CONTEMPT OF COURT

Taranaki Daily News, Volume L, Issue 61, 31 October 1907, Page 3

CONTEMPT OF COURT

AND ITS CONSEQUENCES, SEVEN DAMS' IMPRISONMENT WITH HARD LABOR. What was opened by counsel yesterday morning as one of the most painful cases in the whole of his somewhat lengthy experience as a legal practitioner developed into one of the most disorderly of incidents—perhaps the worst —ever seen in the New Plymouth Courthouse. I Caroline Hoskin, the wife of llenry [ Iloskin, through iier counsel, Mr T. S. Weston, complained of the persistent cruelty of her husband, and that he had failed to provide for her maintenance. The defendant interjected: Where does the cruelty coino in? The Magistrate (Mr H. 8. Fitzherbert) queried: What have vou to say about it? I

The defendant: I haven't been cruel. The Magistrate: Very well, you'll be >!« to tell us your story later on. Mr Westi.il, in opening, said that this was one of the most painful cases that had ever eoiue before him in a lengthy pr :ctic j Defendant: Speak out so that I can hear you. i'our're mumbling it all up. The S.M.: He civil in Court. Defendant: Well,. I want to hear wiiat lie says. The defendant was then accommo-

dated with a seat in close proximity to Mr Weston, who proceeded with his address. lie h:d just about reached the point at which iie had previously been interrupted, when Hoskin interposed: "What are you mumbling about now? I can't liear."

■Tlie S.M.: Iloskin, are vou sober? ''Ves.' '•\ cry well, then. You should be in four right sonses, and 'behave voui* :eif." ' Jlr \\ cslon said that the cause "'of these proceedings ivas drink, and he was of opinion that even now the defendant was suffering from too much alcohol. He had been fined the day before for drunkenness. Counsel stated the parties had been married in New Plymouth on Oclober 28th, 1878, and lived in town for a couple of months. Durii)" Hie first week defendant cjuarrelled with his wife, threw a sewing machine out of the window, and blackened her eye. llien they went to Urenui to live, the defendant working on the creation of the hotel there by day and drinking by night. Three months later they went to live at Inglewood, where the complainant bought a house with money t iat she had had prior to her marriage. _e Ciirr ied on his trade of carpentering intermittently, but was idle for four months in one year and five months in another, airs IToskin keeping him out of her earnings by sewing and other work, lie bought a cow for her, and charged l"o shillings for commission. That monej went in drink. On one occasion lier husband blackened her eye because she had received from the post office aeraunts due liy him before his marriage. Directly after the marriage a. man Milled Hood called on her to pay for the very clothes lie stood in when she was foolish enough to make him her husband.

J The defendant interjected again. The a jr.: ]f you don't keep quiet, I'll have to deal with you, ' Defendant: Well, I can't help it. The Bench: But you must help it Dont you interrupt, Mr Weston again! Hoskin said hn couldn't remain quiet and listen to such stuff.

Counsel resumed. Soon after leaving Tnglewood Mrs Hoskin bought 25 acres of land from the late Major Parris for £llO, on condition that a house wis /rected- After further interruptions, ilr W eston detailed the assistance given by Hoskin in the erection of the house. Frequently the complainant brought him home drunk from tlie publie houses and from the streets, and in return for her goodness he would assault her. On one occasion he took off his belt and thrashed her with it. The complainant took a house in New l'i mouth, and conducted a nursing home. The defendant did some work occasionally, but Still drank freely, and used to assault her. I a 1887 she obtained a protection order, but she broke it upon his entreaties and upon his promises to treat her properly. He soon bro"ke his promises. The wife did the whole of the work on the 25 acres besides the household work.

Defendant broke out with a denial. The Bench: Will you keep quiet? ' Defendant: I'll keep quiet if vou can make me keep quiet.'•You're only doing your cause harm.'' 'I don't think so." Well, I think so, and I'm the iudcc 1° ~Y o" nmst keep If vou don t 111 have to deal severelv with von."

Counsel went on. The defendant as a member of a volunteer eonrnanv bad been entrusted with a gun. This on one occasion he loaded and pointed at his wile, threatening to shoot her \ roadman was called in, and the possibility of a tragedy was averted. Later Mrs Hoskin obtained .€4O by the sale of a horse, trap and harness. Hoskin came and ro,bb«d her of the money. This drew an emphatic protest from the defendant. "Do you make the assertion that I robbed her of £40?" he asked indignantly, and went on with some uncomplimentary remarks. J'"! S -. M - utt ered a last warning, threatening punishment if Hoskin continned JLia misbehaviour. -VOil can punish me if you like; but c.in t stand him saying that Continuing the story, Mr Weston said J-lat Itosk.u was ,compelled by the police to return the money taken. Un one occasion the complainant and two .idßpted children were ill, and the deM f tlle ' m w.taout comfort, an U V returned to the farm, mortgag^ 051 " 8 ,° f St ° Ck ' uS

Br Hyjie g.ive evidence [hat Mrs tou " S i suU ' CTi,I S severely from ner\ou» complaint, which could be traced hci husband a treatment of her She w*. not likely to improved nw the ' riio' I UuuWu iad b een removed, llit complainants evidence tully Corf u hu , 7 0nin ='- husband • d a^salilted lier with his fist, had vdh\ Zu y t, .' e . ttroat i thrashed her a. belt, and kicked Jler on several uccaaoiu, and he had scarcely contriJl towards her maintenance. He .t • druuk - ° uce u s P e "t Mi^' g . , fe "" nS lUUUd aua round the nr H ! y miUches and trying to i! <i a " d JlCr ( Wl tness) W ilh il. (Ju another occasion lie sai I hj» would ourn the house do J z:zrr ivr i i - ™ ~ dow u under the strain. 1,," 1 , I ticorge, Who had lie (I ueutly pio- - ed the compliant, g J e •i -.ve ev.dence. She had seen the com--1) aiuant lh-treated, and had interfered. sjr 'T, , 0i ' an ad "I ,tuJ s ™. kin I f treatment of Airs Hos- , lllJ bec " Clucl as lar back as he remember. On one occasion he cauic I l orn school and found his mother IMendant made some insultin" remarks and the Magistrate announced «io intemton of dealing with him later. Unfortunately, he said, he had to allow him as defend int to remain in court, nge 11,1 boiimg over Ivit h

'-the witness told of another instance. •Uc was called ■ home from work by a foun i n y ' ))' hen he got home he fouNj h,s mother outside the house « th blood over her face and throat. Ilie defendant was arrested for that. time"" 1 liM '" ill " truilt ' mellt hundreds of

Delcudant a.-kod no questions of any Ot the witnesses, but again insulted the last witness.

Constable O'ilalloran deposed to tile arrest of defendant' in April, 1900 f or asaulting lxis wife. '

His Worship said that defendant's conduct was the most infamous that he had ever seen in court. The only excuse that could be offered on behalf of lloskin was that he was even now halfdrunk. lie added that he intended to grant the order, and was proceeding to administer a reprimand when the defendant gathered Up his belongings and prepared lo icavo the court.

"Dnii't let that man go away," the Magistrate called to the police. •'Take him in charge."

Tho defendant was seized and placed in the prisoner's dock/ He turned his attention to tlio police. "I'm not frightened of vou, White'house. Who are you';" lie said. Then his eyes fell upon Mr Weston. "Now you'll get something," he said, addressing counsel familiarly, ''i'ou want something. Tho best thing you can do is to bring some buys from your office, if you want to frighten me,Mr T. Shailer Weston. Smells j nice, don't it? I'm too much for you, anyhow. I'm too many gang." I This settled the matter. The S.M.

said he was quite satisfied. Mr Weston need not go any further with his case. Addressing the defendant, "Hoskin, what have you got to say?" Tve got a good lot to Bay." "Well, get in the box." Defendant was sworn. "What are you'/" asked the Magistrate. "I suppose I'm a man. I don't knew. A carpenter, i suppose." "What have you to sayF "Tlwt'.-i drawn out tor cruelty, isn't it';"

"that's one of the grounds." "And want ot maintenance!" "Yes." "Well, she's living on the interest of her money. There!"

"Have you nothing to say about the cruelty?" "How do you know I was cruel?" "Frqm~the evidence before me." "I could bring evidence -the other way, but 1 don't w.mt to. I'm not a coward."

"Had you been sober, I'd have dealt with you summarily before this. Not being sober, you have been given every latitude." - • - - -

I "I've never been cruel, not in my life. I've, been too good." 'ln what way?" "I let tliem all alone in their glory, a,s the Irishman said one time. I don't want to fight my own battle. If she gets an order, let her get it. But I've never been cruel to her. The oldest boy would have told you that, but i didn't bring him. That beggar there (indicating the adopted son who had been a witness) is a snake in the gras*. I'm not going to blackguard anybody. Look at him (the same witness). He's blackguarded me through thick and thin. I'm independent of llieni all, God!"

"Is that ill you have to say?" "Yes." "Now, constable, take this man in charge?" Defendant: "What for?" "For your behaviour in court." The order for separation was made, without maintenance or costs, as requested by the complainant. "All she wants is peace," said counsel. Addressing the defendant, now in the' dock, the Magistrate said he had warned him no end of times, but he had persisted in his misbehaviour. "You've been insulting to learned counsel engagcd_in the case, insulting to me, and insulting to some of the witnesses. That can't be tolerated in a court of law. In all my years of experience 1 Have never seen such conduct in any court. I told you 1 was going to punish you. I gave you no end of warning, and you persisted. Tile only possible excuse, a# I have said, is that you are half drunk. Bat I can't take that as | an excuse, except to give you less than I would otherwise. tfou are sentenced to seven days' imprisonment, with hard labor, in the New Plymouth gaol." Defendant: What! Seven days' in gaol? What for?

"It will give you a chance to get pro perly sober and find out."

''Good Lord!" lie muttered, "seven Jays in gaol." Then to the constable, "What for?" '

"Contempt of court!'' '' "~ r !■ ! ' Contempt of court? Me?" And he was still protesting volubly as he was led away to the cells.