RESIDENT MAGISTRATES’ COURT.

Marlborough Daily Times, Volume III, Issue 211, 28 March 1881, Page 3

RESIDENT MAGISTRATES’ COURT.

Ri.KNiir.ni. Moxiiav. Makcii 28. [Before H. McTntiro, Fsq., R.M.] sri;A'iToi:u v. sti:ati'o:i n. In this ease his Worship delivered judgment. The case, he considered, had resolved itself into a question of law pure and siin | tie. He did not think it necessary to consider who was right or wrong in the unfortunate connubial squabbles. The case, as put hy informant, had been made out. The evidence disclosed incompati-

bility of temper, but that did not justify a wife in leaving her husband and bringing ail action ro recover maintenance from him. His Worship thought that if, upon the evidence, he arrogated the power of making an order he would he arrogating to himself the functions of a superior Court, and the only course open to him was to dismiss the information.

i-;. smith r. ,i. smith. This was a ease of alleged assault, di fondant being a step-son of complainant.

Elizabeth Smith deposed : —I am the wife of John Smith, tinsmith. Defendant is, I believe, the son of Mr Smith by a prior marriege. 1 w&s at home all the day on the day mentioned in the information. Defendant used to conic home to his meals. On this day ho came in at about 2 o’clock. He came to get a bridle and 1 told him the horse had gone to Keuwiektown. He took his box away. He abused me fearfully outside. 1 !<• came hack at II o'clock at night, into our bedroom, sitting on the dressing table. lie used two nasty words to me and 1 told him to go out. 1 pushed him, and his father told me if I touched him again he would break every hone in my body. Defendant then struck me two blows on the breast. 1 gave him no provocation. He took some pictures away. By defendant : 1 tore up a likeness of yours taken four years ago. You had taken all the others and said von would tear up

mine. By the Bench : T was hurt severely hy defendant hut not sufficient to require a doctor. He was only living a month in the house, hut wo have had nothing but quarrels. 1 took his bed and laid it outside, because I objected to him staying with me. J. Smith deposed; -I did not strike complainant, nor would 1 strike a woman. She had thrown my tilings outside. I was in the bedroom talking to my father, asking him where I could get a mattrass. She tossed hot water at me. 1 do not intend to go hack to live there. 1 should not have lowered myself to speak to her if she had not torn up my sister's likeness. John Smith, tinsmith, Rlenheim, doposed Complainant says lam her husband. I called my son into the bedroom on the evening in question. She went to seize him by the hair and he told her not to do that. She then throw some hot water over him which she got out of the kitchen. She is never sober, but has always a lot of “ drunken faggots ” about. I defy the d himself to live with her. 1 nformation dismissed. J. lIKUIINS r. M. JiKSMOXIi. Claim L"> for work done. Mr Rogers appeared for plaintiff’ and Mr McNab for defendant. Plain till', it appeared, had engaged to clear a certain quantity of land at the rate of LI per acre, which contract defendant contended had not been properly carried out. After hearing a considerable amount of evidence, judgment was given for plaintiff', without costs.