PRIEST VERSUS HUSBAND. AN EXCITING FIGHT.

Te Aroha News, Volume VI, Issue 330, 2 January 1889, Page 5

PRIEST VERSUS HUSBAND. AN EXCITING FIGHT.

THK NEW PLYMOUTH SCANDAL. From papers to hand we extract the following fuller particulars of the extra" ordinary case heard last week in the Polic e Court at New Plymouth, when (Jhavlcb Gallagher was charged with using threatenin»' language to his wife. On being asked to plead, defendant .said : I deny having u&ed the words?. The tirst thing I know was when 1 was knocked down by lite Worship : You need not make a statement now. Mr Samuel opened the case, brielly detailing the evidence that would be adduced.

THE WIFE'S STATEMENT. Margaret Gallagher deposed that, she was the wito of accused. She hud been innvnecl to him for 10& years, and she had live children, who were now in the convent. Aitevfeomoproliminaryevideneeshedeposud: — The Rev. Father O'Donnell drove mo to Waitara to see a lady friend thoi c. I returned at 3.40 p.m., having left New Plymouth at 11 a.m. We only stayed a low minutes at Waitara while I visited a lady Iriend, who plucked me a bunch of iloweits Dinner was ready whon Tre got back. The Rex, Fathers Caesidy and Costello had finished their dinner ; the Rev. Father (,'as»idy went ont. X sab down at the table at dinner. J did not see m> husband when I came in. After I had finished my dinner the servant bttiri j-he hoped I would not go until I had a cup of tea. I had half taken my cup of tea when Mr Gallagher came to the dining-room door. He addressed me as usual, "Madam." He said, "Madam, I want you." 1 {.aid, "I will come diicctly I drink my tea.'" He went into the bedroom. Ho had all the children in there. I heard him Bpeaking to them, but 1 could not hear what he said. He came to the dining-room door again.' He turned to me and said very roughly, "You had better get out of here." He raised his hand at the same + ime to strike me. 1 was sitting down finishing my tea. Father O'Donnell, who was sitting nearer to my husband, stood up and prevented my husband striking me. He said " You shall nob strike Mrs Gallagher while I am here.' Before that, in the morning of the same day, at about nine o'clock, I went into the bedroom, and my husband said to mo, " I do nob know what to think or what to do. I will get away from here as soon aa possible; you are always getting me into trouble. I will take your life. I promised to do it often. 1 will blow your brains out." He told me the day before that lie had got; a revolver from a tobacconist, and he would blow our tour brains out, meaning the three iev. gentlemen and myself. All these threats tended to make me j frightened ; he has an uncontrollable temper. He has threatened to shoot me hundreds of times. Mr Gallagher : Were you frightened of moY Mrs Gallagher: Was I frightened? I should think I was. H6 has pointed a loaded revolver at my head. Ho has beaten me till I could nob see. I have been subject to frequent illusage. I have given no cause for him to take notice of— tor any sane man, at least. lam now in bodily fear of him. Cross-examined : I have had trouble with you before we met Father Caseidy. Defendant : What was the cause of the lirsb row we had here ? Was it not because Father Cassidy asked Father O'Donnell to take you out for a drive, and I objected V Witness : No ; I did not hear you object. Of course you ai'e of a suspicious natuie. Defendant: Did I not say "I want five minutes' talk with you ?" Witness : Yes ; and I said I would come when I had finished my tea. lam not a littlo poodle dog that I should dance attendance on you. Defendant : Were we not good friends on Monday morning before we got out of bed? Witness : Oh, yc3 ; you said I was a love and all that was good. Defendant : On Friday morning did I nob tell you that I did not want you to go out driving with Father O'Donnell V Witness : I don't remember. Defendant : Have I nob settled all my property on you '! Witness: \es ; settled everything on me ; ib was for your own good.

THE PRIEST DESCRIBES THE BATTLE. Uichuicl O'Donnell, priest in holy orders iti the Catholic Church, stated that he had been &taying in !Nesv Plymouth for about eleven months with Father Cassidy. Mr ami Mrs Gallagher came to stay shortly before Christmas. Tliey seemed to be on bad terms. On the day preceding Christmas, I asked Mrs Gallagher to go out for a drive, and she said u Yes." The husband made no objection. We went to Waitara for a drive, and returned to New Plymouth at 1.40. I did not see. Mr Gallagher till dinner was ove", when he came to the door and asked his wife fco go into the bedroom. He told her she would have to come in. She said she would as soon as she had taken her tea. He went away, and came back and asked her again, but she did nob go. He held up his hand to strike her. I told him he would not strike her when I was there. He turned to me, and told me that his little boy said that Father Cassidy and I were laughing at him. Then he put up his fist and hit me on the side of the jaw with his clenched hand. I took hold of him by the collar with ono hand and pushed him back into the corridor, and as he went back his head struck on the framework of the door. It was accidentally that his head struck. He backed up against the end of the front door, and it shut to. I was holding him, but I had not up to that time struck him. When the door shut I pushed him into the little parlour. I was doing this so as to get him away from, his wife, so that he would not ill-treat her. When I got him into the parlour, I struck him.

I GOT ENRAGED. He was struggling with me, I cannob say that he tried then to hit me. I had entirely losfc my temper. Father Costello was in the room with me at the time. I put Gallagher down on the ground on his back. I cannot say whether the marks which &re now on his face were caused by me 1 ; it is possible they were. I struck him twice, I am certain, but I cannot say whether I did it oftener or not; I may have done. I bumped him on the ground several times. He cried out for mercy, and said it was only a coward that would strike him down. I stood him up on his legs on the floor. I told him to promise that he would j not attempt that again while ho was here,

Defendant 'safe down on the sofa, and I asked him a^ain to promise ; he would not promise. He said if it were not for the coat I bad on he would strike me. I said, "I will tako off the coat," and was proceoding to take it off wheh defendant took j hold of me. Both he and Father Costello got I hold of me and would not lee me take off my coat. Father Costello told me to give Gallagher a good thrashing. Gallagher said that one was not able for him ; it took two. I said " All right," and told him to be ready. He then commenced to defend himself, and tried to strike me. He shaped at me. 1 hit him with my left fist over the right ear, and his head went against the window. He took hold of a vase with fish in it, and tried to strike me with it. Father Costello took hold of his arm. That was the first time Father Costello touched him. He pi-evented Gallagher striking me with it. I then put him on the ground ; I did not strike him, but I grave him a few reminders (bumps) on the ground. Defendant tried to kick me the first time ho was down. The second time he got hold of my whiskers, and tried to bite. 1 bumped him up and down till lie (stopped that. We put him on his feet again, and told him to wash his face. I did that so as his children would not see him. Defendant would not wash his iuee. I told Father Costello to tell the children to r go to the convent, so that they might not see their father in such a condition. When the children weiegone, we let him out to the bedr.oom, where he washed his face. Mrs Gallagher went to the convent with the children. Afterwards Gallagher went out. Mrs Gallagher has been staying at the convent ever since the affair. Cross-examined : The first timo I struck you it was in the room. I do not know whether you fell from the effects of the blow. " Father Costello did not get hold of your hand and hold you when I struck you. Father Costello told me to give you a good hammering. Your foot did not touch me. I cannot say what your intentions were, but 1 thought you tried to kick me. You might have fallen on the table. I cannot cay whether I threatened to strangle you. I might have done. I lifted you up and knocked you down again. I would not let you out of the room when you asked me, because you would not answer my question. I had my knee on your breast. I don't think I hit ■ you down. Defendant : Did not Father Costello pat you on the shoulder and tell you to thrash ' me? Witness : Yes. Father Costello deposed that he was present during the disturbance. He corroborated the evidence given by. Father O'Donnell. In addition, he admitted having told Father O'Donnell to beat Gallagher. Father O'Donnell was quite cool, but Gallagher was very excited. He did not hold Gallagher while Father O'Donnell thrashed him. Witness saw Gallagher try to strike Mrs Gallagher. Gallagher also threatened to shoot the four of them. He had known the Gallagher's in Auckland and the Thames, and he did not know any cause given by Mrs Gallagher to provoke Gallagher. Cross-examined : You have boasted that you shot some priests in Colorado one morning before breakfast. To the Bench : I cannot say that i have ever seen Mr Gallagher drunk, but he has constantly appeared to be muddled. Charles Gallagher deposed : I used threats to Mrs Gallagher. On Thursday night Mrs Gallagher came to me and said she was going out for a drive with Father O'Donnell, and I told her not to go. I never told Mrs Gallagher that I would shoot her. 1 thought that my wife should go out with mo instead of going out with the priest. 1 1 was only a joke about the revolver and shooting priests. I admit that 1 am hasty in temper. I was not drunk then, I don't remember anything about striking the priest. I have no lawyer here to help me, and I cannot state my case. 1 made all nay propprty over to my wife. The Bench said it was clear he would have to be bound over to keep the peace in £200, and two sureties in £100 each to keep the peace for six calendar months. Defendant said he had nothing to say against his wife's character.