HOUSE THAT JOE BUILT

NZ Truth, Issue 1193, 11 October 1928, Page 2

HOUSE THA T JOE BUILT

Unsound Basis Causes Marital Edifice To Crash (From "N.Z. Truth's" Special Wellington Representative.) The habits of a lifetime are hard to shatter, and if the foundation upon which we build the edifice of life be insecure, persistent bolstering up will not for long keep the building- from toppling over. .... This has been so m the case of the Kilkollys of Wellington.

JOSEPH KILKOLLY and his Mary have been married thirty-two years and have reared a family of nine, but at last the inequalities of life, and temperament, have brought m their declining days a parting of the ways. Last week m the Wellington Maintenance Court, before Magistrate Salmon, Mary sought the law's sanction to her separation from her spouse. She based the grounds for appeal upon her husband's inability properly to maintain her, his persistent cruelty towards her and their family, and also upon his drinking habits. A tall; thin and faded woman, grey of hair *and care-worn, Mary got what she wanted, but during the course of her application the bench paused to ask her why she had not brought the proceedings before. The tired eyes flickered for a moment upon the bench as Mrs. Kilkolly replied: "I don't know; I should have; I've put up With it long enough." Whatever Joe's faults and failings, Fate has dealt unkindly with him. He cannot write, so his journey through life has been unduly handicapped. Had it been otherwise, there might have been no cause for complaint on the part of his Wife. Eight years ago he suffered serious head injuries, whioh affeoted his brain, and he was warned by the doctor to abstain from alcoholic liquor. If he took it m any quantity, he was told, it would send him mad; but Joe has persisted m having his pot of beer, with the result that his head has suffered — also his family. But let the wife tell her own story. as she related it to the bench under the guidance of Lawyer R. L. A. Cresswell. There, were nine children of the marriage, she said, the eldest thirty and the younger ones under sixteen. Sometimes, during the earlier years of their married life, heir husband had given her sufficient money to maintain the home, but of late years she had been obliged to go to work herself to support the children. In answer to a question from the bench, Mary said she never at any

time knew where her husband worked or what money •he was earning. All this he \ had kept a profound

secret. On various occasions he had been away from home looking for employment. Three trips he had made to Gisborne, the periods of his absence ranging from three to six months. On none of these occasions had he supplied her with any money, and on the last trip she had to send him the necessary cash with which tp return home. Joe, she said, was most regular m his homecoming from work, arriving between 6.80 and 6 p.m., but he was al-. ways m a "dirty" mood, more especially if he had liquor aboard. It was generally m the midst of dishing up dinner, and then dishes, '' knives and forks began to fly. Her husband had a penohant for knocking one of the boys about, and when she went to protect the lad a general melee would ensue, m which the whole family became involved. During the past three or four months this sort of thing had been a frequent occurrence and one night when he returned home from a trip to Pullers' with his brother a terriWe row followed, f Joe had a bottle of beer Bomewhere, but this had disappeared during his absence, so he told his wife. In his rage he attacked her while she was m bed, making her arm black and blue. Such little journeyings into the realms of fisticuffs seemed to become a habit with Joe. One evening he struck the boy, dr lying him into a corner near the gas stove. When she went to protect the child, Kilkolly turned a torrent of abuse loose on her and finished up by striking his daughter. Joe's language to her and the chilr dren was anything but polite, and if specimens which were later handed, m to the bench were correct the very air must have curdled under the withering blast. »■■ dross-examined by Lawyer R. Watter«on, Mrs. Kilkolly admitted that she held a certain small sum of money jointly for herself and her husband. This, she Bald, was from the sale of a house property m which she and her husband were joint owners. Their present home had been bought and the surplus money - ■ banked. Joe olalmed * half- share of this money, but' most of it had been apent on |___ _____ their home. Over the past two weeks, Joe had not given her any money, but before that his contributions towards the family coffer had ranged from 10/---td £2. Yes, she had two boys boarding m th« house for a- week, but they, left because hubby's language was too "hot." Counsel: Your husband has always taken an interest m the home?— He has never taken any interest m the home until this last place, and we have only been there three months. Is it not a fact that you and the girls provoke him ?— No, not unless he starts something; then they protect me. If I ever attempt to correct the children h« tells me to — well, leave them alone. Is it not a fact that you will not let him play with the boys?— No. Referring to a, particular row one Saturday, counsel wanted to know if the trouble didn't start through Mrs. Kilkolly striking her husband on the Head with a teapot. "Witness stated that the teapot did not come into the picture until he had struck one of the boys with his fist. Counsel: Have you not attempted to throw plates at him? — No. Is it not a fact that your daughters'have no tim© for their father? —They have a lot of time for him and flo to the piotures with him, but they certainly do not like him oalling them names. Did not Violet call him names? — No. He used to call her a— — . 'The. bench: Did he call her tliat?— Yes. How old is she ?-^Eigh teen. Counsel (picking up the thread of his cross-examination) ; Isn't it a habit of the whole family to accuse him of being drunk?—- Not unless he Is. Further questioned, Mrs. Kilkolly admitted that while Joseph was absent m Christchurch looking for work she lived m a shed at the back of the house. She had the three small boys with, her then. She did this to help pay for the house, which she rented. Joe had taken immediate steps to get her back into the place .as soon as he returned from the south. ' ; Witness raised a smile when questioned as to Joseph's varying state of drunkenness. . Counsel: He Is seldom too drunk to]

When Forks Flew

The Teapot Dome

walk? — He is "nasty drunk." I should call it "half and half." He came home full about three weeks ago. I don't mind him coming home like that. It's peace and quiet. A rather attractive and neatlydressed girl.TDUt with a look of smouldering distrust m her . eyes when she glanced across at her father, Violet gave her evidence from the witnessbox m a straightforward manner. In commencing the tri-weekly family fracas, Violet said her father's modus operandi was always the same. As soon as he came m the door he would start striking the boys and would then go for her mother. Lawyer Cresswell: Has he ever attacked you?— Yes. He goes through the house looking for me to start an argument with. He has made a habit of it when m drink. Referring to Kilkolly's weekly pay envelope, Violet said her father sometimes gave her the money instead^ of her mother. It usually amounted from £1 to 35/-. Cross-examined, Violet told Lawyer Watterson she was down m Christchurch about the same time as her father was, some 12 months ago. She was living with her married sister. Counsel: You did not speak to your father on that occasion? — I was sleeping with my sister, who was sick. Father came to the door and kicked up a fuss because I did not kiss him. It was as much his place to come and kiss me as it was my place to run to him. Counsel: Did you not hit him over the head with a teapot recently?— Yes, to protect myself and mother. Did you not use "language" to him? — No, but he called us all names. Did you not provoke him to hit you on the nose? — No. . ■ Violet said she could always tell when her father had taken drink. One did not have to kiss him to find out his breath smelled of liquor. Counsel: Your father never started these rows? — He kept abusing us until he got an answer from one of/ us, and then he^ would be ready to strike. i In answer to the bench, Violet wrote

down on a piece of paper some of the "language" complained of, and handed it up to Magistrate Salmon. The bench (perus-

ing the paper) : Did he use any of this to you personally? — Yes. Another daughter and also a nextdoor neighbor both testified to Joe's bad habit of turning the home into a regular bear garden. Joseph Kilkolly, completely bald on top, stepped into the box and refuted the major portion of his wife's tale of cruelty. With his hands resting on the edge of the box, his story was told m a lifeless voice as if the .outcome of the whole proceedings was of no moment to him. He was only a laborer, he said, and earned 16/- a day, when the weather permitted. The week prior to the proceedings he gave his wife no money at all, because there was ho food m the hbuse. He generally had to get his own. So far as his alleged drinking habits were concerned, he said, m. effect, that it was all bosh. He might have a couple of drinks on a Friday night and sometimes on a Saturday, but never any more. To hlB counsel, Joe admitted the head injury he received some years ago. The doctor had 1 warned him to keep away from drink. Counsel: What effect did he say it would have on you? — I would go mad. My head would start to jump if I had too much. The last two years I have been frightened to drink at all. Did you swear at your wife and family?— Yes, but not over the odds. I'm no better than the next man, but I'll back my wife against anyone m New Zealand for swearing. Has your wife ever thrown plates and knives at you? — Yes. What for?— lf I ever talked to the girls or boys she would start. Concerning a recent Saturday night disturbance, Joe said he spoke to one of the boys, who told him to '.'go to — ." His' son-in-law was m the house at the time and also tried to bounce him. "Once the missus had a carvingknife m her hand. They were all round me. I had to hold me head," added Joe, demonstrating how he held on to his top piece. "I opened me shirt and told her to stick it m, but she dropped the knife." Kilkolly further enlightened his ■ ' ' counsel by the statement that "I only swear at the girls when they go for me." Under the crossexam in a tion of Lawyer Cress well, Joe was very vague about the number of drinks he had during the course of the week, but he admitted that too much affected him; "hurt me. Perhaps one glass of beer would knock me over. If I had two whiskies I would fall down."

One of Joe's co-workers with the pick and. shovel said the defendant was a model of sobriety. He had never seen him drunk op known him to lose even half a day's work through any fault of his own. Briefly summing up the case, Magistrate Salmon said it was obvious that defendant suffered from a serious disability. He had been warned by the doctor to keep away from liquor. "I gather that he works well during the day, but frequently is m a state of intoxication when he arrives home. Very little liquor would upset him. There is no doubt he is frequently under the Influence at night. "If half the complainant's story were true she would be entitled to a separation, "but I see no reason to doubt the whole of it." Defendant had used filthy language towards the family,! added his worship. He granted Mrs. Kilkolly's request for separation, and gave her custody of the two children under 16. "With regard 1 to maintenance," said the bench, : "complainant would be as well off with 25/- a Week without his presence as she would be with it." Kilkolly was not m a position to pay more and, moreover, must keep himself. An application for the issue of a prohibition order against her husband which Mrs. Kilkolly also brought forward was granted, the bench remarking that m defendant's own interests it should be issued. With only moderate drinking, Kilkolly Was liable to sustain serious injury.