FAULTS ON BOTH SIDES

NZ Truth, Issue 1215, 14 March 1929, Page 2

FAULTS ON BOTH SIDES

Brutal Treatment of Wife Condemned by Bench

WARRING COUPLE BOUND OVER

(From "N.Z. Truth's" Hastings Representative.) When' James Collins was charged at the Hastings Magistrate's Court with assaulting his wife, Annie Elizabeth Collins, an unusual story of brutality was unfolded. In fact, Mr. A. M. Mowlem, S.M., who was on the bench, said that never m his ten years experience as a magistrate had he come across anything just as bad.

ROLLINS pleaded not guilty to the \*> charge. Without wasting time, Mrs. Collins told the court that she was the wife of the accused and the mother of six children. She related how, on a recent Saturday, her husband had come home from work, and on the way he. had had a few drinks. As soon as he got m the door, an argument started, and she threatened not to get his lunch. With that he rushed at her and kicked her m the thigh, she alleged, and he punched her on the head and face, sti'ipped some of her clothing off and then carried her into an en\pty back room. Not content with that, said Mrs. Collins, he obtained some "straps and trussed her up, leaving her lying on the, floor m a helpless position. This done, he coolly went to ; bed' and foil off to sleep. .1. ....... -r In the meantime the Avife made her cries heard, and a neighbor advised" the police, with the result that a constable arrived and found her. Mrs Collins said that this was not the first time this had happened, and on one previous occasion, she alleged, her husband had even gagged her as well as strapping her up. To make matters worse her father-in-law assisted by giving his son the ropes. Mr. Helleur (who appeared for the Doctor's Orders husband) : You say your husband had had a glass? Mrs. Collins: Yes. More than one. Had you any? — No, but I would have had a glass with him had he been sober. Were there not some bottles of stout m the pram with the baby? — No. There was a bottle on the cupboard. In reply to further questions Mrs. Collins said her husband attacked her /without- provocation. -*-She did not lose- her temper and asTsalult her. husband'firat? She "didn't get* a chance." t3ounsel: You're a pretty strong and healthy woman? Mrs. Collins: Not very healthy. .But you can drink stout? — The doctor ordered' me to. .HaJf-a-dozen glasses at a time? — Yes, if I want it. And' you get drunk? — Not unless I lie down. "".She had never been drunk, but she admitted she had "sent her husband to hospital," when asked if she" had endeavored to kill | him. She had hit him with a plate, not an axe. The only consideration shown her by her husband when he strapped her down, was when he "threw me a pillow to put my head on." Counsel: So he was considerate to 3 r ou? "

Mrs. Collins: Yes, and he was when I he threw two buckets of water over me after making my nose and face bleed. Doesn't your husband object to the company you keep? — N,o. Wasn't that baby's pram loaded up with bottles of stout? — No. Have you ever smashed the doors of the house to get at your husband? — No, but he has put an axe through the. furniture. Counsel: You were m a great rage that day he 'strapped you up? Mrs. Collins: Well, I was angry. And your husband did the best thing he could to stop you doing any damage? — What! By tying me up? Constable Craigie then told the court that when he arrived on the scene he found Mrs. Collins lying face down m the back room with her hands iiini|iiiiimiiii|imiiiiiiiiiiiiiimiiiiiiimiiiiiiniiiiiHiiiiiiiuiiiiimiiiiiiiiniiiiiiiiiii

tied behind her and her legs also strapped up. The strap round the wrist was very tight and had caused the wrists r ; to swell up, with the result that Ho had to cut the strap to get it off. Her face was . badly battered about and was m a pool of blood, whilst the pillow close by was all blood-soaked. Collins was then m bed and m answer to a question by the constable said that he had tied his wife up because she was drunk»and he had to do it to protect himself. The constable said that Collins was then quite sober, but he. could not say what condition the, wife was m. She was dazed, .but he would not say 'that this was through drink. The defence was that, although technically guilty of assault, Collins

was> justified m his action, and had he not taken the course he did it was quite possible that life would have been endangered. The story told by Collins was that, when he got home, ho found some bottles of Btout m the pram with the six-months-old baby. He took these away and refused to give his wife any more because she had had enough. She then charged into him and he had to tie her up. He denied striking her, but said that when she was put into the bedroom she bounced her face up and down on the floor m the temper, and he got her the pillow. Actually, it was his wife who had first committed the assault. He had had to tie her up on other occasions as he was really afraid she would do him damage. Such a temper had she, he said, that on one occasion she had opened his wrist with an axe, and. he still bore the scar. On another occasion she hit him over the head with a plate and he had to go to hospital for a month. Usually his wife got drunk about four or five times a week. Cross-examined by the t Senior-ser-geant, Dempy, Collins denied that he himself drank to excess or that he had lost work through drink. Constable Alsop stated that he had Both Bound Over been called to the Collins's house on the evening of the 26th of this month, when he found Mrs. Collins asleep on a bed. She smelt stiongly of drink. His Worship said he was satisfied that the treatment meted out by Collins was too harsh, but it was also clear that he was not only to blame. There were faults on both sides and faults which could be reduced if both parties tried. It did not say much for our pre-sent-day civilisation that a man should, be able to treat his wife— and a mother of six children m the way that Collins had done. Nothing could justify such action, even though the woman was giving way too much to drink. He pointed out to Collins that he was liable to six months' imprisonment, but it would do no good to send the man to gaol. He would be fined £3 and both the defendant and his wife would be ordered to enter into a bond of £50 to keep the peace for 12 months with all people and particularly with each other. "I wish I had the power to prohibit you both, too," added His Worship. Both the defendant and his wife at once admitted their willingness to be prohibited. His Worship made the order, adding: "It's the first step of sanity I have seen m either of you."