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THE COURTS.-TO-DAY., Issue 7962, 18 July 1889
RESIDENT MAGISTRATE'S COURT. (Before Messrs W. Hutchison and H. F. Hardy, J.P.s.) J. Cordeo and A. Cabrul v. Audis Wiokland.—Claim, L 4 10s lOd, balance due for wood cutting done, Mr Gallaway appeared for plaintiffs.—After hearing evidence the Bench dismissed the case. J. N. Merry v. A. Millar.—Claim, L 5 9s 6d, on a judgment summons. Mr Gallaway appeared for plaintiff.—Defendant was ordered to pay amount claimed in monthly instalments of 10s; first payment to be made on the sth prox.; failing payment, seven days' imprisonment. CirY POLICE COURT. (Before E. H. Carew, Esq., R.M.) Dkpnkenness.—A first offender was dealt with in the usual manner, and a charge against Elimhth Lindsay, with thirty-two previous convictions, was adjourned for a week. Charles Anderson was fined ss, in default twenty-four hours' imprisonment. Larceny.- Edward Martin, aged fifteen years, was charged with stealing, on or about the 2nd inst, a revolver and powder flask, valued at 16s, the property of Charles Shepherd, Mr Thornton appeared for accused, who pleaded guilty.—Counsel said accused had previously been an inmate of the Industrial School, but since leaving there had got into bad company, and was perhaps tempted to steal the articles by the fact that the window was broken, or in some way open. He asked that accused be convicted, and ordered to come up for sentence when called upon.—Sergeant-major Bevin said that he believed accused had been sent to the training ship at Auckland, and had come from there to Dunedin. —Mr Carew asked whether accused was still under the guardianship of Mr Titchener,—Sergeant-major Bevin said he would telephone to Mr Titchener, and upon returning into Court said that the boy had either been lioensed out or discharged. He had no control over the boy at present, but had telegraphed to Wellington for further information since he had first been informed of the nature of the oharge against accused. —His Worship asked whether there was any probability of anyone entering into a recognisance of L 5, and upon being answered in the affirmative discharged accused, whose
lather waß to become surety for his future , good behaviour. ! Maintexance.— Thomas Beres/onl Matthnws was charged by Susannah Matthews with failing to provide heraelf and five children with sufficient means of support.— Mr R. L. Stanford appeared for defendant, who pleaded not guilty.— Plaintiff said she had not been living with defendant for some months. He went away about three months ago to Hindon, and returned at the end of last month. He never came to the house, and he kept the money he had earner l . He made innumerable promises but had never fulfilled them. To Mr Stanford : Defendant had never paid L6los to witness, and did not own any of the goods in a confectionery business which witness carried on. Witness took passage Home for herself and one child under the assumed name of "Mrs Phillips."—Defendant denied that he had failed to support plaintiff and her children. Last year he had paid L3O to his wife, and was sure that some of that money went into the confectionery business.—The case was adjourned for the production of three letters sent by defendant to plaintiff; and upon resuming His Worship further adjourned the case, pending inquiries as to whether or not defendant had registered a letter at Hindon i addressed to his wife.
Julius Albert Melz was charged by his wife, Mary Ann Metz, with failing to provide her with proper means of support. Mr Sim for plaintiff; Mr Thornton for defendant. —Plaintiff said that she had obtained a protection order aome years back, but since that time aha and defendant had been living together. On the morning of Sunday, 7th inst., he came into her bedroom, placed his band on her forehead, and run it down her face to her throat. She shoved him away, and subsequently he said that if she did not drown herself he would do so himself. She left the house that night, but had no money. The land upon which the house waa built belonged to her. To Mr Thornton : Witness had to work for her own clothes, as defendant supplied her with hardly any money. He had threatened her with violence, but had done no physical injury to her except on one occasion. He had accused her of intemperate habits, but without any truth.—Evidence was given by Willhm Metz, who stated that his mother was very much afraid of defendant, who had threatened her very frequently. Witness considered that it was unsafe for his mother to stop in the same house with defendant. —Evidence was also given by plaintiff's daughter. —Mr Thornton sub mitred that the proceedings were laid under the Destitute Persons Act, but there was evidence which proved that plaintiff had plenty means of support. The case was simply an application for separation, and should have been heard at the Divorce and Matrimonial sitting of the Supreme Court. Defendant had not deserted complainant; she had deserted him. His Worship considered that a prima facie case had been established, and that plaintiff was j justified in leaving the house. Mr Thorn- j ton said that plaintiff had sufficient means of support, because she owned the land, j which waß valued at LI 30. The only reason for the bringing of the present case was to obtain a separation order. He called defendant, who denied that he had used any violence towards his wife. The house and land, valued at L 530, belonged to plaintiff. On the night in question witness never put his hand on his wife's throat—he never touched her. He had given his wife more than L 5 during two years. He denied stating that if his wife did not drown herself he would. —His Worship said that he had decided to adjourn the case for a fortnight, because he had oiten found that husband and wife generally came to some settlement if such a course was pursued. If no settlement was arrived at, however, he would give his decision.
THE COURTS.-TO-DAY., Issue 7962, 18 July 1889
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