MARRIAGE A FAILURE

Pukekohe & Waiuku Times, Volume 7, Issue 381, 7 June 1918, Page 2

MARRIAGE A FAILURE

Alleged Attempted Kidnapping. The marital misfits of Mr and Mrs Thomas Allen, formerly residents of Glenbrook, were disclosed at the Pukekohe Court on Thursday of last week, when Mr J. E. Wilson, 8.M., was asked by Mrs Allen to grant her a separation order against her husband and also to issue in her favour an order for the guardianship of the three children of the marriage, whose respective ages were 8, 7 and 4 years. Mr H. G. R. Mason appeared for Mrs Allen, who is now living with her father at Taniwha, near Waerenga, and Mr W. P. Hopkins represented the husband, now employed as a plumber at Hamilton. Mr Mafon explained that maintenance money was not asked for and that a separation order was only sought as a corollary to an order for the guardianship of the children, the latter becoming necessary by reason of the defendant having recently attempted to take the eldest away from his mother. Mrs Allen deposed that some three years ago her husband purchased a farm at Glenbrook but he soon got tired of farming and without telling her where he was going went off to Hamilton and had since remained there without ever sending her any money for her or the children's support. She twice went to Hamilton to see the defendant but he seemed averse to making a home for her there. As a consequence she left the farm at Glenbrook. For the past three years she had kept herself and the children by doing farm work for her brothers, receiving 30s a week wages. Mrs Allen went on to say that during the dinner hour about three weeks ago a boy came to her at her father's house at Taniwha and told her that a man had just called at the school and was taking her eldest boy (Bobby) away. From the description given she surmised the man was her husband so she jumped on her horse and rode off towards the school. She saw her husband going along the road holding the boy by the hand. The teacher told her that the boy's father had called for him and had promised to bring him back when the bell rang for the school to resume. That time had, however, passed. She followed them up and called to the boy to come to her but her husband would not let him. Ultimately the boy wrenched himself free and she lifted him on to her horse and rode away.

Cross examined by Mr Hopkins, Mrs Allen admitted that it had been her desire to continue farming at Glenbrook instead of going to Hamilton. She did not know until after her husband had left that the farm was heavily encumbered with debt. She commenced proceedings at Hamilton for obtaining a maintenance order but the solicitor then acting for her advised her to withdraw. In final reply to Mr Hopkins, Mrs Allen stated that if her husband now offered her a home she would not accept it, The Magistrate: On Mrs Allen's evidence there are no grounds for a separation order and maintenance is not asked for. It is not an unnatural thing for a father to go to see his child and as the mother was excited possibly she took a wrong view of the Taniwha occurrence.

At this stage it appeared that the Magistrate was disposed to dismiss the case but on the father making an audible remark that he intended to insist on his rights of securing the control of the children His Worship stated that he would require very strong evidence to be forthcoming before he would allow the children to be taken away from their mother. His Worship then directed that the husband should take his place in the witness box. The husband then gave evidence to the effect that being unable to make a success of farming he took up his trade at Hamilton but his wife refused to live there. Questioned by the Magistrate he said that his indention was to keep the children at a private boarding house in Hamilton and in reply to Mr Mason he said " the benefit of transferring the children toi me "will be that they will be in a father's care and they will be m better hands than in the crowd they are now with. I claim my rights as a father." Mr J W. Maclaren, farmer, of Waiau Pa, although called as a witness on the husband 3 behalf, gave it as his opinion that generally a mother was the best person to look after the children. Mrs Allen, he said, was regarded in the district as a very energetic and good worker and looked after the children well. Very few women could do farm work like Mrs Allen did. Mention having been made that the eldest boy, Bobbie, who is eight years of age, was near at hand His Worship asked that he should be brought into Court. As the little fellow entered he sobbingly rushed to his mother's side. The Magistrate: Bobbie, which would you rather live with. Your father or your mother ? Bobbie: Mother, if you please, sir. The Magistrate : It would be cruelty to take the little fellow away from his mother. I will make an order for the mother to have the custody of the children with the father to have right of access at reasonable times and although maintenance is not asked for I think the father should support the children. Mrs Allen was allowed solicitor s fee as against her husband.