RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 939, 21 April 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. Vr\ Parkkr, Esq,, R.M.) A WIFE BEATER. Alexander Clydesdale was charged with having, on Saturday night, assaulted his wife, Margaret Clydesdale. Inspector Thompson prosecuted. Margaret Clydesdale deposed that on Saturday night, after eleven o'clock, her husband came home. He had had a good deal of drink, and sat against the door, and when she asked him to let her out he kicked her on the thigh. He refused to let her out several times when she asked him. She lifted the window blind, and he then rushed at her and hit her on the side of the head. She put out her foot and he fell on to the floor. He then got up and, seizing lier by the throat, attempted to choke her. She struggled and called for'lielp. Her brother Daniel came in and released her. She went outside and defendant followed her and tore her hair, and rushed her oq the street. He tore her hair, smacked her across the mouth, 3nd kicked her. He hurt her very much, and her body was black. Cross-examined by accused : You did injure me with your feet. My brother did not run in to injure you ; he came in to help me. He did not knock you ' clown. I did not tell you that I would destroy myself if you would not let me out. I have no bottle of poison in my possession. Daniel Young deposed that the last witness was his sister. He knew the accused, wl;o his brother-in-law. He called at accused's house on Saturday night between nine and. ten o'clock. He heard a noise, and ran into the house, Accused had hold of his sister by the throat. He "was standing in fronts her, and she was leaning backwards. Witness jmfc his arm round accused's lieck, and

took his hand from prosecutrix's throat Accused wanted to fight him, and he left the house. Prosecutrix followed him and accused came out and struck prosecutrix in the face, and kicked her about the legs. This went on inside the fence for nearly two hours. Accused was calling out at the top of his voice during the time, occasionally giving her a blow with his fist or a kick with his feet. He appeared to hurt her a great deal. Witness did not interfere because he was afraid of accused. Eventually the police came on to the scene, and took accused away. Accused cross-examined witness irt order to show that witness had called upon him to come out and fight, and that prosecutrix rushed between them to prevent accused striking witness.

Thomas .Tones gave evidence to tiie effect that on Saturday night he heard a noise in accused's room, and on going j u saw the accused with his hand on Mr s> Clydesdale's throat. The accused and his wife occupied rooms in his house. They generally lived amicably, and it was only when accused was under the influence of drink that lie created a disturbance.

Alexander Clydesdale, the defendant said that he went home, under the influence of liquor, at about, 12 o'clock. His wife wanted to go out, and he would not allow , her to do so, as she would not tell him why she wanted to go out at that time of, the night. She attempted to go out of the door, and she caught him by the whiskers, and he put his hand up to her neck to prevent her pulling his whiskers. This was the position in which the last witness found him. His wife's brothers then knocked him down, and on his wife interfering to prevent them striking him, ho believed she got hurt against the table. Her brothers left the house, and he followed them. His wife endeavored to prevent him fighting them, and he had caught hold of her by the arm, saying that he knew what he was about. On the brother challenging him to fight he went into the street. After that t\i> police took him into custody. His Worship remarked that the evidence given by the defendant was just the version of the affair that might have been expected from him. It appeared that tlio defendant had previously been bound over to keep the peace, but he had not respected that assurance, and he (his Worship) would have to look into the recognisances entered into on that occasion in order to see what steps should be taken in regard to them, and what means he could devise for, if possible, putting a cheek to these quarrels of accused with his wife. It was a pity that defendant and his wife could not bo separated, in order that their quarrels might not be constantly brought before the Court. He would remand accused, until to-morrow. I'IIOFASE LANGUAGE. Thomas Healey, for making usi? of profane language at Ngapara, within hearing of the public, on the loth April, was lined L2. Thomas Barrett, for committing a similar offence in Harbor ttreet, on the Bth April, was also lined L2. BREACH OP CORPORATION BYE-LAWS. Vincent Bond and .John Main were each find 2s for leaving their horses unattended in the public streets, his Worship stating that he inflicted such light penalties because the defendants had taken some means to prevent their horses bolting-