CURIOUS ASSAULT CASE.

Evening Star, Issue 3719, 23 January 1875, Page 2

CURIOUS ASSAULT CASE.

At the Oamara District Court, on Wednesday last, before his Honor Judge Ward, one James Boy land was charged with having assaulted a married woman named Wary Sutherland, in November of la«t year. Defendant is an hotel-keeper in Oatnaru, and complainant and her husband were stopping in the house. The best idea of the case will be obtained by reading portions of the evidence given by ‘ . C. B. Sutherland, shearer, husband of the complainant. He is reported to have spoken as follows :—I was at Boylaud’s hotel on the 11th November I was sta> ing there for the night. - fr e r I had been in bed about an hour, Boyland and my wife came up, Boyland stayed a short time and then went away. He returned aoout an hour afterwards. He took my wife off my bed, and pulled her outside. My wiie was ; 'I 1 a bad temper. Boyland told me the Wellington was in harbor, and I had better clear out to Melbourne by her. Boyland caught hold of my wife and put her outside. The last I saw of them was him pushing her at the top of the stairs. His H oaor : Where were you ? Witness; In bed. ine Judge : Then you lay in bed lil.e a cur. while a man was illuming your wife —Crossexamined : M y wife was speaking to me in an angrv tone, i had not been talking to 8.-v----land about going to Melbourne. I believe Boyland gave no 1 ea on whatever fer requir. mg my wile to leave the house, she had not been making a disturbance. When Boyland palled her Horn the bed shes’ipped. Tdon’t know whether she fell in the room or not He then got behind her and put her eut at the doorway. 1 can’t >ay what force prisoner used. Can’t say whether be used more force than was necessary. X dd n’t know what was me nt by the words “i.et up further than that I thought my wife mi ht have sat down or fallen down. The baby was crying in the room. I beard it crying after they left. The reason that 1 di i not take my wife’s part was that I might have been a little the worse for drink. Aly wife did not give the prisoner any impudence in the bedroom. Next morning my wife saw me when I was leaving by ihe coach. She did not strike me. She made an attempt to pull my whiskers. If she says she struck me it is false, i could not tell whos i voice it was that told her to get up. When my wife told me she had beep assaulted, i told her to summon Boyland. Counsel; Do you think your conduct has been creditable throughout ? Do you think it was manly ? Witness ; I don’t know. Mr Balmer : Well, I will not press that question. I will leave it to the jury. His Honor summed up at some length, laying down that if a person went into a house cf public entertainment and offered to pay for his or her lodging, the publican is bound to provide reasonable accommodation, and unless the person seeking refreshment or ledging was guilty of creating a disturbance had no right to say, “You must leave my house.” He (the judge) could not but say that of the disreputable arraogeme ts which bad come under his notice the notion of keeping a drunken husband in bed in the hotel, and turning the wife into the street at between twelve and one o’clock in the morning, was most thoroughly disreputable He also remarked upon the husband’s conduct as fitly characterised by couns las a disgrace to humani y. The evidence of-the complainant had been very clearly given, and he was bound to say hj id not be< n shaken by the cross examination. On the other hand, the witnesses for the defence swore positively that no kicking took place, and as positively also that complainant walked downstairs. The jury returned a verdict of “Guilty <f a common assault, aud sentence was deferred.