ELMSLEY CASE

Nelson Evening Mail, Volume LXIII, 6 August 1929, Page 5

ELMSLEY CASE

CHARGE BREAKS DOWN

ON WIFE'S EVIDENCE

"COULD HAVE LEFT TIER HUSBAND"

(By Telegraph—Press Association)

AUCKLAND, This Day. On the ground that she could have left her husband and gone away if she had chosen to do so, the charge against Peter Alexander Elmsley, of Waerenga, farmer, of ill-treating his wife collapsed in the Supremo Court. Mrs Elmslev, under cross-examination, said she did not object to cutting wood. It was her place to do all she could. Her husband had not been in good health for years. Asked by his Honour if she could have got <way afc anv tmie to n0 '8"bours, witness replied that she could have done so in years gono by, but lately she was forbidden to 'go near them. If it had not been for the girls she would have left her husband long ago. The girls were not to blame in any way. It was not their doing. They we're trained from infants and saw their father turn from her. After the adjournment Mrs Elmsley repeated her statement that she could have left. Her husband made no effort to stop her. On the contrary,' ho wanted to get rid of her. "In the light of the evidence it is useless to proceed," the Crown Prosecutor said. He stated that it had to be : proved that the victim of such treatment as was alleged was unable to get away from her husband through fear, weakness, or any other reason. "It is not fitting that I should at this stage make any comment or criticism of this man's'conduct toward his wife," his Honour said, in addressing the jury. "The evidence of Mrs Elmsley shows that one of the ingredients of the offence has not been proved. She said she could have gone l away if she wished. In the face of that evidence it is quite impossible to suggest that the offence had been proved and the Crown has decided to proceed no further with the case. No matter what we may think about this case or about the treatment "meted out to this unfortunate woman, the fact is that she was able to go away." Tne jury, after a brief retirement, returned a verdict of not guilty and accused was discharged.