow her with a fair portion of his wordly goods for the rest of her life. It is quite true, of course, that many a man forgets this part ofthe contract until such time as his memory isi jogged m one way or another. '

». —. .—: —__—_—: : _;. FOR a man to .be allowed to forget his wife for a quarter of a century, however and' then to have her drop a veritable bombshell into his domestic fold, makes the circumstances a little removed .from the commonplace • • '■ , And then after 25 years' freedom from the matrihionikl leash", to be ordered to pay a fiver a week to a woman who had become almost a total stranger to;him; must hay* been a little annoying, to say the least of it. Add to thi* the fact that m the lone rsJHß^sii e£ S£S n *««BaLoBaLo _.. ■. '. r ' V •*• rT. h u '%5 he v"f f rtuna*e Position of John Edmund Brosnahan. ; '■ 3g It is now nearly three years since the ;•'somewhat remarkable story of Brosnahan's domestic affairs was narrated ln "N.Z. Truth." A well-known sheep-farmer of the Poverty Bay district, it was .not until his wife brought proceedings against him that the public, knew the woman with whom he lived was not his lawJul wife. And that is not surprising. t^^^BtooSK 5? U £2 aaweS^ f!ft"better or-as it h,rnPfln,rt-^orworse £ 1902 they' were living 'm Austrak Ha -Brosnahan sailed for South Africa Although it Vas at first intended that

Husband s Capital

3— ■ — : — ' - ' . C Lily should join him later, he dissuaded her from this course. They have-not lived together since. Four years later, Lily touched John on the shoulder m the streets of Sydney and they renewed acquaintance. It could- not have been a pleasant meeting, however, for Lily's terms were £200 or your freedom. . John compromised with £100 and stepped across the Tasman to New Zealand. Since then, a lot of water has flowed under the bridges — and not a little £.s.d. into John's* bank account. ; Although he was practically penniless when he' left his. wife — and little better off.- when he came to New Zea■land — he is ' now quite comfortamy: situated. ; His wife estimated his capital at £50,000;" John placed it at ,£13,000 arid estimated his net incpme at £750. Under- the circumstances, it was not surprising- that when ,Lily went for judicial separation she was awarded maintenance at. the rate of £5 a week. For. two and a-iialf years John kept up his payments, but— finding his income' depleted by various misfortunes —he decided to seek. a motion rescinding the order. At the same time, certain things having come to his ears, he decided to proceed against his. wife, alleging wilful misrepresentation at the time the order was made.

> ; — -< Writs m this connection have already been served. Lily, however, was just as capable of serving writs — and the result, was that at the Gisborne Supreme Court last, week, Mr. Justice MacGregor listened to her .application for an order attaching certain of, John's assejts. ?! Lawyer Len. Burnard, who had the privilege of seconding Lily's motion, briefly outlined the facts, whereafter Lawyer Coleman had the opportunity of speaking m opposition. Brosnahan's chief trouble, he said, was that a property had copie back on his hands with interest £4000 m arrears. The result was that he had to make, demands upon his capital and to receive the assistance of friends to carry on. It was true, of course, that the position of farmers had much improved, but Brosnahan ' could not expect immediate benefit. On the other handr he maintained that there would be ample evidence to warrant the suspension of the payments. When the matter was before the court, Lily had averred that she, was dependent upon the goodwill of her brother for support. His Honor: "Would^she be penniless without this' £s" a week?" Lawyer - Coleman answered with a decided negative. The wife, he said,

3 : -. ; owned a section m the Blue Mountains, 200 shares m an iron foundry and two sets of flats, one of which she occupied herself and the remaining: eight of which she let at from 37/6 to £2 a a week. - . It was not, however, because of these recent discoveries that Brosnahan had ceased his payments, but because of his financial position. Lawyer Burnard, however, understood that Lily was dependent upon the £5 a. week and that the matter was urgent." Lawyer Coleman: "But the lady has just gone to Vancouver for a trip for the benefit of her health!" This, ' opposing counsel explained, was to consult her. brother, who was a specialist, and who was going to treat her free of charge. His honor considered that the returntrip from Vancouver would give Lily an excellent opportunity of -breaking the journey and visiting Gisborne, so that the court might have the benefit of her personal appearance m connection with all three applications. „ So once again Lily is to have the somewhat rare opportunity of meeting her lawfully;wedded husband. .* Anyhow, the affidavits convinced Mr Justice MacGregor , that there was no urgent need for Brosnahan's property to be attached and he. adjourned the whole question for investigation at the next session.