CHRISTCHURCH.

Star (Christchurch), Issue 2039, 19 September 1874, Page 2

CHRISTCHURCH.

This Day, ," ' (Before 0. 0. Bowen, Esq., B. M.) Dbxtnk and ; Disobdebivy.— Robert . Park, arrested by Constable Wallace, was fined 10s. — Jesse Green, arrested by Constable Beck, was fined 10s. ■ ■ ■ DBTJNXENNEBS AND INDECENCY. .-— John Watoon, arrested by Constable- Merriok, for being drunk and indecently exposing himself in a public thoroughfare we* fined 203. Violent Assaum. — Wm. Falloon was charged, on remand, from Friday, with having violently p~saulted his wife, who desired him t) be bound over ti keep the peace towards her. Mr Thorns now appeared for the defence, and said he desired to re-call the boy who was examined on the first day. His Wo.-> ship said the case had been adjourned with - <, view Co hearing the evidence of Mr Seag-2, and any witeßseß accused might desire to call. After the former had been heard, Mr Thomaa might re-examine any of the witnesses who . gave evidence on Friday; E.- .W. SeageiVt Superintendent of the Lunatio Asylum, said * complainant had been in the Asylum three times, the last occasion being in June, 1872, when she was an inmatd for about four months. During that time she was frequently violent while insane, but when sane she conducted herself in the ordinary manner. ' Accused £ wjquently called to see her. He wr\3 very kind inhia manner, and appeared fond of her, generally bringing presents with him.; Complainant also appeared fond of acouicd and ". was very anxious to get back to her home. She never complained of his treatment of her, but there seemed to be a gocd feeding on both sides. Complainant was, however, a woman who required a great d^al of consideration, owing 'o her general hcrlth of body and mind. By Mr Thomas : Complainant wbt always anxious to see accused when he called. He frequently brought her presents of fruit. Witness never heard her complain of accused in any way. She had been three times in the Asylum — once in 1865, once in 1867, and again in 1872. Inspector Buckley said, a woman named Peterson had come forwai'd, and volunteered to give evidence in the case. Thh witness, called, 6aid she knew- accused and his wife, when they resided at Southbridge. One day the boy came to witness and told her that complainant was about to be coffined, but had neither doofcor, nor nurse in attendance. Witness went over and was told tfcat accused had refused to send, either for a doc Lor or a midwife. The child was bora when witness arrived. When accused came in, she asked him to go and speak a kind word to complainant. After a time he went to her, and witness heard him say : " Are you not de3d yet ? So help my Gcd, you shall go to -<he Asylum again aiid not come out for a long time." By Mr Thomas : She could not say if the child was born unexpectedly ; nor whether accused had arranged for the services of a midwife. Witness was not the nearest neighbour. When the boy c.me, he told her he had been for other people, but they would not go. Accused could not have sent fo: witness, as she was not a midwife. She hal never acted in that capacity. She stopped ien or eleven days at the house, and when sht left, accused declined to pay her account. He had not paid her since. By the Bench : She was quite certain that she leard accused make use of the words towardi complainant that she (witness) had stated to the Court. On one occasion witness ordered accused out of the room for his treatment d complainant. She (witness) had come forwird entirely of her own will to give evidence. She knew nothing ol the case until sha saw it in the papers on Friday evening, and taen she thought she would not be doing right .i she failed to come and say what she couH for the poor woman. Re-examined by Mr Thomas : It must be more than three yean since the affair I have referred to occurred. I cannot give the exact date. Complainant recalled by the Bench, said she remembered fie time referred to by last witness. She wis very ill all the night, and asked accused to go for the midwife he had previously sp<ken to, but he would not. She got up to prepare breakfast for thd men, but after putthg the kettle on, had to lie down again. Accued ordered her to get up and finish preparug, breakfast, but she told him she was very illand not able' to do so. After some delay, acsused got up and prepared breakfast himself, When he had done this she said to him, "Oh, for goodness Bake, go for the doctor or tie midwife ;" but

his only reply was, that there would be four men home to dinner, and she was to be sure and have it ready for them. He then went out, and she sent her child for the cowboy, to sea whether he had gone for the doctor. The boy told her he had gone away to work with the men, and she thereupon sent the boy for assistance. A Mrs M'Connell came first, and after the baby was born, Mrs Petersen came. The latter sent the boy for accused, and when he came he commenced to feed the calves instead of coming into the house. She did not remember accused making use of the language stated by Mrs Petersen. By Mr Thomas : This occurred four years ago last February. She had not lived on amicable terms with accused since then, as he was alwayp cross with her. He used to call and see her at the Asylum, and sometimes he treated her kindly, but he mostly upbraided her. She was always anxious to return home, because she always loved it better than any other place. She never complained to Mr Seager about accused's general treatment of her, because she was ashamed to let any one know how ebe had been used. When accused came home on Monday last, he appeared as if he had had drink. She refused to make up a bed for his friend, because she could not do so withouttaking blankets off herself and children. When she declined, he called her a b h, whereupon she called him a drunken sot. Complainant then repeated her former evidence, as to accused standing over her bed and saying " I could kill you," also as to him pushing her out of the house and saying if she came back again he would cut her throat, op burn the house down ; and as to him knocking her down about five years ago, her son, who is now nine years old, was present, and remembered the affair. The boy was called, and being cross-examined by Mr Thomas, corroborated bis mother's statement of what took place on this occasion. He said he remembered the; affair very well, and in reply to questions, stated where the. house was "in which it occurred and the number of rooms in it. He said his father knocked com? plainant down with his fist, because she was Blow in getting tea ready. He admitted however, that complainant had been talking to him lately about the affair. She had asked' him if he remembered it, and told him that his father had knocked her down, .Robert Falloon, brother to the accused, was called, and Baid accused was always very kind to complainant, and he had never seen or heard of him ill-treating her. She was, however, quarrelsome at times, and used bud language to him. Accused had not been drinking lately, but had been up country working. Complainant was a very nice woman when in her right mind, but on other occasions carried on very, badly. One day while at witness' house, she ate up all the egga on the table — six or more — and wou»d not let witness' wife or children have any. At another time she had tried to lock witness' wife and children up in a room, and threatened to throw them out of the window. Mr Thomas addressed the Bench on behalf of his client. His Worship said, with respect to the poison referred to in the first day's hearing of the case, the Bench were quite satisfied with . accused's explanation that it was only intended for removing proud flesh in the foot of a lame horse. With regard to the alleged assault op Monday last, there could be no doubt that if it had stood by itself, the Bench would not have looked upon it as a very serious matter ; but he must say that, oh the evidence before the Court, there had been cruel treatment, and the delicate state of complainant's health and mind made, it still more cruel. There was the evidence of the police that accused had been in the habit of staying out late at night and associating with bad characters, added to which the evidence of Mrs Petersen, who had only come forward because she saw the case reported in the papers, was moßt deliberate and distinct upon every point. In a case of this kind, where sureties of the peace were asked for, the Benoh were bound to hear evidence as to accused's general conduct, and it mußt be said that such as had been given showed the case to be a very bad one. Under the circumstances, there was no wonder that complainant had to be sent to the Lunatic Asylum. Such conduct as the accused had been guilty of, when his wife was in a very delicate state of health, was in itself sufficient to send her to the Lunatic Asylum. Accused would be ordered to find two sureties in £50 each for keeping the peace towards his wife for twelve months. Mr Thomas said he was afraid the amount would be prohibitive, but his Worship said the Bench could not reduce it. His Worship then cautioned complainant always to be most careful to avoid the use of provoking language towards her husband.