RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IX, Issue 292, 10 December 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before Lowthbbßboad, Esq., R.M.] William Charles Hariey was charged with unlawfully and maliciously assaulting Laura Harriette Hariey, his wife, thereby occabioning actual bodily harm. Mr Fell appeared for the complainant, and Mr Pitt for the defendant. Mr Fell having opened the case for the complainant, called Laura Harriette Hariey, who said : I am the wife of the defendant, to whom I have been married about six years. During that time I have managed his household affairs without a servant. [Mrs Hariey here recounted at length a conversation between herself and her husband on the eveniag of the Ist inst , which ended in his exclaiming « Now I'll murder you."] He inatantly cmght me by the throat, pinching my windpipe. He placed his clenched fist at my head, bnt did not strike me as he had not time. I sprang to my feat and screamed and strutted , making for tbe door. He held me with both hands by the throat. I screamed all I could, being greatly frightened I came against some harness hangine against the wall, and then I screamed " Murder" for the first time. He then put one hand over my mouth to stifle my cries, still holding me by the throat with the other. I dragged him and myself through the passage, opened the front door aud got into the lane, when he loosed me. I then found that the frame of two fals? teeth I had was loosened. I pushed them back and then ran up to a man who was coming to meet me and caught hold of his arm, and was then passed on to a woman Several people were about. I ran to Mr Lloyd's but he was not at home, and I then went wi.h Mr Beer to Betts'. From thence I went to the Police Station from which Sergeant Nash took me to Mrs Taylors' where I could not get taken in, and then went to Mrs Dements. I was so much hurt by my husband's seizing me by ibo throat that I could scarcely apeak or swallow for some days alter. When he laid hold of me by the mouth he gripped m 9 rery hard. I discovered a few days later that a large tooth, which was perfectly sound and firm before the assault, was hanging. I thought it w*B broken, but Mr Kiernao told me that it was not so. but had been completely pressed out of the socket. Nothing else had happened to me that could have forced the tooth out. lam sure it was dooe by the pressure of defendant's thumb. I gave my husband no provocation whatever. I had been very silent and broken hearted for several days. I gave him his meals, and re^d to him, and spoke to him when he addressed me, but never commenced a conversation. I was too broken hearted. I did not assault him at al 1 . I did not even defend myself. I kept all my strength to struggle to the door, else I should not have got out. Cross-examined : When my husband came into tea I was writing in the little drawing room. I did not commence upbraiding my husband. I had determined to look over bis unfaithfulness to me. He did not say, «« If you go on in this way much longer we' must separate." The only comp'aint he has ever made against me was that I was childless. I did not spring up and attack him with both hands. I never struck him in my life, nor used a harsh word to him. He did not push me away from him with his right h<md. I did not immediately rash ont. I could not, for I had to drag his weight as well as my own. [The line the cross-examinotion here took was to show that the complainant was under an entire hallucination with regard to the assault.] I can't say how long the struggle lasted. It was only terror nerved me to get out. My struggles mnst have been very violent waen I dragged a heavy man like my husband through the passage. I went by instinct, not by sense. I had no time for sense. My screams were those of a woman in a death struggle, but at last became a mere gurgle under the pressure of his hand. The grip was now and then relaxed in the struggle, and then I screamed. It was on the following Sunday when I removed the plate of my false teeth that I found the loose tooth. My cheek is still slightly cut inside. As a rale Mr Hariey does not keep spirits in the house. I had taken none that day. Ihere was none in the house. Betts came tome next morning, and brought my hat, and said, «I have good news for you, the master sends you this and says you are to +w e v%°l? c i !? c H Ter r 8orr? » ifc wasn't he that did it, but only the beastly drink » I went home, and my husband met me. I Baid, If you will give me your word of honor I

that you will never ill-use me again, I will look it all over and stay at home." He replied, "If you don't displease mcl won't, if you do displease me I will " I said, " What is it I do to offend you." He said, •' At present there are no shirts in my drawer." I replied, 44 1 ironed you two yesterday." I then followed him into the office, and said, «■ lam tired of all this, are yon sorry for having ill-treated me?" He replied, '• No, I ara not." I said, " Then I will go and fee Mr Ft 11." He never asked me to go about my household duties and let there be an end of this bother. From Mr Fell's I went to Miss Jay's, where I have remained ever since. Mr Lloyd came there to mo the next da/ saying he had come from my husband and wanted to make peace between us. I said I would not go home until I hai a guaraoteeagaiust further ill usage. I would trust William Harley's word of honor on any subject, for I am sure he is strictly honorable. For the last twelvemonths my husband has scarcely ever been out in the evening. So long as he is not under the influence of drink, of a bad woman, or a bad adviser, he is a most kind and affectionate hnsbaud, but when he is tipey he is aiwaya riling me. It is a hard lite I lead, I work and toil hard for him until I seem to long for a rest, but wben he is kind to me it is quite sufficient reward for all my labor. The Court then adjourned for halt an hour.