RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IX, Issue 293, 11 December 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before Lowther Broad, Esq., R.M.] YESTERDAY. Habley v. Harley. On the Court resuming, the Resident Magistrate asked : Has your husband ever ill treated you before ? Complainant : Six weeks after our marriage I offended him by going to his father's house without asking his permission, He consequently refused to take me to the races. I spent the day at my father's grave. On his returning from the races in the evening, he wa* angry with me and threatened to strike me. I had never been struck in my life before, and dared him to do it, when he knocked me down with his fist, and then kicked me between the legs. He has, altogether, assaulted me badly about ten times. Once he struck me with a ttick in the street. He knocked me down with his fist at the aame time, and dragged me by the hair. He has not ill.treited me at all during the last twelvemonths. I never irritated or annoyed him that I know of. John Nash, police sergeant, gave evidcnee wi h regard to complainant having gone to h : m at the police station, and complained of being ill-treated by her husband. Her neck looked red and inflamed, but he could not say whether it was the result of ill treatment. Cross-examined : I noticed no blood about her face or mouth. George Beer deposed to hearing a woman's screams on the night in question. He went towards Harhy's brewery and met Mrs Har ley, who was in a very excited state, and said her husband was going to murder her. Her face and neck were very red. She seemed very much frighteh?d and begged him to go for the police. Selina Bealey was in Church-street on the / Tuesday night, when Mrs Harley rushed up/ and laid hold of her by the arm. She was not able to speak for some time as she appeared unable to breathe, and was in a very excited stare, and said her hu band had been trying to eh ke her. She asked witness to feel the impression of her husband's fingers on her throat, but she did not do so. Charles Kiernan : lam a dentist. Mrs j Harley came to me on Monday. In taking the plate out of her mouth I found one t-otW very loose. I could not account for the tooth being loose. It might have been loosened by the grip of a man's hand, but the pressure would have to be very great. Crois-extmined: I siw no external mirk. She told me that it was caused by a blow. I should think it must have ble J a good deal when loosened. v This concluded the caae for the complainant, and Mr Pitt, having opened for the ' defence, called Mrs Lloyd, who stited that Mrs Harley came to her house on the Tuesday evening in a very excited state, and asked for Mr Lloyd. There was a light in the ro m. She showed her neik, which together with her face was/ very red. / Dr Cotterell had seen Mra Harley oh Wednesday, and again the following dsty. She said her husband had taken her by ,the throat and pinched her. Isiw no marks that appeared to be occasioned by violence. I heard her evidence, and should think if she had been subjected to the treatment she described, there would have been marks left. think the tooth couM liave been pressed out without leaving an external mark. Cross-examined: I don't think the windpipe could be compressed so as to give a Henae of suffocation without leaving a mark. S&. G. Betts: I have been engage! at the Raglan Brewery for many years. On Tuesday evening Mrs Harley came to my house in a very excited state, and said she had been ill-treateJ by her husband. She said he had seized her by the neck, and threatened to dash her .brains out. I saw no marks on her neck. On the next morning she came back, and defendant held out his hand to her, and Eftid he hoped there would be no more bickerings between them. She was constantly nignagging at him. She is of a very jealous disposition and constantly making accusations aginst her husband, no matter how many may be present. I have always seen him behave most kindly to her. She ia fearfully aggravating, but I don'fc think he would strike her of his own notion. I had my own opinion for come days that she had been drinking. I think she had been that evening. William Lloyd had known the Harleys for some years. Went at Harley'a request to see complainant at Miss Jay's on the Wedoestey. Saw no marks on her neck, which was usually red. Always -thought they were very happy together. Didn't think Harley the man to assault his wife. H. A. Levestam knew the Harleys well. Never saw anything wrong between th'm. IDidn't think Harley likely to assault his wife. This concluded the evidence. A cross summons having been taken out by TV. Harley against his wife, it was decided to hear the two together.

Laura Harrietle Harleif was charged with assaulting and beating William Harley, her husband. William Harley; On Tuesday evening, the I let instant, I sat down to tea as usual. My wife was very aggravating, accusing me of all sorts o( misconduct. I said if she went on so I should have a separation. She said, " Do you mean it?" I said "Of course," and she then jumpei up and began pitching into me like fun, her arms going like drumsticks. I got up and pushed her away, and she ran out of the house. I had given her no provocation. I did not seize her by the throat. There were several men outside, and she must have passed through them. She did not scream until she was 109 yards away. I saw her the next morning She wanted to talk to me in the yard, but I took her in, and she said, "Are you sorry for what happened?" I said « Yes, I am very sorry, and I hope this sort of thing is not going on any longer" She went about her duties for some little time, and then came into the office where I was, and said she was going out. I did not think she meant altogether. Mr Fell came to me next day, and said he had come at Mrs Harlej's request and proposed a judicial separation. I did not wish tor this, and am quite ready to take her borne again. The whole charge against me of assaulting her is untrue. I deny having ever struck her in the street. I deny having struck her as she said, a few weeks after oor marriage. Cross examined : I can't remember ever having struck my wife. I won't swear that I never did. Be-examined: Her conduct has at times been very aggravating, and 1 have received great provocation from her. i;This concluded the evidence.

The Resident Magistrate in giving jalgment gaid that although the prusecutrix in the first cage ha, l possibly given a somewhat exaggerated account of her husband's trea'raent of her, the conclusion he had arrived at was that her evidence and that of the other witoe?se» who had to some extent corroborated what she h»d stated was to be helicve I, and tint the defendant* was not. He was rot to ba exonerated because thß complainant's statement of the assault was somewhat overdrawn. It was a strong point in tbe complainant's case that she had shown her neck to all fche met, ana had told precisely the same story to each, namely, that she was fleeing from her husband's violence. It was not at all likely that she wouli go about the town at that time of night with her hair dishevelled, her dress tora, and gentrally in so excited a state without some reason for it. There was nothini? to justify him in believing that it was all a piece of acting on her part, and that me had trumped up a deliberate He. It was, throughout, a most painful case, and ho regretted that it could not hive been settled out of court. The order of the Court would be that the defendant be fined £5 and costs, and be ordered to enter int o recognizances to keep the peace for six months, himself in £300 ] and two sureties of £ 150 each. Tbe second case would be dismiessd.

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