MAGISTERIAL.

South Canterbury Times, Issue 2293, 23 July 1880, Page 2

MAGISTERIAL.

TIMAEU—THIS DAY. [Before R. Boctham, Esq., R.M.] THE ASSAULT ON A WIFE. Wm. Blake was charged with assaulting his wife, Jane Blake, on August 15 last. Inspector Pender appeared to prosecute ; Mr Reid defended the accused, who pleaded not guilty. Jane Blake, the prosecutrix, who still looked very ill, and wore a bandage round her forehead, deposed that her husband was a diver employed at the Breakwater. They had been married for 20 years last December. Recollected the evening of July 15. Between eight and nine o’clock on that night the accused returned home. Ho was tipsy. Ho had his supper and after that he became quarrelsome and struck witness with a portion of a stave from a cement cask. He struck her across the head and stunned her with the blow. The wound bled freely and covered her clothes with blood. Witness had been sent to the Hospital. In witness's opinion there had been faults on both sides.

By Mr Reid —Witness had had a friend in the house with her before her husband returned. They had had some beer together. Witness drank two cups full. There was some beer at the back of the house. The accused did not order Mrs Mann olf the premises that witness could remember. Witness never told her husband that Mrs Mann had as much right there as he had. The accused brought some sausages home that night for his siqrpor ; they were cooked by the boy. The cut on the accused’s head was caused by his falling against Mrs Wyatt’s fence, when he was pursuing witness. She was sure she did not strike him.

Andrew Ritchie, baker, deposed that on the evening of July 15 he was at the house of a friend, residing near the Blakes. About nine o’clock beard a woman screaming and went to Blake’s house to see what was the matter. Mrs Blake was standing outside bleeding from a, wound in the head. The accused was also suffering from a wound in the head. Could not say whether the accused was sober or not.

Charlotte Wyatt, residing with her husband, near the Blake’s house deposed to hearing Mrs Blake screaming on the night of the 15th. She was bleeding very much from the head. Witness saw a bottle and a cup lying about, and thought that Mrs Blake “ had had a little,” but she was not drunk. Had very rarely seen her the worse for liquor. Dr 11. B. Hogg deposed to being called to the house of the accused on the night of the 15th. Found the prosecutrix suffering from a lacerated and contused wound over the temple. It was about an inch and a half long, and was bleeding very freely. Dressed the wound, having some trouble to stop the How of blood, and subsequently had the woman removed to the Hospital. The piece of wood produced would be likely to cause such a wound. One blow from such a piece of wood would be sullicient to produce the wound. Should think the edge of the wood had caught the head. By Mr Hcid—The appearance of the woman led witness to imagine that she was accustomed to drink. For the defence, Mr Iteid called, William Blake,the son of the accused, a lad of 15 years of age, who deposed to remembering the night of the loth, Mrs Maun was with his mother on that night, and she told witness that she had given his mother a drink of beer. He said “You had better go home, Mrs Mann, or father will be coming home and kicking up a row.” The women went out of the house together, Ids mother saying that she would see Mrs Mann home. Vvitness returned home about live minutes to live on that night. Tea was not then ready. Both his mother and father were in the habit of drinking. Israel Browse dcposerl to being near the house of the Blake’s on the night of the quarrel. Heard Mrs Blake call her husband “an old dog,” and also heard him tell her to shut up several times.

The defendant was then called and stated that he returned home about seven o’clock on the night of July 15, and found Mrs Mann drinking with his wife. He desired his wife to send Airs Mann away but she refused. She said Mrs Mann had as much right there as lie had. He said, “ Well I pay the rent, anyway, and it’s strange if I can’t be boss in my own house.” The two women then went out. Witness’s son presently came in and cooked some supper and then witness laid down on his stretcher. His wife presently returned with Mrs Mann, and they both commenced to abuse him. Mrs Mann called him an “ old dog.” and his wife then snatched up the stave produced, and hit him three times over the head with it causing the blood to flow. Witness in attempting to get the stick away from her threw her against Wyatt’s garden fence and in this way the wounds on her head were produced. Mrs Mann was sent for, but her evidence was of no importance. His Worship considered there were faults on both sides, and that drink was the principal aggressor. Defendant would be fined 10s, and he would have to pay all expenses including doctor’s fee. The Court then adjourned.