ALLEGED THREAT TO KILL FAMILY

NZ Truth, Issue 1240, 5 September 1929, Page 3

ALLEGED THREAT TO KILL FAMILY

Pathetic Appeal

Gancer Victim, With Only Few Months To Live; Forces Wife To Seek Separation

"CAN'T D0 IT AGAINST DYING MAN, SIR"

(From "N.Z, Truths. Spe cial Auckland Representative) Few of the spectators who daily throng the galleries of the police courts ever wait for the proceedings of the Maintenance Court, except, possibly, m the role of principals, •■•■■ y Occasionally, however, it happens that the magistrate is faced with a problem that stands out from the ruck by reason of some unusual circumstance. Such a case occurred recently m Auckland. Containing as it does the elements of potential tragedy, it must surely compare with any fiction ever penned by playwright or author.

PICTURE the scene. The gaunt, ..bare, .distempered Avails of the ... 'court-room; they magistrate's bench an <i solicitors' tables occa-siprially-lit'up r:by/'- % wavering sunbeams trying; to force their way through the dusty windows. In the witness-box stands a woman of 40 years, her face tear-stained and wan with care, while m a voice bften shaken by sobs, she answers the questions of her - counsel. A ' A. A Seated iri a chair, by the clerk's table, the . figure of a man, hunched with • pain A from the wounds— some of them still Open— of five major operations—Operations which have been .unavailing to secure for him surcease, from' the agony engendered by his disease. 1 -; A -A .' 'y. -A : ,- Gancer, that terrible scourge, has lefthihr butVa-foAy short months td ilive. •. A • But he still retains a large proportion of his physical strength and powers^ and it is through his atr

tempts to exercise these that his wife has been driven to seek a separation order, on the grounds of persistent cruelty. , It'is many months, howi since first it was discovered ' that Martin Gonnell was iri the grip' of cancer. Five times has he been under an anaesthetic, "five times has medical science done its best to ease his. ;pain -wracked body and eradicate the malignant growth that is fast sapping his' life away. But all m vain. The most skilful surgeon can.do/no more for him. The disease has now such a hold that it is no longer operable and.Connell can do nothing but^ wait for Death to relieve him of the burden of pain. He has.been'in both hospital arid inhrmai'y, but has always insisted on returning home as soon as he 'became able to get up. Unfortunately, it is a, .well-known medical fact that' certain- deadly diseases promote certain forms of abnormality and this is the case with Connell. Ulll!llllllllll!i:il!l!l!l!l!l!!illllll!lllllll!lil!ll|!l!ll!llll!l!llllllllllllilll!llllllll|i|lll!iy

As a result, his wife has become terrified of him and has had to apply to the Magistrate's Courti : loath though she is, for separation. and guardianship orders. ■ Under the kindly, questioning of Mr. Matthews, Marie Connell told' her side of the pitiful events, of the past few months. The home, she said, was purchased by her brother-in-law m her own and her husband's names, and, he had supported them during" Connell's illness. Acting on medical advice, she had endeavored to act m a certain manner In the home, but this incensed her husband and led to ' numerous acts of cruelty, terrible threats to do away ; with her and the five! children of the. marriage and actual physical violence. Her nerves began to give way under the strain and she had to seek the aid of the Society for 1 the Protection of Women and Children. • A On more than one occasion, her husband seized' her by the throat and, saying he had nothing left to live for, threatened that they should all "go together." ; The neighbors often had to separate them and several times, it became, necessary to send; for the police. A Quietly she , gave her; evidence, though now and again a tremor shook her and she clutched the rail of the box. Eyeing her steadily throughout, and occasionally shaking his head as though disagreeing : •

arid he had to get the St. John Amr bulance station to attend to it r on the wharf.. "V/Vho cares more for those child-: ren. than I dot" was his heart-felt cry. VI want them with s me to th© end/ , : yA. A;' _, Connell went on - to assert that- his wife was. m no danger from him. He never went out at night nor did he drink. Healleged ; that on the occasions when the police were called in A it was because of the impertinent interference of neighbors.' "I have never raised my hand m anger to mylwife,? he said, but- he; admitted that on one occasion, when, she called one of the child to whom he was talking, he gave her a push. ."Then they all started to screarri,".he told the bench, "arid the neighbors came m, while the- police were 1 sent for." ' A Another time, he went to the Epsoni Infirmary,' but when, he - found he was put m the incurables' ward, he left at once and returned 'home. Had he thought that cancer was contagious that was the last place he would have gone. :'."''. y It was also alleged by Connell that (Turing the four months he spent m hospital, his wife allowed the house and gardenHo go to ruinA '"'".-.''.. ''■''. ' , A final indictment of his wife' was uttered by Connell who exclaimed that rio true woman would • leave - a dying '■ .' man /iri his last

with something she.' said, Mai'tin Connell sat m his chair just below her. Mrs. Molesworth, 1

Inspector for the Society, related how the woman called several times m great distress. She herself visited the home -and a rambling statement was made .to her by Connell m which he attributed the whole trouble to the coldness of his wife. - ." When his turn came to speak, Connell made a long and impassioned appeal to Mr. E.G. Cutten, S.M., begging, him not to separate him for the last few months of his '.-.-■ life from his wife and childreri. "When I returned from hospital," he alleged, "I was put m a. separate room/ My wife u - as scared bj* the doctors; that" she would contract cancer if she so much as' touched me and she ; tqld"the children not to go near me. A "I've fought and scraped for my' home and-if I cannot hpve my r wife-in my last days, I want my children. AMy wife has got m a terrible'; state of nerves through fear of catching tlie disease.". ".-. A. . :j;.,'' : yv -. •' Connell went on to assert thfittyon the advice of the police he left .hbni'e, -for four days* to give his wife's ; nerves a chance to settle down. ;' A : y When he returned he found the house shut up, so he went to tlie school, where the eldest child attended arid learned that his wife had put. four of ; > the children into the Takapuna Or- '< phanage acting on advice from the parish priest. y yAy i He borrowed sufficient money, said i Connell, to take -him over the harbor i and brlrig the children back. He found ; that one ■'. little boy who had deeply scratched his leg had ■ been left unattended from three to seven o'clock, :

days. '•'. Cross - examined by Mr; Matthews as to 'why he would not enter arid remain m a hospital,

Connell protested vigorously that he could not see why he should have to leave his home. ' "Hospitals can do nothing 'for me," was his piteous cry, "and my pride m my own home is Buch that I will not leave it." He again feiterated that his wife's State of nervousness was caused by the doctors who had driven, her silly. That was; the only reason he could find for her attempt to get anSorder against •him:- '■' A. ; ; ,.A-.^':A yA; •..._.■■ £.;... The final ..scene was tense vvith tragedyj.y .v/V : . c : " ;i .'A; _. ; ; . y-^ -y : y: _>. ■ :"I aril .very ;sbrry:;tpV'have toydo.Jt/'---began Mr. Cutte.h,-v''bu.t' i 'l : fnusfmalce- a separation and " '. A. ' "You can't do 'that',,, sir; agains.t a dying man," broke ih^Gpn'hell':in.;pi;{:e'QUS tones. ' . '.■.':':: '.''' ",••'.].•..; v. " t nuardianship order,iViiiC.o\ri^ud^d^ the Magistrate. .; '•Aa, tAA^ wy' "I. : shall 'appeal, sir, |A'shallyajf)r\y peal/;' ; ; was Connell's cry.yy . "I have; , [ my brother and niy eldest boy here^. to speak, yfor me. Don't : be tooy-; quick,.Mr. Cutten." y ;-y;' .'■.-''; : y. J^A/ '•'I airi.'s.o,r.ry," repeated his. Worship,' ''but I. have' made myyrleGision." And Connell. was. led from the cburt-roojn .bY his. 'brother .still; protesting vigorously that^ he would,appeal"'-.against-"-the-decisioh,' ■•yyy'.y yA. y^y A|-;.. yy ",; -ijater, : appllipatibn was AmadeAfp. the' cbur%arid heywas coiriniitted •to Avorir" dale Mental Asylum for a week's bbA servation and this period was afterwards lengthened to a month.' Interviewed by "Truth,". Mrs. Connell made the assertion that such is the state of fear to which the threats of

her unfortunate- husband have reduced her, that though he is, at present within the walls of Avondale, she b'blta and bars every door and window at nighty and gathering her children round ber m the one bedroom, barricades its door. She is quite convinced that something terrible < will happen should Connell be allowed to obtain his freedom. Knowing him as she does— they have been married for over 16 years — she is aware of the inflexibility of purpose behind those threats and she feels that her only hope of future safety lies m the medical authorities deciding that for the good of all concerned, her-husband's-committal must be made ...permanent. "Three years ago," she told "Truth," 'H ,' was ] seribusly ill, and my husband told me that had I died then he would have followed me the next day. "Now his idea is that because, he is dying, I should riot continue to live and'

\irhen I ask him about the children, he replies that someone will look after them."-.; .■",■_. , :in the opinion of neighbors and , 'others..';.-'..- interested.. . m "this . tragic case,, it would y. be extreme folly on the part oft the authorities to allowthe. poor fellow his liberty again. ; ; Heylcnows h.e has but a short while to ''iive'rvah'd .;?has allegedly expressed his iritehtipn . to take drastic steps, should his 'wife Aandr.children be takon from .'hint, and it is the conviction of those; who khoy£ most about the affair that he would, stop at nothing, should he be allowed freedom, to carry his threats Into effect. vThere,^f6r the shbrt span of life left to him) , it ia jtfq be [hoped that Martin Qohnell will. remain,'. where all that care and'-'piity "' can do - to ' rel i eve his mental and physical stress will be accorded him and -where those' he loves to the point of madness can visit him. without fear of anything untoward occurring, until. Time shall, release his spirit from the pain-wracked cerement of -the flesh that still detains it.