Untitled

Evening Star, Issue 4049, 17 February 1876, Page 3

CMfere v. Fyke, F>q-. and A. Merwr, ?.) MaTBIMONIAL DiWkBENOE3. Smith V.Smith.—Oa this case being resumed all witness's were ordered out of Court; and on Mr Smith. taking his place in the witness-box to undergo tsrbss-exauiinafcio □, Mr Barton sa d that before the case proceeded ftuther he suggested that this was d proper case for sending to : some private mode of settlement.' Yesterday he sent a letter to Mr Smith’s, solicitors. —Mr Bient objected to tins letter being put in evidence. —Mr Barton submitted; to their Worships that Mr Smith ought to be compelltd to adopt terms*. Me.did not want to be forced into contest of this,kind if he could possibly avoid it. B;'t if he vVai forCed to fight, he would fight and would have hit Mr Smith and his witnesses pretty hard; "Ha was perfectly prepa 01 to allow the statements made yesterday to go U 'con'r t. dieted by witnesses rather than proofed with such an unpleasant case Mr-^Pyke: The Bench' were full of the hope-that by the adjournment being granted ►omething like an amicable tfnangement would have been come to between the pa- ties. But it seems, that that ip as far off. as ever.Our jurisdiction is entity confined within the four .corners of,this information. The defendant s a finline sole, and as such cannot be regarded other than as the utmost stronger.—Mr Barton: There, your Worship is assuming the whilequeVtiin, which is whether ior not aha ha? cer.Vn rights? I think Mr Smith ha?- not taken the right inode ofasserting what he thinks to be hia right. A? I said before, a let-er was yesterday Written to Mr Smith’s solicitor*, proposin - a settlement. That letter I will read. —Mr Brmit again objected.-Me, Fyke'; We havC nothmg to do With it. Our duty is simplv to enquire whether an offensive act has been Mne.—Mr Barton; Is it what your Worships choose to conceive to be au offensive act?— Mr Pyke; Certainly. We are prepared to grant what th* com lainant asks for. nnle.-sthe evidence produced already Is contra- icted.—Mr Ba ton: I cannot contravert the evidence] that Mis Smith went to the boose, but I can controvert everyth'ng else. I consider I have a right to read the letter, which is a partof the res gates.—The Bench, after parkins the letter, d-eded to admit it. (The [efl er wnatothefollowngeffect:—Mrs Smith was B| Uing to have the furniture she bad removed and to receive the difference between its estimated value and the LSO she was to te -eivo, or to agree to any settlement of the dispute that the Rev Dr Stuart might arrange. It was stated that the things me had removed' comprised a couch and .chairs, personal effects, and servants luggage. Failing either, of the above propositions being agreed to, Mrs Smith undertook to le»ve the house and return the [ u jmtute she had tak-n on payment of LoO.)—Mr Barton: I submit after such an raer. as that it is hardly proper to prbceed with the case. The defendant insists upon claimher right: she had a bargain with Mr' Smith to get LSO on leaving ■ the 1 house.—Mr Pyko: The bargain, has no more ,o .WithtliQ (J , than the.Ten Commandaaents.- Mr Barton; Perhaps it is a proper jase for the use of a great deal of Scriptural angoage, but your Worship is improperly and tbsnrdly gauming.—Mr Pyke; Mr Barton, I jail you to order; you are not correct in using inch a phrase.—Mr Barton: I mean improjerly assuming, as a matte** of reasoning. —Mr Pyke: That is another thing. We dediae to fear one tittle of evidence about the Lso. uTr Barton : Do your Worships assume that “asmo rieht to be in the house ?-Mr • Pyke ; If yon have any evidence to controvert hat given by the plaintiff, ca l it; if not, I 1 l must call upon you to sit down. After ome more sharp talk between his Wor hip and Mr Barton, th latte 1 * declined » -cross-examine Mr Smith and caled uatilda' Smith, the defendant, said : I have 1 )een living at Mr Smith’s house nntil lately. He promise I to give me LSO to enable me to rapport myself and family. I d.d not get that LioO, I'took, away a very old drawing f m e , consisting * f chairs and couch, vnicb had not been used for two years. Mr smith was perfectly well aware I hj id no fumi- • re m my house and no means of procuring my- I was in my house ten days, and ie was frequently told I required /fumiiure, Besides tn> suite I merely took ny presents and per onal effects My eldest seventeen yeais) l and youngest daughters we t wth me,.but I did not take thei- personal I'ffects. I wish to say, if ,allowed to dojß./, that luce I have been. in. the house, neither ?'?r-’■ daughter, nor servant have Ispt on a bed; we .have had one blanket to lover us. . I did not ask to get the things on ire.iit. He took steps to stop mv ciedit md unless I get.this money I shall b<*“ impelled to Jay on the floor. When I could lot get any money T went back to Mr Smi hj a muse.. It untrue that I knocked Mrs Bald vin -6r her child about; I went into th* louse because my youngest child was -aken ill. I went there to get her lotfie brandy. At the time Dr. Borrows called ihe was sleeping soundly. Mis Baldwin w»s rery impertinent to me. I felt exceedingly, annoyed to see this woman and her child in the' atchen. (Mr Brent objected). I felt a little aervpns fuad- accidentally dropped a spoon beneath a chair on which her child was sitting When I requested her to move the chair while I" recovered the spoon she refused to 1 lo . so, and I said, “How dare you put vour child in my child’s place.” Tliat is all that passed between Mrs Baldwin and myself,. My daughter would not leave the iwm. .because ~ Mrs Baldwin was there. Mrs Ba dwin and her children sat at the dinner -table, when dihner was served, and remained there till 11 p in. I locked myself up iit the bedroom after dinner and tea were removed to avoid causing annoy? ance Mr Smith brought a constable, and I said it he. had asked to have the door opened I would open it, which I did. (A paper was handed to the witness.) I stated the first part of what appears on this paper. That wa* when he was au immense fuss with ths sidd Mrs Baldwin. The words I used wero to this effect, “ Don’t you think”—r- (Mr Brent objected). By Mr Brent: Mr Smith di 4 not ask me to the hj m<e. I certainly went there without his invitation.. I went there by right, I have a, right to go there once a week. t I- was not there for ten days, before ; and 1; claim a rlght to go there once a week, I certainly did have meals in h : s house.—On Mr Barton , placing in the witness-box Mary Gassefa, servant at Mr Snvth’s, the Bench Said they were perfectly piepared to accept. Mrs Smith’s evidence as correct, without corroboration. Ma-y Cassela was examined, and said • she nevrr heard any disturb mce or any viole tbehavio r oa Mra Smith’s pa*t. -If there badlbeeti high words Or throwing:of boiling'w«ter'she must b»ve heard or seen it which'Sh? d : d not. Dinner, to which M'»

Baldwin sat down, was srrved as usual. ■Wheu she.was-engageA by Mia Baldwin she{nought'"Che latter was AJre Smith. She left because she d.d not care" to stop in the houre wheji Another person than Mrs Smith wasjnis;»:'W delivered the decision of the ».'ourfc. ile Baid that the B-.nch had cme to the ' although the offensive acfe complained of appealed to-have been very much exaggerated by Mrs B«ldwiu--th*t there did, not appear to have beei anything like the provocation stated—yet Mrs Smith had, commit ed improper action: she had, in the words of the Act, acted offensively. As he-Baid yeflteday. there was evidently a dispute as to the payment of a sum of LSO; but ; it was hot the f proper c urse for Mrs Smith to take the law into her <>wn hands, and' invie ine upon staying in Mr Smith's ■home. She had a remedy in the civil cout if her claim was good. It was a great pity that the,mat;er whs not settled priv*tely.iu some way: and that an immense amount of djrty have been, washed in public. The Bench would call unoiiM ; s Smiih to enter ihWher owttrecogiiigance for LSO te keep the peace for sik months • bat would not ask her for any sureties. Mrs Smith wasthen called into Caurtand info; mad of the decision of; the (jourt.—Mr Barton pointed out that if hi* client entered into the recognisance she would .have no appeal, and in the next place the effect jof hetdoingao would betoforc»her to leave Pykes I did not say anything Barton: That is the evident meaning of M. -i (Mter. consulting with -iris client) .• Wo will apply for a writ of haicaa

I corpus, and teat the decision of the Court. —Mr Pyket So; be; it; Mrs Smith -will have to ro to giol un il the t rm of the recognisance lia9.Apired.~Mrs Smith : X will take the alternafirojlf it is necessary tbat I should do sr». I have Buffered quite as much indignity already as if I had goni to gaoL—Mr Pyko suggested that a better plan would be to allow the recognisance to be estrei<« I —Mr Bartor: leannot «dvis i Mrs Srmth to do tbafe Perhaps the ca-e might be adjourned foe a few days, which would allow her appeal, to be prosecuted.— Pyke : We nunt'do our duty inespective of persons, if she will not enter into the recognisance. (To the C'erk of Court): Make out the warrant.' The Court was then ad joume3» and Mh Smith retained in custody.