SUPREME COURT.

Timaru Herald, Volume XXX, Issue 1479, 18 June 1879, Page 2

SUPREME COURT.

TlMAßU— Tubsdat, June 17th. (Before His Honor Mr Justice Johnstone.) OIVIL SESSION. His Honor took his seat at 10 a.m. Francis Franks v. tbe Temuka Boad Bosrd —Claim, £3200. Messra Harper and Hameraley appeared for the plaintiff, and Messrs Garrick and Jameson for the defendants. The examination of witnofses m this case was resumed Evan Jones Volondor : I live m Temuka. I know tho plaintiff's browery. I was there m May, 1878. I took notico of tbe spring during tho mouth of May. It was sowago water. I tasted Boino of the beer, but the smollff it turned me ngainet it. The wuterlhat came from Rhodes' stream was perfectly clean till it joined the water that cimc through the cutting. Tlie sewage collected m a pool at the back of Vine street remained there until the cutting was mide. The cutting opened a passage for it towards the brewery. To Mr. Garrick : The formation of the Wiiitolii road, had there been no culvert made m it, would have prevented this sewage from going away, and it wouid hava romainod m this pool had not thc cutting beeu made to take it away. George Dyson : I am a commission agent m Temuka. I havo lived there about twenty years. I know the Waitohi road. The Browery creek goes through the flax by Marshall's paddock to tho Bivor Temuka. It does not go near Vino street. There wns ono large gully m the early dnys whicli flowed from where Wuroing'a storo is now, down by Quinn's Hotel. I did not see tho drain complained of until the othor duy. The Brewery creek gully had no connection with tho gully passing by Quinn's. When the Waitohi rosd was formed, a culvert was put m opposite Ihe stab!es. I know the pool atthe brewery, and never saw anything wrong witb" it, except that m flood timeß it was discolored. To Mr Garrick : Tlie gully by Quinn's Hotel did not connect with Vine street. His Honor nt this juncturo said that he thought the facta of tho case had already been elicited. He understood the case to be thnt fho Bo ird, by the forma' ion of a certain drain, pollutod the wuler from which the plaintiff obtained water for his browery. The water was admitted to have been pure previouel to this, except when a flood cuised it to be polluted. He understood this lo be the cardinal point of tho case, nnd that this point had been admitted, consequently he did uot think it was necessary to occupy the time of the Court and jury m hearing furthor evidence. Mr Garrick said that practically thafc was thecaso. He would admit the facts referred to by His Honor, and would allow the caso to go m that form to the jury, provided another opportunity wns afforded him to argue ths point ns to the legal responsibility of the Board. He would, however, wish to call evidence as to tho price of beer. Mr Harper agreed to this course being adopted. The following evidence was thon called for the defence : — Sauiuil Mavning, brewer, Christchurch, ttated tlut the price of beer m Temuka m Moy, 1878, was £4 10s per hogshead. He invoiced beor at £5, but the price wa3 £A 10a. By s.-lling it to privato persons, the price v.as from £5 to £5 10a. Tbe profit on a hogshead of beer was from ISs to 20a. Francis Ennis, brewer, Christchurch, gave similar evidence. His Honor having briefly addressed the jury they retired, and after an absence of about 20 minutes, returned with a verdict for the plaintiff for £192. TETITION JOB JUDICIAL SEPARATION. Boss v. Boss. This waa a case m which the petitioner, Mary Hannah Boss, prayed for a judioial separation from her husband, Daniel Boss, lately a farmer at Silverstre im, Mackenzie Country, on the ground of cruelty. Mr Hamersley appeared on behalf of the petitioner. There was no appearance of lhe respondent. The following evidence m support of the application was taken ; — Mary Hannah Bobs : I am the petitioner. I waa married to Daniel Bobs, the respondent, m Dunedir, by tho Boy. John Gow, a. Presbyterian clergyman, at Ihe houso of Thomas Moody, on the 4th of March, 1875. Dr John Gillies and Jessie Morriß were procent. I went- to live with my husband, who was at that time a sea captain, trading from Glasgow to tlie colonies. I first came out to New Zealand m the ship with him as a passenger; then went to India with him t thence to London ; thence to Glasgow, and from there to Dunedin. I was married to him before we sailed for India. When we came out from Glasgow the last time the respondent came out as a passenger and fettled m thia colony. We have three children. He began lo ill-use me after he bought a farm at the Silverßtream, m the Mackenzie Country, which was, I think, m 1877. We went up there to lire. On the 15th November, * 1877, while there, he assaulted me badly when he was under the influence of drink. He was m the habit of getting drink, and he always Jill-used me when he was m drink. He was m the house when, he assaulted me. He got the worse for drink when m the honse. Before assaulting me he said to me that I should have put some cattle ont of the garden. I did not fay much m reply to him, as I was too much afraid of him. He also said thafc I should look after things better,. tbst I was no use on the farm, called me namea, and struck me on the face with his fists. He aho said that he wished be had not married me. He ill-used me very much. I did not stay m the house thst night. When he wenfc to sleep I took mj baby and went to Mr Kimbell's, Three Springs Station. The blows hurt me and left marks. Several of my teeth were knocked out. When I went to Mr JKimbell's I asked for protection, and I remained there for a few hours. When my husband woke np he followed me to Mr JKimbell's. He did not aik me to come back. He asked me to show him my face, arourd wbich I had a thick worsted scarf. My face was very much swollen. When he saw it he did nofc make any remark, nor d'd he seem of all sorry for what he had done. He then took the baby out of my arms and went away. I followed him to get the baby from him, but he took out a loaded pistol, which be was m the habit of carrying about with him, and presented it afc me. I then went back to Mr Kimbell's place, and laid an information against him with Mr Kimbell,

wl'O i-n a Just'co i.f the Fece. Tii' c. ;c Wl3 heard m Timaru, v. hen ho pleaded guilty and was let <fF, ns I agr< rd to forjive him if be guve the child' o-i to me and allowed mo £1 p.r week He piid me the £1 por week for about cix weeks, during wh:ch timo he often cairn- to f.co inc. He promised to givo up drink, and I went to live with him again for about a yenr. Duririg that year he ill-use I nic worse thnn be ore. On lhe 9th of Si-p'embcr, 1878, he beßt mc severely wiiile I had tho baby mmy arms. I «»« g ing to leave the room, whci lie sa-d Ihnl I wing-iing lo run away aB belon-, ani thai he would finieh mo. Jun, n-. I ku:. running out of ( >ic floor he caught hold of the b iby. I screamed out tor my stepdaughter, who came to my assist-aiK-e, and wo got Iho baby away from him bctwei n us. The buby was a little ovar two months old. I then went away to tho Silverstream Uotel, a* I was afraid that my husband would kill mc. Tho next day ho came to tho hotel, and asked me to como home. I told him tlmt I wbs afraid of my life. Hs twisted my armß round nnd throw me on hiß back near the verandah of the hotel, lie carried me for a little w«y, then lot mo drop, and dragged mn along tho road for about a ohain ond a-half. Three men came up, and Baid that they would nol nl'ow him to ill-ueo me any further. I was attended to by Dr Macintyro after that. After tho threo men came up, ho returned to tho hotel to get a trap to take me home m. I went to the Three Springs Station, and Blayed there till a sergeant of police came, and then left wiih the eerjjeant aud came to Timaru, where I luid an information ac.ainsfc my husband. The ciibo was heard, and my husband wbs bound over to keep the penco I did not again go back lo live with him. Ho nskrd mo to go back to live wilh hitn, but I would nofc trust him after ho broke his promieo tho fir=t time. Ho lived on tho farm for about two months after that. I got an order f>r the custody of the children, lie did not support the children. He has left the colony, 1 believo. He hss etill thirty acres of land ot Silverstream. I believo ho has gone to England. Ho was about forty-one yeai-B of ago, and I was twenty-flvo when we we-n marriod. As a ship captain ho was tome'imrs rough m his manner to hia men. Ho was not m tho habit of i'l-u-ing his children, but thoy wero too young to be m his way. Thomas Moody : I am a land and estate agent, residing m Dunedin. I was present at the marriage betwef n tho petitioner nnd tho respondent. I was one of the witneasee. Tliey wero marriod by tho Rev. John Gow. Jessie Morris : I was one of tho witnesses at the marriage of the petitioner with Iho respondent. Dr Patrick Mncintyre : I attouded Mrs Boss m November, 1877, at the Timavu Hotel. She was then vory severely bruis d. Her right rye was nearly clo c 1 up, and ono or two ol her teeth were knocked out. She wns under my care for about a week or len dayß. In November of 1878, 1 remember again attending her, m consequence of her having beon badly injured. Ido not consider thnt naturally tho is vory strong. I met her husband once. He i 9 a powerful mini. Inspector Pender : I remember Mrs JRo? s coming to my offico with her brotbei- m November, 1877, to lay a complaint against her husband. The cuse was heard, and her husband pleaded guilty. In November, 1878, she again laid a complaint against him. I have scon tho petitioner's husband, irho is a big powerful man. Thomas Winter: I keop tho Silverstream Hotel. One night m November, 1878, at about half-past fen o'clock, tho petitioner came to my hotel i'or protection. X ko next morning her husband came to thc hotel, und carried her awuy on his bae'i for come distanco, and then dragged her ou the road, when thrte men cume up aud slopped him. He came back to Iho hotel for a buggy, and his wifo went away to tho Threo Springs Station. His Honor granted the petition. LICENSING CODJRT. TIM AR'U.— Tuesday, Junb 17th. (Before JR. Beetham E;q., R.M., Cliairman, H. Belfield, Esq., and T. W. Hall, Esq., Licensing Commissioners.) Thc adjourned aitling of the Licensing Court for tho Timaru, Levels, and Mouut Cook districts, was held yestordiiy, m thc Eesident Magistrate's Giurt. BBNEWAT, OB LICENCE. The only case beforo tho Court waa the adjourned application of Mr W. O' Bryan, for a renewul of tho licence of the Albion Hotel. After boiuo consideration, tho Chairman asked Inspector Pender whether tho shutting up of the hotel would cause any inconvenience to tho public. Inspector Pender eaid he thought a certain clasa would bo inconvenienced. Mr Hamersley eaid ho hud witnesses to prove that it wouid cause an inconvenienco to working men. The Chairmau said that cines had as good a right to claim accommodation u.i nny other class m the country. The Court desired to know how many men the hotel could accommodate. William O' Bryan, lho applicant, on being sworn, ttated that he generally accommodated from 18 to 20 men. Tlio Chairman said that under the circumstances the Court would renew tho licence, but wished Mr O'Bryau to understand that immediate Bteps should be taken to build a better house, and have it better conducted. The licence wus renewed m consequence cf the statement oi the Inspector, lhat . the public would be inconvenienced if the house were shut up. The Court then roa-. 1 .