SUPREME COURT.

Nelson Evening Mail, Volume VIII, Issue 206, 27 August 1873, Page 2

SUPREME COURT.

CIVIL SITTINGS. [Before his Honor Mr. Justice Richmond.] Eyes v.. Henderson. W. H. Eyee: (cross-examination continued) I slept away frora home three or four nights during the first week Charlotte Johnson was in Blen heim. I was sleeping either at Robinson's or the Koyal Hotel. I should have re named at home every night it I hnd been allowed to do so quietly by my wile. The letter produced, proposing to provide separate maintenance for my wife was written by me. It was written in consequence of the miserable state of things that existed, and because I ieared what might take place, as she was so violent. On the morning previous to the evening on which we had the conversation that led to the letter being written, she attacked me and handled me so roughly that I had to push her away. I did so with more forcfe than I intended, and she fell back against the wall and was bruised. I expressed my sorrow at the time, and felt that if this sort of thing was to go on there was no knowing wh re it might end. I think that Mrs Eyeß had, not perhaps justification, but some excuse for her violence to me, on account of my unfaithfulness to her. The only communication that took place between me and Charlotte Johnson was the interchange of one letter. I believe lhe letter now produced, purporting to be written by me to Miss Johnson is a forgery, and that it wss written by Mr Pilliet. It is an excellent imitation of my hand writing, but I Bwear I did not write it. I never sent a horse through from Blenheim to Picton for Charlotte Johnson. This Day. W. H. Eyes re-examined ; I removed to Maxwell Road on the Ist April, 1872. This was afttr the affair at Picton. After the removal I had many disputes with my wife. I may have made to Mrs Eyes many irritating statements about the girl which I had not the slightest iatention of carrying out. I had nothing to do with the girl coming to Blenheim. I spoke in a taunting way through irritation. I went to Lawrence's on the Sunday. The girl arrived there between two and three o'clock. I stayed there only a few minutes. My visit had no relation to the girl. I called at Lawrence's on the following day, noi having seen him on Sunday, to speak to him on business. I went into his back yard to see some oysters he had f<om Port Underwood. Erom there I went to the Cmb. That was the only time I was in the yard. Mrs Lawrence : I ara living at Blenheim. I gave evidence betore the Commission, being subpoenaed by Messrs Henderson and Dod ton. Charlotte Johnson was staying at my house about the end of last year She lived with me the whole time she was at Blenheim. Mr Eyes never visited her ac my house. He was there one evening to see my husband. He never spoke to tbe girl then. I state most positively that there was no intercourse between them the whole time she was in my house. She slept upstairs. I U6ed generally to see her into bed. I remember Mr Eyes once passing through the back yard He went there to see some oy^ers, and then went on to the Club. She was never absent from the house alone. Cross-examined : My husband invited Charlotte Johnson to stay with us. He told me she was a young lady he knew in Dunedin years ago. I heard after she came that she was the person there was such a commotion about in connection with Mr Eyes at Picton. I did not know tbis when she came. If 1 had known it then I would not have had her in the houae. She behaved herself well while with us. I know tbat she has been the kept mistress of another man. My husband did not tell me she had been kept by a banker in Dunedin. She told me ot it. She told me she had money ot her own. It was a few days after her arrival that I became aware that she was the same woman about whom there had been a disturbance at Pieton, There was a great commotion in Blenheim outside my house about her. I never heard anything of tne connection between Mr Eyes and a half-caste woman until I saw it in the Picton papers. I did not like haying bonfires lighted and a commotion raised about someone living in my house, but I did not like to tnrn her out. She behaved herself quietly and it made no difference to me. Ue- examined: I knew nothing of Miss Johnson betore she came. She behaved herself well and respectably while with me. bhe never told me she had been living with Mr Eyes. Charlotte Johnson: I have been living at New Plymouth for nearly two years. I came to Nelson from tnere. I came to Nelson irom there. I know Mr Eyes. I was in Blenheim in October, 186^. I stayed at Mrs Lawrence's three or four month«. 1 arrived on a Sunday, I think. Mr Ej es never visited me there I only saw him once. It was in a room at the back ot the (■hop. A man was with him at the time. Mr and Mrs Lawrence were present also. I had no communication with him during <he whole time I was there. There was once a written communication between us. Mr t Eyes owed me money, Be owes me

£120 now. I lent it to him. I applied to him for it iv Blenheim. I have had no communication with him since I arrived in Nelaon, Cross-examined by Mr Conolly ; I first became acquainted with Mr Eyes about five years ago I was then living in Wellington. I became his mistress there. I had before been living with another man in the same manner. Whenever Mr Eyes was in Wellington he lived with me up to about two years ago. I lived with him up to the time my furniture was sold. That waa in January,. 187 -2. We lived aa man and wife. He called me Charlotte, and I called him William. I very seldom called him Henry. I came from Wellington to Picton. I went to Clark's Hotel. I did not see Mr Eyes there. I stayed there three or four dayp, and then left because they did not want me to remain. A cottage was taken for me by Mr Humphries. He had visited us before in Wellington. I went into the cottage on a Saturday. Mr Eyes did not come there. I was in it only one night. I then went to live at Watson's. .Ihad known Watson and his wife before. He was not living with his wife at Picton, but with his step-daughter. Mr Eyes visited me twice at Watson' b, the first time being about a week after I went there. I remained there a fortnight. There was a bonfire and two effigies were burnt while I was there. They were supposed to represent Mr Eyes and myself. He was in the house at the time. Ihad a horse to ride in Picton I met Mr Lawrence in the street and asked him for one, as I was dull at the time and wante • something to do. He lent me one. fcix months later I went to Lawrence's at Blenheim;, having been at Taranaki in the meantime Luwrence cume to meet me at Picton, and I went through to Blenheim in the coach with him. I got to Lawrence's in the evening. I do rot remember Mr Eyes being in the bouse when I got there. I won't swear that he was not ihete. A day or two after I arrived, there was a disturbance in Blenheim, bonfires and effigies again. The Lawrtnces never asked me about them. I don't know whether they knew anything of my connection with Mr. Eyes. I went with Mr. Lawrance to a bazaar. He was turned out on my account. I remember an inquiry being held at Blenheim. Watson was there. I tried to atop Watson giving his evidence. I stopped him in the street, but he escaped with a torn coat. I wanted to ask him what he was going to say about me. It was not at Mr. Eyes' request that 1 tried to stop him From Blenheim I went to Wellington, and stayed there ab>ut three weeks. I then v.ent to Taranoki. I was in Wellington alnut four months a^o. I was living in a cottage at the pah. Mr. Eyes did not visit me there. I did not see him there at all. Re-examined : I am sure I did not ccc Mr Eyes in Wellington. I did not see Mr Eyes at Lawrence's the night I arrived. I saw him frequently in the streets but did not speak to hira. By the Court: I went to Blenheim to get some money from Mr Eyes, I hnd written to him betore. I wrote to him again about a fortnight after I got there. I had not told him I was conning. I wrote to Lawrejce irom Taranaki saying I was coming. I did not tell him what I was coming for. I did not pay "Lawrence for my lodging. He had told roe at Picton he would be glad to see me at his house at any time. I went to Picton in the previous March to get my money from Mr Eyes, but he did not pay me. I was not called as a witness in the suit between Mr and Mrs Eyes at Picton. My furniture was sold at Wellington in Jaruary 1872, best-use Mr Eyes aud I were parting by mutual concent. John Tucker Kobioson : lam an Ironmonger residing at Rlenheim. lam also Provincial Treasur* r. I know Mr Eyes. There was a disturbance in connection with him in October last. He slept at my house in the sitting-room several times while the commotion was going on, Mrs. Robinson used to make up his bed, and we would sit talking ior some time after. I don't believe he ever went out after I left him. Cross-examined : I was present nearly the whole time at the enquiry at Blenheim. Harriet Cate gave evidence of Mr Eyes' absence from his house. Nothing was said then about his sleeping at my house. I have been intimate with Mr Eyes for some years. The knowledge that be had been lending an immoral life at Picton and Wellington makes no difference in my social relations with hira. Re-examined : 1 was called as a witness at the inquiry at my own request to deny a statement in which I was concerned that had been made by the opposite side. 1 never observed any immoral conduct on Mr Eyes's part at Blenheim. I don't believe the disturbance made arose out of any moral consideration. This closed the case for the plaintiff. His Honor gave leave to defendant to move to enter a non suit on three grounds : — (1) The improper admission of secondary evidence of tbe lesolution complained off. (2) The absence of proof that the petition published was that which the defendant signed. (3) Ibe absence of proof that the petition sent to Wellington was that to wbich the defendant's signature was attached. Mr Conolly having opened the case for the defendant, the Court adjourned for an hour. For the defence Mr Conolly called Eleanor Ejes, who said, I am the wife of the plaintiff. Wt were marri'-d in 1847, we have eight children. Until October, 1872, we lived together. As a member of the House of Representatives he was away from home a good deal. I flrst became aware of his improper intimacy ■with Charlotte Johnson on the 14th November, 1670. I saw a letter he had written to her. I spoke to him at once about it. He was then going to Picton. I repeated to him p rt of what I had seen in the letter. It commenced, " My dear, dear, dearest Charlotte," and it spoke about getting a servant to make her more comfortable. It was signed "Your own Henry." 1 felt very angry and grieved about it. i asked him to give her up, and he replied " Things cannot be done in a minute." He promised to come back and talk to me about it, but did not do so. He was absent from Thursday to Wednesday. He remained at home a fortnight when he returned. During that time we bad one or two conversations about the woman. He said he would go to Wellington and break it off with her. He went and wrote to me from there. This was in December IS7O On his return from Wellington he told me he had given her up. He continued to profess to have given her up until March, 1872. In that month I remember his going to Picton on a Saturday and returning on the Monday. He came home about five o'clock. Mr Humphries was with him. I asked him if it was true that the person was at Picton, and he denied it. We were to have had a dinner party that duy, but the people had refused to come, and I asked hitn why it was Ido not remember his reply. On the following Saturday he went to Picton again. A few days later I saw the Picton paper containing references to bonfires and so on. I then spoke to him again about it, and we hid high words. He did not deny his intimacy with her. After that time he waß constantly referring to her in the course of conversation, and in our squabbles. He said she was so much better to him than I was. We removed to Maxwell Road in April. Previous to that we had always lived as man and wife. We continued to do so about three weeks aftT our removal. We then occupied separate rooms. This was because he was constantly thinking of her, and expressing his thoughts aloud. From the time she was at Picton to the time she came to Blenheim he often said he would have her back, I took his observations seriously. There was nothing in his manner to show that he said this for the purpose of irritation. I believe he meant it. He never said when she would come, but merely that he would have her there. He did not allude to her by name, but always as "Bhe." or " her." He said if she did not come, he would go and live with her in a Maori, pah, that they had plenty to keep them, and would be very happy. On Sunday," the 13th of October, he said at breakfast that he had something to tell me. He went out for a drive with Mr Humphries. When he came back he said the woman would be coming at the end oi the week. I said I hoped she would have a better reception than she met with at Picton. He said thiy were not such blackguards in Blenheim, ahd it would be just a nine days' wonder. He then

went into the kitchen and said before the servant that I should not be je Uous, she would do me no harm, an i he would walk up and down the . streets with her if he chose, Nothing further passed until the next Sunday. I was staying with a friend and went through to Picton. I returned about 7 in the evening. He did notcome home that night. He came back to dinner on Monday at 6 o'clock, went out afterwards and remained out all night. We had -a very unpleasant conversation about the woman, and I asked him why he brought her to Blenheim, and whether he bad stopped at Lawrence's all night. I had heard that she was there. He asked me how I knew she was there, and eaid it was his business not mine. He said he would not alter and if I drove him into a corner he would go after her. I said I should go with him and see her and ask her to go away. He replied that she was quite under his control and that he would not let me see her. If he wished her to come here she would come or stay away if he wished. He came home again on Tuesday evening and remained at home all night. There was ti great disturbance in the town at the time. He tta) ed out again on Wednesday night. I asked him again that day to send her away; He said he would see me in h — first. I put my cloak on and said I would go to her with him, but my son stopped me. I was very angry and excited about the matter On Thursday we had a conversation about a separate maintenance, and on Friday he wrote to me about it. He had used violence to me before the woman came to Blen • him. Before he wrote to me I had consulted a solicitor, and had told him that I had done so. On the Friday he went to Picton, and I followed on the following morning and met hira just coming out I went to consult Mr Conolly, wnd instructed him to take proceedings for a separation, I returned that evening and fonnd Mr Eyes there. He had paid the servant her wages and told her to go away. I asked him why he had done it, and he said he should do as he liked. He then went out and remained away till five o'clock ou Monday morning. I bad no conversation with him. I never sat down at table with him after the woman came. On the next day he told me to pack up my clothps and go, and that if he found me there at night he would kick mc out. Mrs Eyes' evidence was not concluded when we went to press.