MAINTENANCE CASE.

Stratford Evening Post, Volume XXXII, Issue 94, 20 April 1912, Page 2

MAINTENANCE CASE.

THE EVIDENCE

Following is the evidence in the case heard in Court veaterduy I

Mi; Spout'*} Galled Mr Joseph MeClnggagO, who said that he had scon j V 1 iv* hank manager at Whangamomona, and as a result of Ids guarantee the hank had advanced the complainant £I2OO, which had been spent in purchasing the lease of the property of 152 acres. After legal expenses, etc., had been paid there was only a balance remaining of £2 or £,‘l. He went into detail with regard to her earnings and stated that during the three years that she had farmed the land, she heal gone to the had by ,C2‘so. Her debt to’ bis linn was .£lB2 for groceries, meat and bread. Which meant that she bad fed such a large family on £7 a month. Nothing had been paid off this amount. He attributed her position to the number of mouths she. bad to feed and the heavy interest she had had to pay. Witness paid a tribute to the manner complainant and her children had worked to keep down expenses. He had seen the girls in their bare feet cutting scrub. In answer to Mr Hookes, Mr McClnggago stated that defendant had owed his firm a debt of ,£ l(j 10s. That amount was sued for and defendant had since paid £2 a month on a judgment summons. There were only a few more payments to be made. Mr Hookes questioned the fact that he allowed complainant to run such a large bill and had not pressed for payment, and said: “It. speaks very much for your large hoarteduess, Mr MeClnggage.” Mr Spence: “! don’t think that need be mentioned, your Worship. Tt is a very well known fact throughout the district.” Mr MeClnggage further stated that two years ago at Poboknru defendant had told him that he had £SO and would give this amount to complainant if she would come hack and live with him. Defendant denied this from the body of the Court. Mr MeClnggage further stated that defendant had been in permanent work with cart and horses on the railway works. If Mr Hookes obtained a statement of his earnings from the Public Works, it would surprise him (Mr Hookes). Complainant, on oath, stated she had received‘since the separation no monetary assistance from defendant. He had bought one of the boys a suit of clothes, and had given one of her daughters 15s, which the girl had spent on clothing the little ones. Mr Hookes, in pursuing his crossexamination, distressed witness greatly, but on Mr Spence producing a letter which showed that the suspicions were: groundless, he expressed regret at the occurrence but Said be was only acting on his instructions. He asked for an adjournment to confer with his client. This was granted. On the Court resuming, Mr Hookes ■announced that he had conferred with his client and Mr Spence but bad not arrived at a settlement. Defendant said bis earnings wore only £6 to £8 a month, 'and the best offer iic could make was £2 a month. 'The horse and dray he was driving belonged to Mr Calgber, and lie (witness) drove for him. He himself drew the hire for the horses, at the rate of 5s a day for each horse, and ho paid all these earnings to Calgber, deducting nothing. He had no interest in the horses at all. Ho paid £ti Is a month for hoard and had to keen himself then in “candles, baccy, etc.” He slept in a tent. The average wage in the cutting in which lie worked last month was 5s 8d a day for the days the men actually worked. Some got only 4s 4d and Is 2d, and some 4s. Mr Spence pointed out that the minimum wage was 9s a day, and the Magistrate expressed surprise at the witness’s statement. A long cross-examination followed, Mr Spence frequently warning witness that he was committing perjury. He elicited the fact that witness had one of liis horses on a lease with right to purchase, and the other lie had bought from Xewton King, assisted by Calgber. The latter paid for shoeing. Mr Spence: Is it not a fact that all this rigmarole about the horses was made up since be bad been asked for maintenance of bis wife and family? Witness: No! Continuing, witness denied that be had any money in the Savings Hank, or that ho had told his son that lie had money in the Savings Bank and

that his horses wore clear. The case was then adjourned till 2 o’clock.