WOMAN AND A BOY

Dominion, Volume 12, Issue 211, 31 May 1919, Page 3

WOMAN AND A BOY

CHARGE OF CRUELTY A PECULIAR CASE A case of an extraordinary nature was heurd by Mr. F. V. i'razer, S.Ji., nt the Magistrate's Court yesterday, wiieu Mrs. Ellen Purvis was charged with having cruelly ill-treated a child named Beuueu l'urvis, 12 years of age. Mr. C. B. O'Donnelt appeared for the defendant, who pleaded not guilty. , Sidney Wilson, oi UJ King Street, said that no had to get up one night to prevent the defendant from striking the child. The boy was crying out "Murder! and appeared to be getting thumped. -Ja a eubsequeut occasion witness temonstrated with defendant for ill-treating the boy. She- replied that he was in. aht ana she was trying to get him out of it. 'Iho trouble generally started about half-post uine at night, and continued •sometimes until midnight. Of course the woman was not thrashing him all. the time, but eho was making use of filthy language. I'aeee occurrences happened two or three times a veek. Witness also stated that he hail seen a man going to the house, but he could Dot say whether he was a boarder or not. ■ ' Replying to MivO'Doimell, witness eaid that in a little over two months the boy had been beaten a dozen times, excessively so on more than half the occasions he had mentioned. The child used to scream .loudly when undergoing punishment. Tho boy was not well dressed, and had to do his own washing. Witness said the chile, had been beaten on one occasion for ai> hour and a half without cessation. He had not actually seen the child being punished, but judged that he was being struck by tho bound of the thumps. The boy was accustomed to go about-with only n shirt and a pair of trouscrs-aud only half a shirt at that. Mrs.' Annie Florence Wilson, wife oi the previous corroborated his testimony. She said she heard the boy call out, "Oh, nianimn, don't hit me any more. If you do 1 ehall have to scream out." It was heartrending to hear the boy's cries, and the defendant used, vile and filthy language. On Tuesday nights tho boy was accustomed to go to the Boys Institute, and if he came home later than he was told to he was subjected to a thrashing. One day the defendant nsited witness if she had heard the boy being -thrashed, and she replied in the affirmative. She (witness) also expressed "sorrow for tho boy's treatment. Mrs. Purvis was often drunk, and in the daytime her house was frequented by different; men. The beatings extended- over a period of a quarter to half an hour. In repely to Mr. O'Donnell witness said ehe did not think any of the thrashings lasted for about an hour and a half continuously. Her husband must have been mistaken when he made that statement. Henry Birkett, of 38 King Street, said he was aroused one. Sunday morning at half-past two by a noise in Mrs. Purvis s house. He got up to see what was the matter, and it was explained to him that a party was being entertained. Defendant appeared to be sober. Witness had seen the boy going barefooted at 11.30 at night for fish and chips. All he had on was a shirt and trousers. Witness did not consider that the boy. wae well treated, because the mother was addicted to drinfc. On' occasions witness had seen the boy sitting on the, street pavement crying, When asked for an explanation ho said he had been locked out.

Louisa Walsh, an offloial of the Society for the Protection of Women and Children, said that in company with Serjeant Butler fiho visited'the defendant's house. The boy was woll dressed at the time, but his bed wiw in an indescribably filthy condition, with no pretence to being made. Sergeant Butler stated that when he went to the house he could hear someone using very strong language.- Witness had considerable trouble in getting into tho house, which was in a filthy condition. Defendant was half drunk at tho time, and was only hnlf dressed, although it was middny. She said her husband was at the front.. Some days later, when witness, served- the eumnions- on defendant, she'referred to tho parentage of tho boy, who, sho said, was not here. The first time witness went to the house defendant was in a drunken rage, and absolutely ripped the clothes off the boy. No marks of violenco were found on his body. Constable Cunninghamo said he had known the defendant for five years. She was addicted to drink. Called by Mr. O'Donnell, the boy said he was twelve yeare of age and had never been beaten for an hour and a half. He had not been beaten for two months, and was fond of his mother. When he received punishment he actually deserved it. He had screamed when his mother punished him, but it was not due to pain, but to nervousness. He was in the second standard. "No one can be Happier than I nm," replied the boy, "and I want to go home again. I have not been, happy at tho placo where I have been staying for the past week. My mother is.kind to me. It is true that I have had fits. The evidence given against my mother is all lies." Mr. O'Donnell: I submit that on the boy's evidence the case must fail. His Worship: Oh, go on. I don't believe that. The boy is far too glib. In answer to the Magistrate the boy denied the allegations made against the defendant, and 6aid that she was not addicted to drink, nor did.she use bad lan. guage to him. Ho was fond of her anii wanted to etay with her. In the witness bos defendant said Kinhad taken the boy in ten years ago. Sh« had looked after him to the best of liability. She admitted that'she took a glass of beer, but . denied that sha gn! drunk. Tho boy was subject to fit», and ■always screamed when he was under the inlluenco of a seizure. Defendant denied the suggestion that Jhe lived an immoral life, and said sho earned money by dress" making. Shu also httil a boarder, whose name was Mr. Coate*. Cross-examined by Acting-Sub-Inspector Emerson, defendant said her husband lived apart from her. Sometimes she did some dressmaking and somtimes some cleaning. Coates paid her 355. per week. Alla;i Edward Coates, night porter, said he boarded at defendant's house. Hβ denied that the boy was ill-treated and that he had ever seen Mrs. Purvis under the uifluenco of drink. Besides the board money which he paid her, did not know what other means the defendant possessed. Tho boy was fond of his mother. ' To Acting-Sub-Inspector Emerson: H<was not keeping Mrs. Purvis. It was witness's opinion that the boy was well cared for.. His Worship said the defendants home was not a proper placo for a boy. It was filthy. The boy was very backward, and his evidence was given with such readiness that, personally, His Worship suspected it. "I think he is frightened of something," remarked Mr. Frazer. ' It might be fliat the boy did suffer from fits, but in view of the peculiar contradiction in the evidence it was not a ease in which a conviction should bo entered. At the same tiine tho defendant was not a fit and proper person to have charge of the child. Tho boy would to committed to tho Wellington Receiving Homo and be brought up in the, Roman Catholic faith. "Although I think the boy has been cruelly treated,' said His Worship, "I 'don't think I would be doing the right thing by entering a conviction. It is ono of those cases where you are quite euro in your own mind that there has been cruelty,, but where ; you don t feel quite satisfied to convict.