"WIFE, OR PIECE OF FURNITURE"

NZ Truth, Issue 1211, 14 February 1929, Page 5

"WIFE, OR PIECE OF FURNITURE"

Counsel's Scathing Examination of Train Examiner Who Paid £1 5 to Keep Other Woman's Name Glean WHITEN DID NOT WISH TO BLACKEN, BUT OH! THOSE LETTERS!

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

Though he could find money with which to shield the character of another woman, now his housekeeper, Sydney Frank Whiten, a train examiner, of Christchurch, claimed that he was unable to pay his wife sufficient with which to maintain herself and her three sons. But the court decreed m favor of the wife, and the Whitens now find themselves m the unusual if not unique position of having had drawn up between them a third separation order to act as a buffer for their matrimonial differences.

SATISFIED that he could no longer live with his wife, Whiten chose ■ the expensive habit of maintaining two homes, and his association with the one m which he at present resides; cost him a gruelling- half-hour at the hands of his wife's solicitor when he went to court to oppose her application for separation and more maintenance. Whiten and his wife were married m England, and later came to live m Huxley Street, Sydenham. With a permanent position as train examiner m the Railway Department, supplemented by the proceeds of a garden and tomato house, Whiten was able to have a very comfortable home. . Everything went happily until the middle of 1927, ( when his wife became suspicious of the manner m which her husband was allegedly becoming involved with a Mrs. Schaumann. Things came to such a pass that Mrs. Whiten on one occasion ordered Mrs. Schaumann out of her house, and for this action she alleged Whiten expectorated m her face.* With no friends or relations, m New Zealand to turn to for assistance or advice, Mrs. Whiten communicated with her parents m England, and they instructed a Christchtirch firm of solicitors to act on her behalf.

Forestalled

Consequently, a deed of separation was entered into, and it was agreed that Mrs. Whiten should visit her parents on a holiday, her passage to England being paid by the parents, and her return 'passage being found by her husband. Whiten, the wife's counsel alleged, had no desire for his wife to return to New Zealand, and had made an effort to have her return fare cancelled, but he was forestalled m the attempt and nis wife returned. Whiten met her at Wellington, but came on to Christchurch ahead of her, and while still m Wellington she received a telegram' advising her to come home if she thought she could make a success of things. The woman had every; desire, she said, to again settle down with her husband and children, but three days after returning to Christchurch she was told to pack her bag and get out of the- house. This she declined to do, so Whiten ■ffered his wife .£ 100 to go to Wellmgj .on and start as a boarding-house keeper. If she went quietly he would be able to tell his friends she had gone to open a business there. Knowing nothing of the finer points of boarding-house keeping for profit, Mrs. Whiten opposed the proposition and carried on for a couple of months until Bpr.ember 31. last when her hus.band left her.

"Bullying" Habits

She alleged that Whiten drew up another separation agreement of his own designing-, and bullied her into signing it. Under this agreement she was to receive from Whiten £2/10/- per week, but out of this amount she had to pay 25/- a week rent for his house, a soldier's home which cost him 15/- a week m rates and rent. Actually, she said, her husband was making a profit of ten shillings a week on what she was paying him for rent, and it left her only twenty- five shillings a week on which to feed and clothe herself and her three boys. She subsequently found that Whiten, had rented a house at 67 Martin's Road, and Mrs. Schaumann was there keeping- house for him. Whitens wages were £4/12/6 a week, and' this was invariably augmented with a considerable amount of overtime. "His attitude has always been a bullying one towards me and his language is unprintable," Mrs. Whiten told Mr. H. P. Lawry, the magistrate. , When cross-examined by Mr. K. G. Archer, counsel for the husband, Mrs. Whiten, an intellectual type of woman, made no effort to screen the life she believed her husband to be. living. She admitted having ' received his maintenance payments regularly while she was m England, and declared that

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she came back prepared to start a new life. Counsel: But it was obvious to you, surely, Mrs. Whiten, that your husband had. changed his mind regarding 1 you when he endeavored to cancel your return passage. Why did you persist m coming' back? — Because my home and my interests were m Christchurch. The woman said she endeavored to compromise with' Whiten, and offered to pay him for rent the fifteen shillings a week it was costing" him to buy the house, but he told her to pay 25/- a week or get out as he was entitled to the ruling market rent for the place. Counsel: That was merely a. tern- ' porary arrangement till your husband got on his feet with his new property and then he was going to reduce it?— Yes, but I did not agree to it. You have an of£er m writing agreeing already to reduce the rent to £1 a week? — I believe there is, but that would still leave me insufficient to adequately maintain myself and my family. "I begged of him to stay," said Mrs. Whiten, "but he refused, so all I ask is adequate maintenance and peace. Each time he comes to the house he bullies me incessantly, and I cannot suffer the worry any longer."

Counsel: . I think your husband left you a tomato house m full profit, and that should be -worth £15? — I have not yet taken £ 2 from it, and as I know nothing- about attending to the plants it has gone back. Since I have been back I have, suffered intense unhappiness and worry; too much to look after a tomato house. "I have to admit, sir, that there have been family differences over a Mrs. Schaumann," said Mr. Archer m addressing the court, "but Whiten denies that there has been any impropriety ■■ . between them. "He has taken another house on an acre of ground, j which he hopes to | get under cultivation, and supplement his income, and Mrs. Schaumann is his housekeeper. The whole trouble is the scandal which has been cast abroad by other people." Counsel' stated that Schaumann was not living m the house with his wife, but was paying her 25/- a^week for herself and her two children, and Whiten was merely, supplementing the housekeeping expenses. He was actually hot paying- her anything to keep house for him. The magistrate: He is providing a home m comfort for another woman and her children while, his own wife and family are going without.

Counsel: He thinks it a reasonable arrangement, sir, but if you differ he is prepared to accept your ruling. What he earns from his garden is a big consideration. Magistrate: He has chosen an expensiye mode of living, and . if he hadn't this -other woman m tow I don't think he would have worried much about another garden. Whiten, a well-dressed man approaching the forties, and more verbose than the patience of the court could stand, said the inoriey he- paid for his wife's return passage was the proceeds from his garden m Huxley Street. "After.! sent the passage money, he said, it cost me some money to quieten a scandal which was _ damaging me, and the information, ' which had come from my wife, was entirely unfounded," said Whiten. | "I knew I couldn't live with her, and ! I cabled both my wife and her father, advising her to stay m England. "She' returned against my Avishes, and never let me know that she was coming, but from a coded cablegram I learned that she was on the Mataroa." Whiten again denied any impropriety between himself and Mrs. Schaumann, and alleged that he^had been cruelly slandered. How, he asked, could his wife know

Asked Her To Go

of any impropriety when she was m England? . Whiten added that' his wife agreed to pay him ruling market value for the house and said she would do sewing, otherwise it was a case of them both living m semi-poverty and they would be of little assistance to the children. He had agreed to reduce the rent to 15/- a week within six months. A searching examination of Whitens character was conducted by Mr. W. Tracy, counsel for the wife, when he cross-examined Whiten at great length. Counsel: Although you. decided you didn't want her back, you telegraphed her. at Wellington to "come back if you think you can make a success"? — Yes. And she carae/and the arrangement only worked out for three days when you told' her to go? — No, I asked her — Counsel: Having got what you wanted you left her. "What is this bit of blackmail you were talking about. How much did it cost you to keep Mrs. Schaumann's name good?" asked counsel. — £15. What about the expenses* for the detective? — I didn't pay them. You were under no obligation. Who did you pay it to? — I paid it to a Mrs. Clark m connection with a ring that was stolen. And that was why you didn't want your wife to come back? — Yes, and other stuff.

Marriage Vows

What stuff?— lt's filthy. .. About your wife ?^— Unfortunately, yes. She is the author of these anonymous letters. Is this a piece of furniture, or your wife I am representing? asked counsel heatedly. ' My wife. At least I am maintaining her, Whiten answered coolly. Have you kept your marriage vows, Whiten?— l think I have.. Magistrate: Answer the question properly. Have you? Whiten: Yes. Magistrate: By living with another woman? — No, sir. lam "not living 1 with a woman. Questioned further by counsel concerning Mrs. Schaumann, Whiten said he did not know if she were separated from her husband. Counsel: But come, Whiten, you must know?— l don't know anything atfout her private affairs. The magistrate: You paid £15 to keep her name good, yet you want us to believe that. I am going to make an order. How much do you want for the house? Whiten: Twenty-five shillings a week. Remarking that under such circumstances £3 a week*. maintenance was the least on which the wife could keep herself and the family, Mr. Lawry made the third separation agreement which has existed between the Whitens during their married life.

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