SUPREME COURT.

New Zealand Times, Volume XXIX, Issue 4241, 23 October 1874, Page 2

SUPREME COURT.

SITTINGS IN DIVORCE. Thursday, October 22. (Before His Honor Mr. Justice Johnston and a Special Jury.) DUNN V. DUNN. Mr. Travers appeared for the petitioner, and the Attorney-General and Mr. Moorhouse for the respondent. This was a suit brought under the -provisions of the Divorce Act of New Zealand by Sarah Anne Dunn for a judicial separation from-her husband James Dunn, on the ground of cruelty. Mr. Travers opened the case at some length —a narrative of the whole particulars of the case—and read numerous letters from the respondent to the petitioner, most of which were of great length, and referred chiefly to the petitioner’s family, more, particularly her mother, who was much abused in almost every one. He then called the following evidence in support of the allegations ; Sarah Anne Dunn, sworn, stated : I am the daughter of the late Mr. McManaman, of Terawiti, and am twenty-six years of age. First knew Mr. Dunn twg years’before I was married in 1871. We were engaged four months before we were married at my mother’s house at Terawiti. I came to respondent’s house in Wellington after the marriage. There was no one living with us for the first week, but after that his mother came. We lived happily for about three weeks, and after that very unhappily. On one occasion I went to Terawiti with him and spent Christmas there. We returned on Boxing day. When I came home his mother was in a great wa y, and abused us both, and said I was a bad wife because I had shut the door one day when some-visitors had called. , He didn’t take any notice. She left the next morning; she told me that when I knew as much about my husband as she did I wouldn’t care so much about him. After that one of my younger sisters. stayed with us for a few weeks. During that time we had no unpleasantness, One day he said he had been to see his mother and she cried over him, because I had married him for the convenience of my friends and didn’t care for him, and that we all thought so much of our mother that we had made all our property over to her. After a little time he brought his mother back. I was not very friendly towards her. My husband said I was to take my sister away, and he went to the office, and his mother wont out with him. As he left, in passing the window, he shook his fist at me. He returned about half-past six with a gentleman. After the latter left, he said, you have not sent your sister away. I said I had not had time. He told mo I was to take her at once to Mrs. Mowbray’s. This was at half-

past nine at night. I left with my sister, and took her to Mrs. Dougherty’s. I got back about eleven. Before I left I said, If you turn my sister out I need not come back, and he said,. Oh, very well. When I came back with Mrs. Dougherty he said, I didn’t expect you hack. He said after that none of my friends were to come to his house. My mother came and spoke to him about turning" my sister out. After that he was sometimes very kind, but sometimes,he would come home very sulky, and would not speak. The reason he objected to my mother coming was that it was not to his interest to he friendly to my mother because sire would not sell her Svool to the firm by whom he was employed. For some time before my confinement he was very often sulky, and would not speak for three or four days at a time. In these sulky fits he used to ■sleep on the sofa, and was often absent until twelve or one o’clock in the morning. He used to say what d—d wretches my mother and family were. I had no assistance in the house-work ; I did it all. When I was unwell I asked him for assistance. He said other people could take care of themselves, and so should I. I cried and fretted a great deal. He once came home and said, how can I believe tlie child you are going to have is mine, when you are so deceitful about your sister’s visits ? I told him I would not forbid my friends to come and see me. He used to taunt me about going to see friends, and forbid me to see any of them. He was sometimes affectionate, and he then would abuse me, principally about my friends, chiefly my mother. When I was very ill and asked him to send some one to me, my mother came. She told him he would have to get some one to he with me. He said that I was all right, and it would not he for a long time, but at last consented that my sister should come. All the winter he refused to. let me go to any amusement. My sister stayed a mouth, and another came for a month. He used to say it was all sham. I was not strong enough to rise, I was confined about the end of December. About ten days afterwards I was moved on to the sofa, and I remember Mr. Dunn coming home and telling me to come to dinner. He caught hold of my arm, and tried to pull me up to the table. He seemed in a temper. I begged him to let me stay, and he desisted. After that, he never spoke to me , for three days. The nurse remained with me for three weeks, when he told her to leave. While I was ill, Dr. ICemp ordered me to take port wine; but my husband did not supply it. After my sisters left, I had no assistance, and did all the work. I felt very weak. I was unable to nurse my child for more than a month. In the following winter, I asked him to put the washing out ; hut lie refused. I was always in dread of his conduct. He gave up the house, as he was going to build another, and I went to my mother’s at TerawitL He' did not come to see me; but when I had been there about three weeks, he wrote to me to come and live with his mother in a small t\v,.roomed cottage. I said I could not, as I could not live with his mother again; hut if he would get me two rooms- somewhere else, and get me some assistance, that I would come. I was then within three months of my second confinement. He said. that I was to come bade, and I came to town and called at his mother’s to see him. He said I was his wife, and should not have a thought but his. I said I could not live with his mother. He said if I went back he would not have me again. I could not live with his mother, because ho had told me that she was the reason of setting him against me. I went back to Terawiti. Some time after, I was lying down in a bedroom a my mother’s house, when I heard some one ■speaking outside on the verandah. I got up and looked out, and saw my husband with the baby in his arms. I went out, and he said I was to come home. I had no boots on. I asked him to give me the baby. He caught hold of me, saying I was to come home, and dragged me along. The baby was screaming,. and my mother came out. • My husband said to her, if you interfere, I’ll knock your brains out. He was very much excited. I took the baby from his arms. A man then came and said, Mr. Dunn, if you had come quietly, I have no doubt your wife would go home with you. We went into the sittingroom then. In a little while my sister came in. Mr. Dunn told my mother that he would put her out of the house, that she had no right there. My sister and mother asked him-, to he quiet, and my sister asked them both to speak quietly. My mother then left the room. I was going out of the room when he jumped over the table and caught me by the throat with both hands. My sister caught his arm. His fingers left blue marks on my throat. My sister screamed when he caught hold of me, and the man came and told my husband to take his hands off me. I next remember finding myself in a bed, my sister bathing my face. My husband was present, and again said that I was to come home. I said that I was not able then, but if he would wait till the morning perhaps I would be better. He, did not wait. I was very ill for weeks afterwards. He wrote to me in the following January. I did not see him again until May. My second child was born in March. My husband sent Mr. Paterson for me in February, but I said I was not able to bear the journey. Mr. Paterson then said he could not ask me to go if I was not able. I wrote to my husband as soon as I was able, and told him that the baby was bora. H '

May Mr. Paterson came again for me, but' ■_ said I would rather not go back after the letters my husband had written, and the way he had behaved. I went and saw Mr. Dunn, who was waiting a few miles off. I asked him to let me live away from him and keep the baby. He said no, he would have the children. I afterwards consented to return with him and did so. I told him he could not care for me, or he could not have written and behaved as he had done. Mr. Dunn’s mother was at the house when we returned. I asked him for assistance, and he said he had to work and so should X I told him I was not able to do the work. He said other people could and so should I! The next morning he told me that neither my mother nor any of my relations should come to see me because I had not come back when he sent for. me. I said, I don’t suppose my mother will ever come inside your hoYise after what you have said of her; but I suppose I can go to see her. He said, No, if you go to see her you • shall stay. I said, I suppose I can see my brothers and sisters. He said, No, not one of the wretches shall come into my house. The third day he came home and said in a taunting manner, Well, Sarah, have you seen your mother—the-old Jezebel? He said-M was beholden to his mother, and if he died I should only see the children through her. When the boy cried he used to say it was through letting me go to see those wretches. When I asked him again to let mo have assistance he said I was a lazy wretch. Once he called me, a dirty brute. One day Mrs. Mowbray came to see me. Next morning he said he would not allow her to visit me; she was a friend of my family I said he would have to tell her ; I would not. Afterwards he said, I’ve settled the Mowbrays ; they won’t trouble you again. He used to quote Scripture to me. He once said, “ Verily, verily, out of the muck of the land cometh she.” He would first say nasty things about *mj friends, and then want me to kiss him. He used to say what a wretch my mother was, and my sisters were little better. He was continually like this to me after my return until our separation. One day when Mr. Paterson was coming to christen the baby and I said I was not prepared, he said to the eldest child, “ What a bitch your mamma is.” The baby,was christened that day. Mr. Paterson asked us all' to dinner the next Thursday. My husband did not speak to me again that night, and did not sleep in my room the following Wednesday night. The next Thursday evening when he came home he asked me what' had become of a photograph of mine that used to lie in the album. I said I had sent it to my sister. He said that I had no right to do so. I replied that I thought it was mine. I said, I don’t think you value the original so much. He said, I used to, but I hate you now. You are a dirty wretch to leave the house in this way. I said I did the best I could, and he would not allow me any assistance. He again called me a dirty wretch. Ho said, I’ve burnt your album. I was very much vexed, and said, If you call

me any more names I’ll throw this milk over you. I threw the milk over him, and he said, I’ll kill you, and sprung up. I moved back to the comer. He beat me over the head with his fists, tore my wedding ring off my finger, and knocked my head against the wall. I escaped and he followed me, and I got into the bedroom. He came to the door, but I held it. I was much hurt. My head was swollen, my eye black, my lip swollen, and my side very much bruised. 1 went to Mr. O’Shea s. Mr. O’Shea sent for the doctor. I afterwards laid an information against my husband. I did not get my children until Mr. Atcheson went with me for them. When I was with my husband he used to say I wanted to go back to the pigs, and that if it had not been for Mr. Paterson he would not have had me back. I have had conversations with members of my family about myself and husband. None of them ever advised me not to return to him. They advised me to return to him.' They never tried to turn me against him. My mother used to tell me to give in, and he would perhaps become better. My sisters used to advise me the same, saying that if I was kind to him ho might become kind to me. My mother never asked me to make over property to her either before or after my marriage. There was no settlement made on my marriage. When I was living in my mother’s house, before ray marriage, I was very kindly treated. Wo were all on very affectionate terms. I have never seen anything in my mother’s life to diminish my respect for her. I never knew of any unhappiness between my mother and father, during the latter’s life. Soon after we were married, and whilst my sister was staying with me, I wanted to buy a pair of hoots, and •my husband said he would go down with me in the. R eveuing. I waited until about 6 o’clock, and he then said he would not go, and said I was not to go farther than Manners-street. I went farther, and got a pair of boots, returning immediately. When I came back Mr. Dunn did not at first speak. He then asked why I was so long away. I told him where I had bought the boots. He then said he would bum them. He afterwards told me that he had filled them with kerosene, and burnt them. I saw the remains of them afterwards. In about, a week he replaced the hoots. If any one called during the day, he used to hum their cards in the evening. Cross-examined by the Attorney-General— The evening the hoots were burned, I think Mr. Hutchison called. I knew him formerly at Terawiti. He was single then. Ho did not come to see me, but to see Mr. Dunn. I don’t think Mr. Dunn objected to Mr. Hutchison’s visit. He did not say anything about it. He gave no reason for being sulky. I don’t remember him saying that he would not go walking with me and my friends. Mrs. Dougherty’s daughter used to come and see me, but I don’t remember whether she was there that afternoon. When I returned from Terawiti in May it was with the intention of living with my husband as man and wife. I did not refuse my husband. I took the children to bed with me because there was no other bed for them. My husband asked me, I think, to make up a separate bed for the child. I made up a separate bed for my husband in another room. The night before lie struck me he took me on his knee and attempted to kiss me. I did not slap his face. I did not kiss him. He had spoken of my father the same day as a low drunken blackguard. He kissed me, and I struggled to get away from him. I don’t remember that he attempted to kiss me during the previous ten days. I said that night that I thought it a sin for people like us to have children. I returned from Terawiti in May in a carriage. My sister came to bring me some of the children’s things back from Terawiti. During the last ten days I did not send any of my clothes to my mother’s. I allowed some of my children’s clothes to be taken out of my husband’s house, because if he treated me as he had done I was going to run away from him. The clothes were not any that my husband had bought ; they were what my mother had bought and given me. My brother or sister never took anything out of my husband’s house. Mrs. Dougherty took the children’s clothes away. My mother never advised me before the separation to part from my husband. She told me she had been to Mr. Travers for legal advice ; but it was at my request. The day my husband ’tried to choke me, my mother said I might as well be dead as married to him. It was not till after Christmas that he objected to my brothers and sisters calling. One time my mother sent me a single bottle of ■wine, that I might offer visitors a glass when they called. My husband objected, and threw it out. There never was gin sent into the house. I had never previously asked my husband to have wine in the house. No spirits or wine were ever sent in. My mother never advised me to rebel against my husband. She spoke to him about turning my sister out of doors. When my husband came out to Terawiti and caught me by the throat, we were not on different sides of a fence—and I did not hurt my throat on a fence. My mother did not abase my husband at that time. Before I was married I lived at home and was strong and well. I used to assist in the house work. I have assisted since living at my mother’s this last time.

Hannah McManaman, sworn, stated : I am the mother of the petitioner. I had known the respondent about two and a-half years before he married my daughter. I never objected to him as a suitor for my daughter. When they visited me the Christmas after the marriage, I did not notice anything particular in their conduct. I used to come in to Wellington about once a fortnight, and always went to see my daughter. I have heard some letters read from Mr. Dunn to his wife. There is no foundation for some of the imputations contained in them as to the state of our household. It was always happily conducted. Some little time after my daughter's marriage, I noticed a great change in her ; she was nervous and unhappy. After Boxing day my youngest daughter went to stay with her sister. When I heard she had been turned out by Mr. Dunn, I went into town to take her home. I said it was very unkind of him to take my child to his house, and then turn her out. I also spoke about his burning his wife’s boots. 1 saw that my daughter was unhappy with her husband, hut I never interfered. I always advised her to try to win him round. I saw her shortly after her first confinement, and she was very low and weak. The nurse told me that wine had been ordered for Mrs. Dunn, and that I must get it. I said I did not like to interfere, lest Mr. Dunn should be angry, but I did provide some port wine. When my daughter was first married, she said that when people called she could not offer them a glass of wine, so I sent her a bottle of sherry. I never sent any spirits to the house, or any hut the two bottles of wine mentioned. My daughter afterwards went out to stay with me. Whilst with mo her husband wrote to her and wanted her to go in and live with his mother ; hut she did not. One day when I was at the back of the house I heard screams, and I ran round to the front and saw Mrs. Dunn being pushed through a little gate. She had no hoots on, and had not been well for some time. As soon as I came on the scene, Mr. Dunn held up a big stick and said, If you interfere, I'll knock your brains out. I rushed back, and then a man came. My daughter afterwards induced herhushand to come into the house, and as we were going on to the verandah he struck mo on the hand with a stick and drew blood, saying, You’re a wretch. I afterwards went into the sitting-room where my daughter, and Mr. Dunn were. He said ho would put mo out of my house. My daughters tried to reason with him. His wife was scarcely sensible. I then went out of the room, and afterwards heard screams and rustling in the passage. I rushed in. Mr. Dunn looked very much excited. He wanted his wife to go home. I said she could not go home that night, as she was hysterical and almost insensible. I said when ho was pushing her about that I would rather bury her than that she should be ill-treated tho way she was. I never advised my daughter to rebel against her husband. After Dunn left, on the night on which he caught my daughterly tho throat, I thought she would not live until tho morning. Her throat was black and blue for a mouth afterwards. Cross-examined : I advised my daughter not to go and live with her husband's mother. I did not tell a person named McLeod that I

would rather see my daughter dead than live again ■with her husband. I lived very happily with my husband. I consulted a lawyer about my daughter’s position, as to whether she was bound to go hack to live with her husband to be ill-treated. This was before her first child was born. I consulted Mr. Travers about the matter after Mr. Dunn struck me at Terawiti. David Ashdown, sworn, stated : I remember in the month of January last, when Mr. Dunn came out to Terawiti, I was working in the kitchen when I saw Mr. Dunn come from the front of the house with a child in his aims. Ho asked me where his wife was. He went to the front shortly after. I heard screams and cries in the front. I went round and saw Dunn with his hand on his wife’s throat, and a stick in his other hand. The child was in his wife s arms. He let her go when I came up. They all then went into the front room. Soon after I heard screams again, I ran in and saw that Dunn had hold ef his wife’s throat with his hand. I told him they had better talk over the matter quietly,’ and I then went away. I saw his wife two or three days afterwards, and saw marks on her throat.

Cross-examined ; I did not hear anything said about Mr. Dunn having hurt her throat on a fence. The grip that Dunn had on his wife the second time was similar to the one on the first occasion. I did not know what they were quarrelling about. Mary McManaman, sworn, stated : I am sister to the petitioner. I remember Mr. Dunn coming to Terawiti some time in January. I was not in the house when he came. When I arrived I found him in the sitting-room with my mother and sister. Mr. Dunn was very excited, and my sister was ill. I saw that there had been some disturbance. I asked him why he did not come quietly. My sister was nursing the child, and got up to leave the room. Mr. Dunn jumped over the table and caught her by the throat with both hands. I seized one of Ids arms and screamed, but he still held her by the front of the throat. After the affair I saw severe black and bine marks on her throat. When I screamed David Ashdown came and told Mr. Dunn to take his hands off his wife. My sister was very ill after this, and was hysterical. She was laid on the bed, and her face bathed. Mr, Dunn wanted her to go home, hut it was impossible for her to do so, she was too ill. Before this occurrence I had advised my sister to go back to her husband, but I did not do so after seeing him so violent. Before my sister ’was married she was lively and amiable, hut afterwards she was much quieter and very nervous ; she was also very weak. Sarah Dougherty, sworn, stated : I acted as nurse to Mrs. Dunu on her first confinement, as a friend. I had known her since she was a child. Before her marriage she was lively and good spirited. After her marriage, and before her first confinement, she seemed to be always fretting and very much worse in health. After her confinement she was very weak indeed. Her husband was impatient for her to get up. About a fortnight after her confinement sho was moved on to a sofa in another room. Mr. Dunn came in and tried to take her off the sofa. I left the room, hut heard her say, Oh ! don’t. He did not speak to her or go near her for days after, I was • three weeks with her altogether, hut when I left I did not consider her fit to be left. Mr. Dunn requested me to go. Herbert Mowbray, sworn, stated : I am eleven years and nine months old. I was at Terawiti in January, when Mr, Dunn came out there. I saw Mrs. Dunn in the doorway of the front room with the baby in her arms, and Mr. Dunn with his hands round her throat. Miss McManaman caught hold of his arm and screamed. Ashdown then came and told Mr. Dunn to leave his wife alone.

The Court adjourned at 6 p.m., until 10 o’clock next day.