THE MATRIMONIAL CASE.

New Zealand Herald, Volume XXIII, Issue 7657, 7 June 1886, Page 3

THE MATRIMONIAL CASE.

At the Police Court on Saturday, before Mr. H. ft. Seth Smith, R.M., the hearing of in application for a protection order and the custody of the children, by Catherine Lynch, wife of Dennis Lynch (late publican) was resumed. Ab on the previous days, Mr, Theo. Cooper appeared for Mrs. Lynch and Mr. J. O'Meagher for the appellant. James Campbell, barman at the Albert Hotel, remembered being barman at the Occidental Hotel for about twelve months, during which time Lynch was not very temperate, being often very drunk, getting intoxicated off and on the whole time. fie had reason to remember the cruelty of the defendant to his wife, as on one night he heard Mrs. Lynch calling out that her husband was killing her, but he (witness) did not like to interfere with quarrels between man and wife. Mrs. Lynch was unable to appear next morning, and had a black aye. Crossexamined: He thought he had had a few words with Mrs. Lynch over a buggy, and been dismissed. He did not use certain language to her. Mr. Cooper applied for the production of the records of convictions against the defendant. Mr. O'Meagher said said he would admit them, as he was a person unfit to have the control of the children. This closed the evidence in support of the application, In defence, Mr. O'Meagher went on to state that the proceedings had all arisen through the incompatibility of temper between the parties. He had to make an offer on behalf of the uncle of the children (Mr. P. Gleeson), who would main' tain them by sending the boy to be educated at St. Patrick's College. Wellington, and the girls to one of the convent schools in the city. Mr. Cooper replied, objecting to the offer, as it did not come from a blood relation of the children. Mary Ann Lynch, wife of William Lynch, deposed to the condition of the children during Mrs. Lynch's absence in Australia. In cross-examination by Mr.Cooper, the witness said she was unaware of a claim of £97 made by her husband on Mrs. Lynch's estate for the maintenance of the children. Dennis Lynch, defendant, was called, but it was apparent from his demeanour and the accusations he made against his wife, that he was under the influence of stimulant. Mr. O'Meagher applied for a furtherad journment, at two witnesses he had to call were not in attendance. Mr. Cooper objected to the request, and applied that the order might be granted as prayed. His Worship said be considered the matter had gone on quite long enough. He granted the protection order as asked, and Mrs. Lynch to hare the exclusive custody of the children.