RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 445, 1 October 1877, Page 1 (Supplement)

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Bafore T. W. Paxkkr, Esq., R.M., and Dr. Smith, J.P.) SEPARATION. Elizabeth Jane M'Cluskey applied for an order for the protection of her earnings from her husband, William M'Luskey, on the ground of ill-treatment. Mr. O'Meagher appeared for the plaintiff, and said that he had been led to believe that the defendant would consent to the order, but he now refused to do so. Defendant said he thought the matter could be settled out of Court. Elizabeth Jane M'Cluskey, wife of the defendant, said she had been married Beven months. On the 3rd September, after retiring to bed, her husband commenced speaking about some young ladies in an indecent manner. He said that indecent transactions had taken place between him and them. The night following he came home and tried to pull her (witness) out of bed, and commenced beating her, hurting her very much, the blows leaving black marks. Witness then rose, and went into the kitchen and laid on the sofa there. He followed her to the kitchen and commenced beating her again. Her father and mother got up, and her mother saw him beating her. She was living in her father's house. On the 26th September her husband again ill-treated her. Her husband had beaten her three days after they were married. The defendant cross-examined the plaintiff at some length in order to show that he had been ill-treated by her, and that she had thrown the silver candlestick, the snuffers, and sundry other articles at him ; that on one occasion when he struck her she threw a knife at him and struck him in the cheek. ' To Mr. O'Meagher : On the occasion of her throwing the knife at him, he had beaten her and accused her of infidelity. On one occasion, after, her husband had beaten her, she had Dr. Fleming attending her for a fortnight. Jane M'Millan, mother of the complainant, gave evidence to the effect that the plaintiff* and defendant had not lived amicably together. The week after their marriage, the defendant had beaten his wife. On the 4th September, she heard a noise, and got up and went into the sitting-room. The defendant was pulling the plaintiff, who was on the sofa, by the hair. On the following day, witness saw defendant strike his wife at the breakfast table. On the 26th September, the defendant knocked his wife down, and then said he would beat her when he liked, and would break her arm. Since this case had been started, the defendant had said he would swear to things about the plaintiff that would make her ashamed to walk through Oamaru. The defendant cross-examined the witness at some length, in order to show that the plaintiff had ill-used him ; but the statements of witness went to show that the plaintiff had only done so in selfdefence.

This was the case for the prosecution,

The defendant, William M'Cluskey, made a long statement, going minutely into the whole of the family quarrels, and endeavouring to show that Lis wife had been equally to blame. He acknowledged to having frequently beaten his wife, but Baid he received provocation. He said the case had been brought up because he would not live in the same house as his wife's father and mother, his wife refusing to live with him in a house of their own. • His Worship said he would take time to look through the evidence, and adjourn the case until to-morrow morning. STRAY HORSES. John Oogvin and Samuel Smith were each fined os. for allowing horses to wander at large. DRUNK AND DISORDERLY. James Fleming pleaded guilty to having been drunk and disorderly in CoquetBtreet on Saturday night, and was lined 10s. Hector Beaton pleaded guilty to having been drunk and disorderly in Severn-sti-eet yesterday afternoon, and was fined 205., with the option of going to gaol for three days.

DISORDERLY CONDUCT. John Connell and William Smith were charged with fighting in Thames-street Bhorcly before midnight on Saturday. The defendants pleaded guilty to having been "skylarking." The prisoner Smith was also charged with assaulting and resisting Sergeant

Beattie in the execution of his duty. The prisoner denied the charge ef assaulting the police, but pleaded guilty to having resisted Sergeant Beattie, and said he did so because he did not know who had hold of him. The prisoner John Connell was discharged, and Wm Smith was fined 405., with the option of going to gaol. BEEACH OF CORPORA i lOJf BYE-LAWS. Charles Hughes, charged with leaving his horse and cart unattended in Thamesstreet on the 22nd ult., was fined ss. j