RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3568, 15 December 1882, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day. (Before Captain Preece.B.M.) ASSAULT. William George Slater was charged on the information of Sergeant Burtenenaw with having on the 9th instant, unlawfully a.«s>ulted and beaten his wife, Margaret Slater. The accused pleaded not guilty. Mr Lee appeared to watch the case on behalf of Mrs Slater, and Mr Lascelles represented the defendant. On the application of Mr Lascelles all witnesses were ordered out of Court. F. I. de Lisle, medical practitioner, wae called, and paid that on Sunday afternoon he was sent for, and on going to Coote road he saw Mrs Slater. A woman who was present told witness that Mrs Slater had been violently assaulted on the previous evening, and had thrown up blood occasionally since. Witness examined Mrs Slater, aud found a bruise on the breast near the middle line, but rather on tie left side. Next day he *aw her when ne was shown a second bruise on (he spine. On the second occasion he caw some bloody mucous on a handkerchief which Mrs Slater eaid she bad thrown up. He examined her luDgs very carefully, but could not find the usual tram of symptoms to cause him to believe that Mrs Slater was subject to spitting of blood. The blow on the breast would be consistent with a blow received from a person's fißt, and that on the back from a kick. Witness never saw the patient spittiug blood. He could not swear positively that the

mark on the back was caused by a blow or : kick. It might have been a mark re- . salting from skin disease. From what Ajbe saw he should say Mrs Slater was not a healthy woman. There was nothing he saw that would lead him to connect the spitting of blood with tbe assault. The evidence-in-chief of Mrs Slater, Mrs Keating, and the letter's daughter, was to the effect that on Saturday evening, as they came out of Blythe's etore, at about 9 o'clock, they saw the defendant a little way off opposite Blythe's stall. Mrs Slater's little boy, who was with them, called out, " There is papa and hie fancy woman, Mrs Poulson," and Mrs Slater told him to "hush." Defeodant rushed towards them, and Mrs Slater ran away into the middle of the street opposite Neal and Close's. Defendant then crossed over the street towards the Criterion Hotel corner, and the witness did not see him again until they got near the junction of the Coote road and Marine Parade, when defendant came running up and seized Mrs Slater by the dress, tearing the cash off it, and after seizing her by the throat struck her on the chest and gave her a kick on tbe spine. Those present (namely Mrs Keating, her daughter, and eon) assisted to keep defendant off his wife until Mr W. Miller came upon the j ecene, when the defendant decamped. Mrs Slater had been ill ever since and

epat . -A Sergeant Burtenshaw, W. Poole, and XV. Miller also gave evidence as to the state Mrs Slater was in immediately after tbe assault had taken place. Mr Laecelle , ? contended that the witnesses had all grossly exaggerated the circumstances, and held that nothing more nor less than a mere scuffle had taken place. The principal parties to the action were living separate, and defendant, believing his son wae not being properly cared for, desired to take him from Mrs Slater. That was the whole of the matter.

The defendant was examined on oath, and positively denied ever having touched his wife. He was simply endeavoring to take away his eon, when the whole party commenced to scream "murder." AU of the witnesses were in the habit of using insulting language to him when they met him on the street. They did so entirely without any grounds. Mrs Keating was no ■" fancy woman " of his.

His Worship said it was clear that an assault had been committed, although no doubt more had been made of it by Mrs Slater, owing to her nervous state, than was necessary. The defendant must pay a fine of £6 and costs, including Dr. de Lisle'e expenses £1 Is, and counsel's fee £1 Is. He would also require to find sureties to keep the peace for six months, himself in £50, and two sureties in £25 each.

The fine and sureties were both forthcoming immediately, and the Court rose.