MOTHER-IN-LAW STRUCK

New Zealand Herald, Volume LXX, Issue 21597, 15 September 1933, Page 14

MOTHER-IN-LAW STRUCK

CHARGE OF ASSAULT

FINE OF £4 ON SEAMAN

WIFE'S UNHAPPY LIFE

An application for a separation order was heard in conjunction with a charge of assault, laid against an unemployed seaman, James Duncan, aged 28. in the Police Court yesterday. He was charged with assaulting Margaret Hvnd on September 7.

Mr. Singer, who appeared for accused's wife, said that an application for a separation order had already been made. "If he is released to-day without a separation order being granted, we fear some violence may be done," he added. Duncan pleaded not guilty to the assault charge and opposed tho application for separation. Margaret Hynds, aged 69, a widow and mother-in-law of accused, said that at about 7.30 a.m. on September 7 accused had come into the room where sho was in bed, and after alleging that witness was the cause of all tho trouble between himself and his wife, had struck her and had later pushed her to the floor and kicked her. Constable Stewart said he found Mrs. Hynds sitting on the front steps, visibly distressed, and sho had later collapsed. Accused seemed excited and gave only rambling statements concerning the reason for the assault. Accused, in evidence, denied actually assaulting Mrs. Hynds. He said ho had only pushed her aside when sho threatened him. He considered his married life had been happy, except for occasional quarrels, and ho attributed these to the influence of his mother-in-law. "I have never been happy sinco my marriage in 1929," said accused's wife, Margaret Duncan, in giving evidence for the separation application. Sho said that her husband had frequently struck her and the police had been called in on several occasions. Her husband did not drink, but he had a violent temper. There wore two children. "Your wife's appearance shows that she has had an unhappy life for a long time," said Mr. W. 11. McKean, S.M., iri expressing the opinion that a separation would be in the best interests of both parties. The application for separation was granted, and accused was ordered to pay 25s a week maintenance. He was convicted and fined £4, in default 21 days' imprisonment, on the assault charge.