SUPREME COURT. Auckland, Sept. 1st., 1848. (Concluded from our last.)

New Zealander, Volume 4, Issue 237, 6 September 1848, Page 2

SUPREME COURT. Auckland, Sept. Ist., 1848. (Concluded from our last.)

Before his Honor the Chief Justice. G-orge Chaplin was next placed at the bar, charged with having committed a violent assault upon the person of his wife Catherine Chaplin, to which defendant pleaded not guilty. The Attoniey-G. neiMl conducted the ca^e with Ins u^ual ability, citng Catherine Chaplin, who, being duly sworn, stated as follows — I am wife of the delendant — I was living with my hu->l>atid early las' June, in Windsor Terrace, in Mr. Bt-ir , the lime burner's, house— at that time I received some severe personal injuries. On a Saturday, in June, I received a wound in my jaw. My husband came home from the lock up that day — all I recollect w<u his dragging me out of bpd and kicking me with his hoot— l can recollect nothing after, being insensible — I expect t became insensible when being kicked. On the Sunday 1 was taken to the hospital where I was in bed for three dijs. Cross-examined by the defendant— You came home on Saturday, between five and six — there was a woman in the house, I did not know her name, nor do I know who broke ihe window— l cannot say wheiher you were drunk or sober — I was asleep, not drank, when you came horne — I cannot tell how a bottle of grog came into tbe house— l was fast asleep — I had no drink— l was awake when you pulled me out of bed-— I do nit know if there were a man in the house — I saw none— ihr woman broke the window, as she said, to get out of the house— l lay down after dinner — I dined at one o'clock. James Smith, sworn, &c, states — I am a constable attached to the Resident Magistrate's Cjurt — I recollect defendant being discharged from the lock up on the 6'th of June. Mr. Edward Meurant, sworn, &c, states-«>I a Gov« eminent interpreter— defendant lived in Windsor Terrace in June last — I passed his house the day he was discharged from the lock up— it was on Tuesday, the 6th— l was returning home that day at three o'clork ia the afternoon— m passing tbe defendant's hou»e, I heard shrieks of " mu;der," and excldinmat<ons " don't, don't!'' — it was the voice of defendant's wife — I heard the defendant using violent language, but quarrels be<i ig of every day occurrence I passed on — on the Saturday following, I went to defendant'B house, between nine and ten— one of the Gnvernment carters (Stafford) with his wife, accompanied me— he brought the key with him— on entering I saw Mrs. Chaplin lying on the bed in a dreadfully emaciated state— one eye frightfully swollen, the bed, and her body clothing, clotted with blood all over. No one but Mrs. Chaplin was in the house, and she was lying on the bed— in the evening of that day be laid he had given her a very severe beating, but he was so tipsy I hurried away as soon as I could. Cross- examined by defendant— l heard screeches of " murder," but did not call in, because quarrels were of common occurrence. By His Honour— l wished to get away from bis explanations as he was very tipsy— l am quite clear that he told me he was the person who maltreated his wife. Ann Morgan, sworn, &c, states — I am a widow living in Mechanics' Bay— l know the defendant and his wife — I went to his house on Saturday morning about ten o'clock— l met the defendant at the door, and asked him what he wanted me for ? When he said his wife was very bad — I went into his house and s»w Mrs. Chaplin lying on her bed— her lace was very much swelled, and one of her eyes was very large and blackdefendant was in the house— she never opened her lips —there was a very bid smell in, and a great dfal of bad blood about, the room — I think it might be longer than the night before that the injury was inflicted— at intervals she was not sensible— defendant never said how it happened, nor did I aak him.

Arthur Lee, sworn, &c, states — I am a serjeant of police, I went to the defendant's house on Sunday, the 11th June-— I saw defendant — Mrs. Chaplin was inner toed — there was a great deal of blood about the room — ■ she was much injured about the eyes and jaw— l asked, in defendant's preaence, who had committed this out. rage on her? Her reply was, "Chaplin." She gave no account how it was done — she appeared to be in a very low state. Cross examined by defendant— l did not say at the police office she told me it was with your fist you (truck her. It was very difficult to understand the woman, she was so injured, but I think she said the injury was inflicted by the fist. Mr, T.F. M'Gauran — 1 am a Surgeon of the public hospital— l admitted Mr?. Chaplin on' the llth Juneshe had received a good many injuries, principally about the head— her lower j.iw was fractured in two places— her right eye wa* very much swollen, and she had what is commonly called a black eye, and a cut underneath the right eye, and another wound above the outer angle ot the left eye, a scratch on her nose, and some others on her back— ihe appeared to be very feeble and atupified —tlie was confined to bed for more than a month, she might have risen sooner, but was advised to be quiet, to prevent a displacement of the bones. Cross examined by defendant— The injury might Juve been the result of a lall or a kick, or a fall out of bed. This was the case for the prosecution, The defendant called William Edgecumbe, who spoke only to character. The defendant then stated, that on the day in question, when I reached my house, afier knocking several times, a woman in her chemise came to the front door, but as she had not the key, I went to the back door, and on entering my house I saw this vvomaD, a common prostitute, whom I recognized as a person known by the nick name of the " Big Drummer," and perceived a man drunk, and " in a mess," on the floor by the fireplace — I went into my wife's room, and after several fruitless attempts to wake her, I administered ten or a do/.f n stripes with a piece of cord I found handy — I then went to the room whence the " Drummer" had beat the retreat, and taking the man by the collar, put my foot to his seat of' honour, and performed a summary ejectment, I then went to Auckland, and strolled about " like other lost sheep," About three o'clock I returned hon.e, and on entering my wife's room, I found hur lying on the bed in a pool of blood, a certain utensil smashed, aud some sciatches abOUt her lace — I put on some water and bathed her I saw no jaw broken, and I got all the comfoits for her 1 could. After retiring a few minutes, the Jury returned with a verdict of guilty, recommending the defendant to the merciful consideration of the Court, in consequence of the aggravation which led to the a«sault. Charles Williams was then placed Bt the bar, charged with robbing Edward Green Griffiths, of sundry articles of wearing apparel, and a pibtol, at Manuakau, on the 21st of April. Mr. Griffith* identified the pistol and a monkey jacket, which were discovered in the prisoner's box, who, the morning previous to trial, sent Thomas Stanley to prosecutor to say he was sorry for what he bad done, and that he would work it out for prosecutor on any terms. A previous conviction foy larceny, in 1842, was proved against the prisoner, who was also convicted of the present offence. The Court was then adjourned until 10 o'clock, on Saturday morning.