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CRIM. C ON. CASE AT WELLINGTON. (FROM OUR OWN CORRESPOSPDENT.)

Wellington, June 18 A RAifliMt interesting crim. coil case was hoaid toilay m tlio Stipieine Couifc, befoie hi* Honor Mi % Justice Jolmstonc and a special ]iuy. The plaintiff and defendant in the action occupy good positions in society, and, tlieiefoio, considcung the mattei of sufficient lnteicst, I foiwaul you a full lopoit of the pioeeechngs. Messis. Lyaul and II ait appealed foi the plaintiff, and Mc-srs. Allen and "Borla°e for the defendant/. The following weie the issues involved — L Wasthesud E C. Hulke, at the time of the tiespa^s 1 in the said declaration mentioned, the wife of the plaintiff ? 2. Did the defendant debauch and carnally know the said E. C. Hulke, as m the declaration mentioned ' 3. Wcie the said E C. Hulke and the plaintiff, at the tune of the tiespass, finallv scpaiatcd from each other by agi cement between them ? Jn mitigation of damage^ — i. Was the said plaintiff voluntaiily living apait fiom the said Ji, C. Hulke, at the time of the said ties pass' o. Had the plaintiff, at the time of the said tie>pas 1 -, ab.indoned the said E. C. Hulke, and refused to supply hei with the means of maintenance and suppoit .' C. To what damages, it any, is the plaintiff entitled ' , Mr. Ly.nd stated the case for the plaintiff, who, lie .said, was a heuten.int of volunteer at Wiinganui, the defendant being a lieule.iant in the 57th Hcgi incut, stat'oned at the same place. He was pi epaied to show tli.it the defendant hail committed adulteiy vith the wife of the plaintiff, and that he had theicby done him a seuous and hiepaiable wiong. He was also prepaied to sho.v that previous to the commission of this adulteiy the plaintiff and his wife had been living voi y happily together, and that it was in consequence of her conduct, tuth the defendant that compelled, him tosepaiate fiom her. Damages weio la-d at .£l,OOO, but the gentlemen of the juiy would Know, when they he iid the ewdence which he would bung forwaid, that no such paltiy sum — nor indeed any pecuniaiy itmuneiatiOn whatevsi — could even satisfy the gentleman who had bi ought this action. lie then called John Claik, win, being sworn, deposed : I am a private in tho 57th Keginient I have been lately stationed at Wana;anui. I know Chailes Hulke He lives ncir W.iiicj.hihi. I think he is a lieutenant m the militia. I know Mr Muttit. He is a lieutenant in the 57th. Until Maich, 1503, 1 lived with him as a seivant. I know Mr*. JTulke. I saw her at Muttit's hou'-c in Mirch, ISG3. |I do not know wh,it day. Itwasm the moiiung. She was having bieakfast in tlie sitting-ioom with Muttit. I had not seen her the night befoie. She stopped theic the following day. Theie aic two bedrooms in the house. My master u c ed one and I used the other. On ncillai of these nights did Mis. Jlulke sleep m in my loom Befoie bieakfast on the morning in qiie-ifion, 1 took my mastei's bath tohisbediootn. I put it inside, and then camo out. I saw a female's clothe i lying about, which 1 aftei wards saw «n Mis. Hulke at bieakfast I also noticed a laige biooch which I aftei wat <ls saw hei weanng Mr. Muttit told me not to give her any shot tansweis, as she was a woman of icspectible family. Ct oss examined by Mi Boilase: I knew Mis. Hulke befoie that tune. I was in Wanganui when a soldieis' ball was given in July, 1862 : Mrs Hulke was thdie. It was at Kclls' public-house; I did not see her husband theie. He was not there. I did not speak to Mi-\ ITulke at that bill. I left Mr. Muttit about the end of March, 18(53. On the night of the ball I saw Mis. Uulke dancing with the soldieis. Hugh Goinwn, being swoin, deposed lam a pnvate soldier in the 57th at "Wanganui. T know the plaintiff and the defendant. 1 have been in Mi. Muttit's senice. I went into his .seivice in Match, ISO,?. I have seen Mis. Hulke in Mr. Muttit's house ; it \\\\i> one evening, about three oi four days aftetlwcnt theie. It was in the evening. She was in the sitting room. I saw her theie again about a week after that. When I siw her iiist in the sitting loom she had her bonnet and shawl oft. She stopped two days. I saw her theie at 9 o'clock at night. I went to my master's bed-room in the moiinng with his bath, aud I saw a woman's diess. I saw Mis. Unlit with it ou immediately aftei waids. On the second moiuing, I also saw the same clothes in the bed-room. Tlio second time she came was about, a week aftei wauß The morning after she came I saw her in Muttit's bod-room in bed. Mr Muttit was thero also. Mi. Muttifc called the woman Mis. Hulke. Ciosß-cMiinined by Mr. Boilase: I knew Mis. Hnlko pi viotis to hei coming theie j she usrd to stop nt Kills' public-house sometimes ; I never saw her husband theie. William Wyborne, being sworn, deposed : 1 am a fannei, and lesido at Wangamri ; I know tho plaintiff ; 1 have know him for a long tune ; I know his icktions in England; they arc veiy lespectable people. The plaintiff is a young man ; his father is a. doctor a\ Deal, I {uu a married man, and, 1 u»ecl

to visib at Mr. Hulke's. He lived, so far as I know, on the best of terms with his wife : they had been mairied before Mr. Hulke came to Wanganui; that was about six years ago ; they had two children, but they nre both dead. I recollect Mrs, Hulke leaving her husband; Mr. Hulke then gave up his house. Mr. Hulke is a lieutenant of volunteers ; before he joiued the volunteers he was teaching a school Cross-examined by Mr. Borlase : Mr. 'Hulke used to live about two miles from Wangaiuii. I lived about thice-quai'ten of a mile from them. I was a coustanb visitor at his house. I remember his wife going to New Ply month : it was about a twelve month ago last Christmas. She was away for fi\o or six weeks. Re-examinod by Mr. Hart : Mis. Hulke's relations live at New Plymouth. Their name is Collins. Edward Newing, being sworn, deposed : lam a farmer, and I reside ab Wanganui. I lived near Mr. Hulke. I used to visit his house in Wan»ar.ui. Mr. Ilulke and his wife were living on amicable teims. I never mw anybhing contrary to their living on affectionate terms. He was, so far as I know, a good husband. They were about the same ago. Mis. Ilulke is about twenty-eighb years of age. I know some of Mis. Hulke's relatives in England. They are iii a good position, 'lhey are living on their means. Cross-examined by Mr. Bodase: I constantly visited at Mr. Ilulke'e. I geneially saw Mrs. Hulke there. I have met her in the town of Wanganui. This closed the case for Hie plaintiff. Mr. Boilase, for the defence, contended there was no case made out. The woman was evidently of a very loose diameter, and he would prove to the jury that she had been, with the husband's knowledge and consent, living with one Lieutenant Lewis, of the 65th Regiment, at Wanganui. He was ptepaied to bhow that she was a woman of the most abandoned chaiacter, and that she had upon innumerable occasions conducted hei3elf m the most grossly unpioper manner Ihe juty would see that while they might be obliged, in accordance with the law, to awaul nominal damages, they could not for a moment enleibain the claim for such substantial damages as those claimed by the plaintiff He was also | repat ed to show them that before the adultery in question was alleged to have taken place, the plamtiithad wntton an agreement of separation between himself and Ins wife, and that he had agieed to allow her to do as she pie-used. He then called Bedford Sheriff, who, being sworn, deposed : I am now a trooper in the Wellington Colonial Defence Ji oroe. I was living in the neighbouihood of Wang in in until about seven weeks ago I lived out ot town near where Mr. and Mrs. Ilulke lived I was a fanner I was in paitneisbip with a man named Wilson. We weie bachelois. Mis. Hulke used to come to our house. She came sometimes with and sometimes without her husband. She used to come in the cveniiig. I have seldom seen her in "Waugiinui. By the Comb : When she camo to our house her husband knew of it. John Kclls, being swoin, deposed : I was, in 1862, and pai t of. 1863, a publican in Wanganui. There was a soldieis' ball at my place in July, 1862. Mis. Hulke was at that ball. Her conduct wbile at ray place was very good. 1 told hot to leave my place. She lodged at my jilace about twelve or tout teen days. I don't like female lodger*, as a mle, and I gave her notice to go. We never goc paid for hei board. She leceived a litter fiom her )m>band; and, m consequence, I turned her out. She showed me the letter. Cioss-ewamined by Mr. ]>aid • The ball was very ie-,pectably conducted. The persons piesenb weie pii'ictpally soldieis. Re-examined by Mr. Boilase : It was a ball got up by the soldiesr. Aithur Wickstcad deposed : 1 am a lieutenant in the Wanganui Militia. I kuo ,v Mr. and Mrs Hulke well. In 1562, I stopped a good deal at the house of Lieutenant Lewis, of the 65th, in Wangal.ui. He was a bacheloi. I have frequently seen M.is Hulke theie It was at his piivate home. I hive seen her there at almost all homy of the day ar.d night. I have repcatedlj seen her theie without hei walking clothes on. Her conduct was as mistiess of the house. I used to sloop sometimes in the house. Thoia aie some four or five rooms in the house. I used to sleep on a tmckle-bad in the bittiug-ioom. I remember a soldier-.' bill at Kclls', in ISG2 I saw Mis. TlulUc theio. Hei conduct theio was mo^t disgraceful. She was dancing with and Kissing the soldieis. I did nut stop in the room long Some of the officeis of the 57th went and looked in thiough the window, and when they found it was so low they went a way again. I have seen Mis. Kells and Mis. Hulke together. I saw Mis Kclls tut n her onto! the house m consequence of her kiting a 2>nvatc soldiei iu the bai. I saw them kiting in the bai. Mi^. Ilulke said nobody saw r it and it was of no consequence, and Mrs. Kells told ha tint T had seeu it. Mis. Kells told her she wo.ihl not have such conduct theie, This witness displayed very great levity while giving his evidence, and hedesenbed the Lieutenant Leuib above mentioned, now a. captain of the 40th, ~ ai being well known by the titles of "Don Juau ' and " Cupid," for which expiess.ons the judge gave him the most bcveie censure. Michael I!oyle, being swoin, deposed: I am a pnvatu soldiei in the 57th legnnent. I was ab a soldieis'ball at Ivells" on the lGth July, 1562. I saw Mis. Hulke theie. I danced with her. I went out&ide between 11 and 12 o'clock that night. I saw a man and a woman lying on some hay or stiaw in iu the \aid The woman was Mrs. lTnlkc, I know. 1 heard hei voice say, "AVho is that'" She again spoke to me as we went towaids the house I said, "It is all light." Mic was putting hei net on her head, and she was fi\mg her hair. I knov Mr. Hulke. He Mas not the man who was lying with hei lie was not ab the ball. Cioss-examinod by Mi. Jzaul • It was a bii^ht night. I touched my foot against the man as they weiel)iugon the giound. I have nob been in defendant's seivice. I have spoken to him about this matter, He ne\er gave oi piomised me .any piesent if I gave evidence. Mi. Boilase, for the defence, then put m the fol lowing letter, which was lead: — "No. 1 Line, Wanganui, " July 14, 1562. "To Mrs. C. Jlulke"Ma'l.im,—Some few weeks ago, T mfoimed you that unless > on changed youi line of conduct I should be compelled to effect .i separation. I picsume that jou aie awaicthat you have disgiaccd youi self, and that it is impossible foi me to look upon you as my wife , and, theiefoie, I have lcsolvcd to allow you the sum of £20 (twenty pounds per annum, with sole light to all ] ropcity you may legally posses 1 -, ©i that may reveit to you hcicafter) on condition of your signing a deed of separation. Please to send me the name cf ■som legal ad visci , as well as the name in full of the thud paity who will act as your tiustee, in oulcr that I may get the ncccssaiy documents picpaied. Fuithcr comment 13 uunece&saiy. Youi clothes and personal effects shall be sent to you. "Charles Huucc, " To Mis. C. Ilulke, " Wanganui. "At J. Koll's, Yoiknotel." This closed the case for the defence, and Mr. Hait buefly lcphed. His Honor buefly summed up the evidence, and dnected them upon the law of the case. After a shoit deliberation, the jury brought in a veidicb foi £2o damages. The Couit then lose.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/DSC18640624.2.27

Bibliographic details

CRIM. CON. CASE AT WELLINGTON. (FROM OUR OWN CORRESPOSPDENT.), Daily Southern Cross, Volume XX, Issue 2162, 24 June 1864

Word Count
2,302

CRIM. CON. CASE AT WELLINGTON. (FROM OUR OWN CORRESPOSPDENT.) Daily Southern Cross, Volume XX, Issue 2162, 24 June 1864

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