RESIDENT MAGISTRATE'S COURT, TE AROHA. TUESDAY, DECEMBER 4, 1888.

Te Aroha News, Volume VI, Issue 322, 5 December 1888, Page 2

RESIDENT MAGISTRATE'S COURT, TE AROHA. TUESDAY, DECEMBER 4, 1888.

(Before H. W. Noithcroft, Esq., R..M) Cboima Tonge v Chns. 11. A. Ton-je Plain tiff sought to oht un a protection o-der under tlie Married Women's Properly Protection Act, 1880, on fc'us ground thnfc she is subjected to cruelty, etc., by h^r husbanl. Cecilia Tong<>, sworn : I a>n the wife of Chris. H. A. Tongo, and reside at Waioroncrotnni; whore I keep asmall|slore, for tho sale of I'mit, etc. I seek a pro. fcection order on account of the drunkenness and disorderly conduct in my hou.se. My hnsban 1 is in the habit of staying ont till all hours of the night drinking And playing cardß, and then conies home and turns nr* out in tho street, !»n 1 ill treats me. For two years I hnve had to support myself and chil Iren ; he drinks all he earn", and I cannot submit to the treatment ho has subjected me to any longer. lie has many times beaten me very cruelly. All I ask is the custody of my two boys, whom I am prepare 1 to keep as well as myself, and do not ask any mai'itenance from my husbnnd, but only that myself and my earnings be protected From him. The things in the houso are my own, but anything Mr Tonge likes he can take. In reply to defendant : I have been cruelly treated by you, I have had to save myself several times now, and run for my life at twelve and one o'clock at night. Every night for tho last fortnight you have been out drinking and playing cards at thcpublichous<\ Sometimes yon do not come home for four days at a time. Michael Cronin (sworn) : I am a 'bus driver, and reside at Waiorongomai ; next door to Mrs Tonga's. In reply to plaintiff : You camo to my house twice seeking protection, on one occasion about eleven at night, and again about one in tho morning. Tongc came a few minutes afterwards and asked yon to go home ; he appeared to have drink taken ; yon said you were afraid to go home, Lnst night yon came to my house at about a quarter to one in your night dress asking to be let in, as you had to mn for your life from Mr Tonge. [ advised you to go homo. In reply to defendant : I believe you have, been working pretty regulaily of late. I have seen you tho wor-o of drink a few time3 since yon canu to Waiorongomai to live. Frederick Ton^o (fourteen years), sworn : I know when my father comes home at night he kicks up a row and throws my mother out. He is not always all right even when he is sober. [ know he drinks from seeing him. Hj genoially comes home at an 1 at'lor eleven. In reply to defendant : I hive s^en you go to strike my mother, and tell her to clear out. By the Bench, to defendant : ITave you any objection to plaintiff obtaining the order she asks for. Defendant : None at all your "Worship, I shall be most happy ; but I wish to have charge of tre boys. His Worship : I consider it is quite clear tho boys' mother is best fitted to have the charge of them. We often see when a father dies the mother work hard and keep the home together, whereas, too frequently, when a mother dies the homo gets broken up and the children scattered. Order a3ked for granted, Mrs Tonge to have charge and control of the children. Costs 9s. John Biien v. John Hawkins. Defendant was charged with unlawfully assaulting plaintiff on 2nd inst, by striking him on the arm with a ti-tree pole. John Brien (sworn) : lam a miner and reside at Waiorongomai. On last Sunday morning I went down to defendant's house, but did not see him at home. Saw a woman there, and I called out for Jchn Hawkins. She came out, and said he was not at home. I said 1 would call again by-atul-bye. I went round the allotment, and saw him coming towards me. He said, "I will not allow you to come here talking to my missus." I said, "If you don't keep your cattle and pigs out of my allotment; I will shoot them." He said " Will you shoot them?" I said, " I will." Ho then took up a ti-tree pole and struck me on the arm at the elbow. I stooped for a stone, but did not touch it. I had to go home and lie on the bed all day with the pain, I own tho two allotments next defendant, and have paid throe years rent on them. He feeds Us pigs and cows on these allotments, and has buried a cow in otic of 'horn. In reply to defendant : I never offered to give you the allotments if you liked to pay the rent on them. I did not see you do np the fence or sow grass soed on them. There is grass on theTaTJofnientr I did offer to rent you the allotments about a fortnight ago. I n^ver challenged yon to fight. You did ask^nio to contribute towards the cost of repairing the dividing fence, and I said No. I did not call you a b thief. Defendant did not deny striking plain tiff, but declined to be sworn. By permission of the Bench he made a statement to the effect; that plaintiff gave him the- land about a year ago, that ho did it up anil sowed it into grasp, which came up well, and plaintiff theu came aad claimed the allotments bade again. Fined £1 and 11s costs.

I {^re you any relation to my sister ?' He blushed and Btammered, until the young lady, taking pity on him, solved the matter by saying : 'No ; but he'd like to be — wouldn't you, AJfred I'