THE PUKEKOHE SCANDAL.

New Zealand Herald, Volume XXX, Issue 9293, 31 August 1893, Page 5

THE PUKEKOHE SCANDAL.

CHARGES AGAINST' DR. AND MRS

DALZIEL.

EXTRAORDINARY EVIDENCE. - [B'f TF.LEORAI'H— OWN REPORTER,] Pokekohk, Wednesday. Tiik hearing of the charge of cruelty brought against ; Dr. James Dalssiel and Mrs. Dalziel, which was commenced on Wednesday, August 23, was proceeded with today. The two defendants were previously charged with having, on August 16, unlawfully beaten and assaulted a girl named Anna Jane Dalziel, aged 24 years, by tying her to a post, beating her with a cat-of-nine tails, and striking her therewith on the back aid hips; also by striking her on the face and head with the hand. The proceedings to-day commenced at half-past eleven in the forenoon, there being a large attendance of the general public. All the available accommodation of the little Courthouse was fully occupied, a very great deal of public interest being taken in the case. Captain Jackson, R.M., presided. Mr. G. N. Brassey appeared for Dr. Dalziel, and Mr. H. Williamson for Mrs. Dalziel. Mr. P. E. Baume conducted the case for the prosecution. It was suggested that the whole of the evidence relating to both cases should be brought out in the first case, that against Dr. Dalziel, though the two cases might be afterwards dealt with separately. To this, however, the Bench objected. PRELIMINARIES. Mr. Brassey mentioned thab new informations had been laid, in which two offences were alleged upon two separate dates, August 8, and August lb. Mr. Baume said that the first information to be dealt with was that which alleged the assault on August 16, against Dr. Dalziel alone. He did not think it would be necessary to go on with the case against the two defendants jointly. The defendant was then charged with having unlawfully assaulted and beaten Anna Jane Dalziel on August 16. '• Mr. Baume mentioned that on August 16 Anna Daiziel gave information to the police that she had been assaulted by her father. She was not an infant, being 24 years of age. On the date in question it would be shown that she stated that she was sent to clean an entire horse. Her work did nob ; appear to give the doctor satisfaction, and, as a consequence, she was sent into the house and punished with a tawse, having twelve tails. She did not go to the constable at once, but from information received the constable saw her. Mr. Baumo understood that the defence would be that the punishment was merely in the ordinary course of parental control. The girl had been since visited by many respectable ladies of the district. It was a question as to how far the witness Anna Dalziel was to be treated as a willing or a hostile witness ; for it appeared that she had since been adverse to go on with the case. The girl had been in a lawyer's office, and. had been used to clerical work, rather than to rough life on a farm. THE EVIDENCE OP THE GIRL. Anna Jane Dalziel was then called, and was allowed to take her seat while giving her evidence. • She deposed that she was a daughter of Dr. Dalziel, and was living with him at Pukekohe on August 16. She had landed in Auckland on January 18, 1892, having previously been a shorthand writer in a lawyer's office. She had also been clerking for about three years. On August 16 her father instructed her to clean an entire horse. It was her usual work. [Slight dissent in the Court]. Mr. Brassey here stated that if there was any noise in Court he would ask for the spectators to be cleared out. Mr. Williamson said that the expressions of opinions and noise on the last court-day were most indecent. THE ENTIRE HORSE. Witness proceeded to state that sha had left the work undone on the morning in question. Mr. Baume : You did this wort in accordance with the instructions of your father ?— Yes.

That would mean cleaning the dirt from the feet and legs?— Yes. I curry combed its buck and legs. I also washed its legs with warm water.

Mr. Brassey here objected to any leading questions being pub to witness. Mr. Banme : hen did your father speak to you about not cleaning the horse? About eleven o'clock in the morning. What did he say —He drew my attention to the mud on the horse's legs, and asked me why I did not clean it. I said it was the turn of another horse to go out.

I DESERVED TO BE TUXISIIED. What then happened?—He told me that the horse had been disabled on a previous occasion by being left dirty. I told him I deserved to be punished for it, for having left my work undone. Mr. Baume : Now, Miss, do be careful. Mr. Williamson objected to Mr. Baume'B interjections. And you asked him to punish you?— Yes.

With the tawse?—Yes.

The tawse was here produced. Mr. Baume : You recognise these —Yes. Were you punished with them before?— Yes ; 1 had a few strokes ad my own request. When I had done wrong I was in the habit of asking my father to punish me.

And at your request he was in the habit of punishing yon —No ; not. always. Ha was not in the habit of punishing me when I wanted to be punished. In what way did your father usually punish you ?—On this occasion, August IG, I went into my bedroom ; I took my dress off; I had all my underclothing on. The Bench : Then it, is only your outer dress you took off —Yes. I left my underclothing and stays on. Mr. Baume : Did your father then come in?—lS T o; I first put my night-dress over, my clothes, and when my father came in no part of my body was exposed. Did your father have tho tawse with him when he came in?He had nothing with him. I went over to a tablo in the room and took out the tawse.

Why did you do that To be punished. Your father came in with the intention of punishing you —No. i ASKED HIM TO PUNISH ME. You asked him did you not?I told him I deserved to be punished, and gave him the tawse produced. I asked him to punish me with it. What did ho do ?—He refused to punish me. lam quite sure of that. Then you asked him aerain —Yes, I begged him to punish me. He was nob out of temper ; lie was quite calm. Mi-. Williamson (to Mr. Baume) : " That is more than you arc." Mr. Baume (to witness): What were your exact words to him —I left my work undone wilfully, and deserve to be punished. Mr. Baume: But your reason before was that it was the other horse's turn to be cleaned?— Yes. I had cleaned the other horse, but I wilfully neglected to clean tho entire horse.

You then pave him the tawse Yes. Whab did he do ?—He hesitated again, and then I asked him again. He then gave me a few strokes on the back where my stays were. Over the stays, and only on that part. Were you standing near the bedpost?— No, there is no bedpost. Did he do anything more on August 16? —No.

Did he do moro on the next day ? Mr. Williamson objected to this question. He contended that the examination musb be confined to August IG. Not that they desired to suppress anything. He wished to have everything brought out for the sake of his client. NOT AFRAID OF HER FATHER. Were you afraid of your father ? — No, I was I would have run away. Did yon nob tell Constable McGovem on August 17, "I have been assaulted, bub for God's sake if I tell you don't tell my father, or he will kill me?"— There are two questions there. One is did I tell the constable, and the other whether I said that. I told the constable that I was assaulted. J said nothing like the words beginning "For God's sake." ' "

Mr. Williamson : Has the Bench decHiii>>l that she is to be treated as a hostile wit ness?

Mr. Baume : Oh, there is no doubb about it- " -'■•-:?- ■

Mr. Baume : Do you remember Constable McGovern coming to you on August) 17 ?-? Yes.

" Did you not then make a complaint) to him, saying that you were afraid that between him and Mrs. Dalziel you would bo killed?— No. Nor words to that effect ?—No. Did the constable say that be came to protect you, and would see you were protected if you went with him Yes, he did eay that. I refused it. 'Did you say words to that effect, that if you went Dr. Dalziel would shoot both of you?—l did not. Did you not say your stomach was sore, that you were stiff from blows on the back, and could hardly walk ?—No. Did not tho doctor come into the room while you were speaking to the constable? —Yes** the constable called him in. Did he not say to the constable that Mrs. Dalziel had beaten her while he was away ? —I can swear he did not. .... And that he wou.d lock Mrs. Dalziel in in another part of the house when he went cob again ?—No. j

IN THE HABIT OF LYING.

Are you in the habit of telling lies?—l am in the habit of telling lies generally. Except when on your oath?—No, Ido not always tell lies. Why do you tell lie? —Because 1 have & wicked nature. Ido not know why I tell lies. Do you think it good fun to tell lies ?— depends upon the occasion. Did you tell Mm. Goodwin lie.? on August 16?— Yes. What lie* did you tell her?—l told her that my father punished me severely, that I had to strip off all my clothes, and put a night gown on over my body. And that your father ordered you to do till* ? Of course it is a lie, but you told her thai.?— Yes. And that you had a great number of mark 3on tho body—of course it is only lies i—Well, 1 want to speak the truth. Bat to have the truth — were there marks on your back ? —I could not see my back. Did you feel pain? I did not feel any pain when I saw Mrs. Goodwin. Witness went on to say that she did not go to Mrs Goodwin to tell her tha lies, but told her them when she saw her. She told Mrs. Goodwin everything in confidence, and in confidence showed her part of her body in order that »he might see if there were any mark- oa it. The Beach said that the girl was in a very unfortunate position, and should be 'Jea.lt with as gently as possible. Mr. Baume: A very unfortunate position. Mr. Williamson : A po-ition in which she has been place! by the Society for the Protection of Women. The Bench declined to allow this discussion to go on. Mr. Bauine : The remark is uncalled-for and will do the ca.-e no good. Witness proceeded to state that she liked Mrs. Goodwin, and that lady stated that there were blue marks upon a part of the body not covered by the stays. The blue mark;, however, might not have resulted from the punishment. She could not iocaurit for it.

SOME MORE LIES.

Mr. Baume: Bid you tell anyone else ?ome lies about this assault?— Yes, Mr*. ','larkson. I saw her on the farm about jaif-past six on August IG. Witness went in to say that she had been punished, and mat her nose hid been bleeding from punUhment. inflicted by Mrs. Dalziel.

THE QCEsTION OF FOOD.

Mr. Baume : Did you tell Mrs. Cl&i'kson that you were very hungry and had been deprived of food '!— I did ; but not on that occasion.

Was it a falsehood ?—No. Are you deprived of food ? Mr. Williamson: Does she look like it? Witness : lam not. I can get it if I like to take it.

Mr. Baume: Do you refuse your food ? •—Yes, sometimes for certain reasons.

Bid you see Constable McGovern on the 18th Yea.

A DOCUMENT.

Did you repent the same lies to him then ': —No. He showed me a paper, and I said I understood that proceedings would bo taken if I signed it. I refused to sign it. He said that my signing the paper would make no difference as he had already reported the matter. Tho paper would be kept in his pocket, and no one would see it. It was only for my protection he said. Mr. Baume : But you required no protection.

Mr. Baume then read and put in a document signed by the witness, authorising she constable to lay an information against ;he defendant fox - striking her over the back and hip*. Did you read and understand it before signing?— Yes. I also said to the constable, supposing I do not sign it and required protection at any time what then ? lie told me I would bo refused protection. Of course I understood this to mean at any time in the future.

Has your father not a heavier tawse, than this (holding up the tawse already produced)?— Yes, I showed them to the constable, and told him it was not the ono I was beaten with.

Did you not stay with Mrs. Goodwin for a day '!— i was ordered to go to the Court. Mr. Brassey : The J. I*.'a ordered her to go, though though they had no right to do 80.

Mr. Baume : Don't let us have any comment Mr. Brassey.

SELF PUNISHMENT.

Witness went on to say that on August 16 she had not seen her father between the time when her father had beaten her, and when she saw Mrs. Clarkson. She did not hate her father. If witness had done anything wrong she punished herself by depriving herself of food. Mr. Baume : Then, why do you go about the place telling everyone that you have been deprived of meals You put me out of all patience, Miss Dalziel. Mr. *, Brassey : There is no need to put yourself in a fighting attitude. Mr. Baume: I do not intend to do so. It would be with a man, if I did so. The girl has been tutored. Mr. Brassey objected. Mr. Bauino; I do not mean by Mr. Brassey. Witness had soon her father in the Albert Park, Auckland, since the previous Wednesday ; but he had not spoken to her about tho case, except to tell her to speak the truth.

Mr. Baume : When you saw Mrs. ClarkBon, were not your eyes discoloured, your ears swollen, and your face marked?—My face was marked, but that was not the result of any blows. Captain Jackson : Did you ever run away from defendant's home?No, I never had occasion to do so. CROSS-EXAMINED BY MR. WILLIAMSON. Mr. Williamson : Why did you come to Auckland? —On account of my health. My lungs wero affected. Witness went on to .ay that her father paid her passage out, and met her upon her arrival in Auckland, and took her home. She would not go back to her friends in England, if she had tho chance, nor would she accept a clerical appointment in town. She would prefer to live with her father than earn £3 a week in this way. Her chest was strong now.

SIIK LIKKD IIKR PRESENT LIKE. She liked her life on the farm. She did no work that was too laborious for her, or that was repugnant to her. Herself, Mrs. Dalziel, and her sister Florrie did the ordinary farm work. She milked the cows and fed the calf, and did bo of her own choice

HORSE-GROOMING. She had no objections to cleaning the horse, which was a perfectly quiet animal. She groomed all the horses, there being only three to do. This work was not forced upon her, bub ib was her own choice. Her father sometimes did the work himself. She generally saddled and bridled the horses.

HKII RIGHT EYE. There was somothing wrong with her right eye. Three operations had been performed upon ib lately, the first on Tuesday, August '22, another on tho following Saturday, and the third on Monday last. Dr. Purchas attended to ib in town. Tho mark on the eye had been there for several years, and was not the result of any blow. Her grandmother had a similar mark. Her father had treated ib before Dr. Purchas had operated upon it. Dr. Purchas had given her a certificate. Iter non-appearance on the previous week at the Court was the result of the operations. Captain Jackson : lb is very hard to deal with this witness's evidence, as she admits the. tells lies.

Mr. Williamson : This case lias attracted a greab amount of attention, and all sorts of rumours are about, and various insinuation* havq been made. We have been

placed in a false position, ps charges bad been made against them as barristers and solicitors of a most reprehensible character. Mr. Williamson here desired to put in as evidence a written statement made by the witness, but the Bench declined to allow it.

NOT CSDCLY BEATEN.

Witness went on to state that she had never been severely or unduly beaten by the defendant. She was not afraid of her father, and wished to go back to him. She could not understand how people had said that she had been crying out unless they had heard her calling to the horses.

■ MRS. CLARKSOX. j Mrs. Clarksou had frequently questioned ; her about her family affairs,' and had asked her why she stayed at Pukekohe and did not go to town. She told Mrs. Clarkson whit she did tell her, because she had spoken to her on previous occasions about family matters, but what witness did tell her was untrue. -NO INTIMIDATION". Her father had never unduly punished her, had never punished her against her will, and had never stinted her as regards food. She was telling the truth when she sad this. She was aware that she was telling a different tale from what she told before ; but she was not making the present statement under intimidation or coercion. She was on her oath. She had not been tutored, but her statement was quite voluntary. Mr. Williamson Do you wish your father punished for what he had done to you ?— Witness : Most decidedly not. BY MR. BAUME. There was no annoyance or irritation in her mind when she had gone to Mrs. Clarkson or Mrs. Goodwin. She did not make a statement before Mr. Bush that she was smarting under annoyance and irritation. Captain Jackson : The witness is in a very peculiar position. She had admitted that she tells lies, but I don't, know why she admitted it. To witness : Why did you not tell the constable that you were whipped at your own request?— This was not answered.

The examination of this witness concluded soon after half-past three.

EVIDENCE OF CONSTABLE McGOVERN.

On the eyening of August 16 it was reported at the station that tho last witness had been seriously assaulted. He went over to defendant's house on the following afternoon. He saw tho defendant, and asked to see Miss Dalziel. He spoke to her, and she said that she had been assaulted against her will. ANOTHER STATEMENT OF THE CASE. She took my hand in her two, and said, "For God's sake, who told you; did you hear the noise. For God's suko don't tell father." She was very nervous. She said she had been sent to groom the entire horse, and to pick the dirt out of its hoofs. She did not do it properly, and her father ordered her into the room. She was ordered to strip, she said,and was severely punished with the tawse. Sho mentioned that she would not have felt the punishment so much had she not been punished ten days before. She said nothing about having asked her father to beat her, and having offered him the tawse. Her eyes were swollen, her right eye being discoloured ; her right ear was swollen and discoloured ; and there were two small cuts near her right eye. She said her back and stomach were very sore. She said she was afraid she would be killed, but witness said he would protect her. She said .she was afraid to go with him, as her father would kill the two of them. He replied, "If he shoots us he must shoot me first.'' She asked him if he would not come back again in order to see that she was not beaten again. He said he would if he possibly could. Witness spoke to the defendant and said something about keeping his family quarrels more private. The doctor remarked that Mrs. Dalziel must have beaten the'girl during his absence. In future, when he left home he would lock his daughter in a room.

Captain Jackson remarked that it was a queer Hate of things when a young woman had to be locked in a room to save her from being beaten. Witness went on to state that Miss Dalziel said that she would show her wounds to Mrs. Goodwin. She subsequently took action against the defendant. On August 18th he presented to Miss Dalziel a written authority to sign to institute proceedings against the defendant for the assault. He told her the case would go whether she signed or not, as the matter had got publicity. She signed the document. About a month before this she had told him that Mrs. Dalziel had grossly assaulted her, and she had also complained of being deprived of food. He told her to speak to her father about it.

Cross-examined by Mr. Brassey: The girl did not Hay that the injuries to her face were the result of being beaten. They might have been regarded by him as the result of a fall amongst brambles had not she told him the reason. She said she did not wish proceedings to be taken against her father if there was any other remedy, or if he was there to protect her. He subsequently asked her if she would consent to be examined by a medical man, but she said she would not. Witness was not afraid of being shot by Dr. Dalziel. He believed the statement she made to him was true he had no reason to disbelieve it.

ARTHUR CRANSTON'S STATEMENT.

Arthur Cranston deposed that he lived about forty chains from Dr. Dalziel's house. On August 16 he heard loud shouting coming from the doctor's house sometime in the forenoon. He could not tell whose voices he heard, but he thought ono voice was the doctor's and the other appeared to be a woman's voice. He took it for a row between a man and a woman. It appeared like a man talking very loudly, and a woman screaming. He listened to tho row for about ten minutes. He did not go to see what was going on, and made no inquiries. Ho had previously heard similar noises, and did not think anything serious was going on. Dr. Dalziel's entire horse was a very quite one. MRS. GOODWIN'S EVIDENCE. Maria Goodwin, wife of Daniel Goodwin, deposed that she knew the doctor and his daughter also. On the evening of August 10 Miss Dalziel came to the house of witness. She did not at first notice anything unusual in the appearance of the young woman, but she did not take much notice. There was some talk between witness and Miss Dalziel about some unpleasantness. The latter said that her father had beaten her that morning. Witness did not oxamine her, but Miss Dalziel showed her a mark on the hip, and said that her father had beaten her there.

Mr. Baume here said ho would refer to a previous statement made by the witness. Mr. Williamson : Are you going to contradict her, too ? Mr. Baume: Yes, if necessary. This is not an ordinary case, and these witnesses are not ordinary witnesses. Witness went on to state that the bruise was the only one she saw. It was not a serious one. lb seemed to have been recently inflicted. Captain Jackson : Have you ever found Alius Dalziel telling you lies?— Witness: Well, on the following Sunday she cold me that ft great deal of what she had told mo on August 10 was false. I had not previously found her out in a lie. Mr. Baume was about to ask a question dealing with what witness had told the constable, bub Mr. Williamson objected that the witness had nob shown herself hostile' or adverse. The objection was upheld by Captain Jackson, who admitted that the case was certainly a difficult one to manipulate. Witness in proceeding with her evidence, said that Miss Dalziel told her that she had to strip and put on her night-dress before being beaten. Mi a s Dalziel at the time appeared to be tcllintr the truth. She said she did not wish anything to happen to her father.

Captain Jackson : Even that expression showed there was something in it.

Witness then said that Miss Dalziel appeared to be very fond of her father. Miss Dalziel said that any unpleasantness in the past would be atoned for in tho future, that all would be ab amity in tho future. Of course, there had been unpleasantness in their having been before the Court.

Captain Jackson : If there had been no reason for that unpleasantness, thore would be no need for atonement.

Witness said she had spoken to Dr. Dalziel since he came to ask her if she had heard his daughter say she did nob wish to prosecute her father. By Mr. Williamson: The bruise might have been caused by a bump of a saddle.

While the girl was at witness's house, on last Saturday week, the girl was continually crying, and said she was tilled with remorse for her father. She desired very strongly to get back to her father's house. Witness noticed a cut on Miss Dalziel's face. Her eyes were nob blackened or bruised, and she did not appear to be walking lame. Witness did not think the bruise would be made by the tawse produced through her underclothing. If she only had her night-drees on the bruise would probably be made by a blow from the tawse.

STATEMENT BY MARY GOODWIN.

Mary Goodwin, daughter of the last witness, deposed that Miss Dalziel came to her mother's place on August 16. Witness saw the marks on her, only the one mark on the hip. Miss Dalziel complained of the injury. Witness always considered Miss Dalziel a truthful girl. She seemed to walk all right. Witness did not consider the bruise a serious one, though the examination lasted for about three minute?. WHAT MRS. CLARKSON SAYS. Ellen Clarkson, a lady of mature years, stated that she knew the defendant and Miss Dalziel. She saw tho latter near the bu;h on top of the hill on the evening of August 16. Witness was struck with her appearance. She was crawling, partially drawing one limb after the other. She appeared very ghastly and dazed looking. She appeared to be in very much pain, and she told witness that she was. Witness asked what was the matter, and Miss Dalziel displayed a white apron upon which were great clots of blood, and said she had received a hammering at the hands of her father. Witness had no bias whatever. Miss Dalziel said she had had a banging twice that dayonce in the morning from her father and once in the evening from Mrs. Dalziel. Witness heard a noise in the morning—most peculiar sounds, like a dog among some geese. Witness asked whether the defendant struck her with his hand, and she said that it was with a leather tawse.

Mr. Baume here said that he would ask the court to believe the statements made by the girl to the neighbours after the occurrence rather than tho statement made in Court by her. Mr. Williamson replied that that would be asking the Court to convict upon evidence not made upon oath, and upon which there had been no cross-examination.

Captain Jackson said he would decide upon the evidence as a whole. Witness proceeded to state thab she had advised Miss Dalziel to resist, but she replied, " He would kill mo if I did." Mr. Baume : Did she say anything about being hungry?— Not upon this occasion. Mr. Williamson objected to this point being pressed further. Witness : She has told me at least half-a-dozen times that she had beon deprived of food. Upon one particular occasion sho had stated that it was all locked up. Mr. Baume said he could ask the defendant to be bound over to keep tho peace. Mr. Williamson replied that such could not be done when the party supposed to be in fear was quite prepared to go back to her father, and had stated that she was not afraid.

Captain Jackson said he could bind the defendant over if lie thought fit, whether ho was asked to do so or not.

Witness went on to say that Miss Dalziel had placed her hands on her hips, and said it was done with the tawse. Sho was certainly in pain. Her whole appearance showed it. She was quite disgusted with what she saw. The girl had tho appearance of a thrashed dog. Her face bore traces of tears. The girl had a terribly hard life. After she milked tho cows she had io go crosscutting in tho bush. Captain Jackson : Bo you consider the girl a truthful girl?—l should judge that the tlirl speaks the truth except when prompted to do otherwise. (Laughter). She seemed too much to be all things to all people. Cross-examined by Mr. Williamson: There was sufficient light to see that the girl looked ghastly. \\ hon she first came to the place she would have weighed about ten stone, but she had fallen off considerably since. Mr. Williamson : Do you drag one foot after the other?—No ; I step up well. Mr. Williamson : Then you are a high stepper. (Loud laughter in Court).

Mr. Baumo thought that the witness, being an elderly lady, should be treated with respect. (" Hear," " hear," in Court.) Captain Jackson said ho would not allow any demonstrations in Court. If tho constablo detected anyone making a noise, ho would ask him to bring him before tho Court, arid he would deal with him.

As the cross-examination proceeded, Mr. Batimo appealed to the Court to protect the witness; bub Captain Jackson considered that she was quite able to cope with Mr. Williamson.

Mr. Williamson : Are you in the habit of spying about Dr. Dalziel's premises ? —I am ; to look after an old cow that was in the habit of roaming about there.

Mr. Baume here suggested that the Court might order the girl to be examined by a medical man. Captain Jackson, however, thought that such would have no'good effect. This concluded the case for the prosecution. THE DEFENCE. Mr. Brassey then opened the case for the defence. lie said that the- assault had melted away to a little bruise. The court should take the evidence of the girl in the box in preference to hearsay evidence of neighbours. It might be true that she had not spoken the truth outside, but still there was every reason to believe that she was the witness of truth in the box. In this case the girl hid consented to the few strokes administered, and therefore there could be no assault. Siie had actually requested the father to punish her, and handed him the tawse.

Captain Jackson: It is hard to believe that.

Mr. Brassey : Well, are you not bound to accept it even if it is hard to be believe:!. Mr. Brassey proceeded to state that the sworn evidence ot the girl must have greater weight than the outside statements. Where there was consent there could bo no assault. Mr. Brassey quoted cases in support of this argument. Mrs. Goodwin's evidence appeared very favourable as compared with that of Mrs. Clarkson, " tho old dame who stepped so lightly into the wit-ness-box."

Captain Jackson askod Mr. Brassey to confine himself to proper language. Such expressions were not crentlemanly.

Mr. Brassey: Well, the old lady. He wont on to point out that Mrs. Goodwin was very guarded, whereas Mrs. Clarkson went to an opposite extreme. The girl certainly did not look half-starved, or to have fallen away. He was confident she weighed over 10 stone, and was quite content to live with her father. The charge of cruelty had completely broken down, and the girl did not desire any steps to betaken against her father. As she was a consenting party to all that was done he would ask the Court to dsmiss the information.

Captain Jackson : I shall not dismiss the information until I hear further evidence. Mr. Brassey :" For the prosecution ?— Captain Jackson -. No -, for the defence. Mr. Brassey : Then as the case stands I presume you would convict? Captain Jackson : I will not give my decision until ten o'clock to-morrow morning. , Mr. Brassey: Ido nob mean to dictate to the Court.

Captain Jackson: Oh, no; 1 will not allow you to. It is a pity the case was nob made an indictable one, to go to the Supreme Court.

DR. DALZIEL IN THE BOX.

James Dalziel deposed that he had occasion to correct the girl Anna on August. Hi He reasoned and spoke to her first, and afterwards gave her a few blows with the tawse at her own request. She consented to the whipping. He would nob have persisted in whipping her had she offered any objection. The whipping took place in the house. She might have escaped had she chosen. She need nob have gone into the room. He went into the room after she had been in a little time, and the girl handed him the tawso.

Mr. Williamson: How many strokes did you give her?A few—about four or five. They were nob severe. Had she any clothes on ?~I could only see her nightdress, bub could fool that she had clothing underneath. The blows were not suflicieub to mark her.

Were you angry ? —I was angry or annoyed previously at the horse nob being in a condition to go ( upon the journey, bub was nob

angry when I whipped her. She did nob scream or cry. She was not physically distressed after the whipping, but was mentally distressed at having wilfully neglected to do that which I wished her to have done. I left the house shortly afterwards, and did not touch her afterwards. 1 did not see her again until the next morn-

ing. _ Mr. Williamson : In your opinion as a medical man, would she suffer from what you did ?—Nob at all. Has she been stinted for food while living with you ?—No. I have found fault with her repeatedly for not coming in for her food at the regular meal-times with the rest of us.

What is her temperament?— is very peculiar. Is she truthful ?—I am sorry to say she is not to be depended upon. Does she have obstinate moods ?—Yes, frequently. She is of an obstinate disposition. After the fit had passed away, she told me she was unable to give a reason for it.

Has she shown a disposition to leave you ? —No sir, none whatever.

Have you made proposals for her to leave you ?— Yes. I have offered to get her a situation in town, and have offered to pay her passage home, but she has always refused.

Has she ever complained of the character of her work ?—No. She has been asked on various occasions if she would prefer to work more in the house instead of outside, but her reply always was that she preferred work in tho open air. The work was not too hard for her. Since working in tho open air her chest complaint has left her, and she is generally the one in the house who has not a cold during the present winter.

You have heard what Mrs. Clarkson said about losing weight? That is nob true. She enjoys better health than anyone in the house. What the constable stated was not quite correct. While he was in 'the house the girl asked me to retire, to have a few minutes' conversation in private with her. She then said that she had told McGovern that Mrs. Dalziel had struck her upon the face near the right eye, and upon the right ear. I informed McGovern of what she had said, and mentioned that it was the first I had heard of it, and I could nob tell whether she had done it or not. Tho girl said she might bo struck upon another occasion when I was out, and she wished to avoid ib if possible. I said if she was really afraid of Mrs. Dalziel, she had bettor keep on one side of the house, in her own room. She said Mrs. Dalziel might come in there. I told her she could easily prevent that, as there were locks upon tho doors, which she could lock on the inside. 1 did nob say I would lock her up when I wont away. Captain Jackson : How was sho to attend to the horses, cows, and pigs, when locked up ?—There is nob a great deal to do. The work did not tako long. Mr. W iiliamson : Had she any reason to fear ?—No. Mrs. Dalziel was a little short in temper, but ho was sure she would nob ill-use her.

Captain Jackson : How about the screaming.

Mr. Williamson : There is no ovidenco that it came from Dr. Dalziel's.

By Mr. Baume: What did you say to Miss Dalziel when you found the- horse had not been cleaned —I asked her why the mud had not been taken off. Siio made no reply at first, but afterwards said she had wilfully neglected to do it. She gave no excuse. Pressing her for a reason, she said she supposed it was laziness. I recalled to her memory the fact that she had done the same thing before, that in consequence the horse was unfit for use. I was annoyed because the other horse, whose turn it was to.go out, had an abscess on its back, and 1 had no horse.

Mr. Baume: What do you do with you daughter when you are annoyed?—l have spoken to her. Have you chastised her previous to August IG?—No, except once or twice with my hand.

Did she ask you?— She has a-ked mo several time-*, and I have refused. She was of a peculiar disposition. Mr. Baume: So I should imagine. Witness : You would not like to live in the house with her.

Mr. Baume : 1 certainly should not. At this stage, half-past nine, the Court was adjourned until ten o'clock next morning.