RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2561, 28 September 1893, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—-Tuesday, September 25th.

[Before C. A. Wray, Esq., R.M.] WIFE DESERTION. Henry Williams was charged on remand with unlawfully deserting his wife, Elizabeth Williams, and seven children, and with leaving them without adequate meaas of support. Elizabeth Williams, wife of accused, said that she had been married fifteen years. She had seven children living. Her husband left her in October 1892. He had been away ever since. She had received £2O 15s from hiui during that time. The money received was not sufficient to keep her family. Received a letter from him stating that he was going to Melbourne. By His Worship: When he went a way he left witness £B, but nothing that could be converted into money. There were several small debts to be paid out of the money left. About three months' rent was owing. If the rent had not been paid she would have had to leave the house. Could not say when she received the letter produced, uudated. A letter was received in August last and £2 was enclosed. He did not in the letter state where he was living. Had neve r got on very well together. Had threatened to leave her before. Could keep her children on 20s a week, and pay the rent. For about three weeks the eldest boy had been earning 5s a week without board. Had received charitable aid for about a week. If i* were not for help received from neighbours, would not have known what to do. Had a good deal of sickness amongst the cnildren, and had applied to the police for medical assistance. Her youngest child was fourteen months old. His Worship calculated that according to witness's evidence she had only had about £6 for food, after rent and debts were paid.

Examination resumed: Her husband wa3 a wheelwright, and when in Temuka earned from 8s to 10s a day. Cross-examined by accused : Saw you when you came down from Fairlie Creek. Did not remember getting any money then. Did not get any money for 3 months at a time. Did not get £2 10s in addition to amount stated. Got some of the money by telegram post office order, postal notes, and cash. Got receipts for rent paid. The house was being bought by instalments at the time accused left. Afterwards it was let at rent?'.. Accused had left her twice before. On one occasion she had begged him to come back. Sold a gun while accused Fas away, for 20s. Sold her interest in a section for 30s. Had to sacrifice it.

By Constable Bourke : Accused moregaged the section for his own benefit. Thomas Bourke, constable in charge of Temuka station, said he had known Mrs Williams and family for a number of years. Williams left about the end of September, after a case he had with Mr Job Brown. On that occasion he got judgment for £sl 3s, and £5 6s costs. Had not seen him about siuce. Some 3 or 4 months ago Mrs Williams spoke to witness, and enquiries were made through the police at Winton. From information received believed he was earning 8s 6d a day. He was a good tradesman, and able to get work where an ordinary wheelwright would not. He was arrested in Wellington on the 19th inst., going under the name of Henry Richmond, and living with another woman in Collins's cottage, paying 6s a week rent. Letter produced written by this other woman was found upon him. Mrs Williams was in very bad circumstances, almost in destitution. She had been living on charity, starving in silence to screen her husband. Had visited tho house. The children were decently clothed and kept clean. The children did not look ill-fed, but the place showed signs of poverty. There was little fuel. About a week ago had to get Dr Hayes to attend one of the children, and now had authority from tha Charitable Aid Board to assist Mrs Williams. He considered her case the worse one of destitution in the district. Had advised her not to pay any rent, but use the money for food. Had seen the receipts for rent. It was about 3 months since Mrs Williams spoke to him about her circumstances.

By accused: Had word fratn Wioton. that accused. wag earning 8s 6d a day, The waii for- whom he had previously been woiking had gone through tha Court, owing him about £B. By hia Worship: Accused had told him that ho had since received this. Accused elected to give evidence on hia own behalf, aud stated that he left Temuka iu October for Fairlie Creek. Recollected sending £2 from Fairlie. Came down about a settlement with Mr fyiV]> W$ P a H a s m\ l grocer's, ac,e.ou,n| and gate hte vyife 2ps. " \Vpnt papk. to, Faiiliebut left for Souijilan.d. Before doing, so came tQ Timarii auft received £%7 sai Gaye bis wife £§ then. JJuring the tjme he h; d been away he had not kept ft very regular tally, but thought he had only worked 24 weeks. Could not say for certain, but believed he had sent about £3O since, he. left "Wiatoa. On olle occasion had requested his employer to send £2 10s to Mrs Williams. Had no rpason to believe jt had opt been 4(Wi§ t Had subsequently gone, fa Wellington, and had just got into steady work wiien he was arrested. He was earning 8s a day, but could only make 5J days a week. It did not cost him more to keep a woman in Wellington than it would to board himself in the ordinary way. The woman he was living with paid her own way up from Invercargill. The man he had been working for had foj guipjoy him again, '

Constable Bourke drew attention to the letter, which stated that "if you are bound to keep Lizzie and the family, you will have little to spare for me." Hiß Worship reviewed the evidence, and pointed out that according to both sideß Mrs Williams could only have had £lO or bo to live upon. He had left his wife to her own Blender resources, while he cruised about with another woman. He considered it a most cruel case, and saw no reason why accused should not go to gaol for six months. Accused said he had done all he could.

Hia Worship said he should make an order for payment of 20s a week. Be could not let him off with that, however, but should in addition sentence him to 3 months' imprisonment with hard labor. NEGLECTING TO REGISTEB. H. E. Smith pleaded " guilty " to neglectii g to register a certain male child. Fined 6a and costs. CIVIL CASES. Miles & Co. v. Downes Claim £2 3s 2d.—Judgment for plaintiffs by consent. Geo. Gibbs v. H. Lynch Claim £2 0b 5d. —In this case defendant stated that he had asked Mr Maslin, who was one of the trustees of Gibbs's assigned estate, to sell some harness and pay the account. Plaintiff stated that he had assigned his estate, but subsequently bought back the book debts. The account in question was one amongst those purchased. Had received an order upon Mr Maslin, who knew nothing aoout any harness being sold. He had never acknowledged the order in any way. — Judgment for plaintiff for amount claimed and costs. Charteris v. W. L. Duncan—Claim 10s, for carting potatoes. Judgment for plaintiff for amount claimed, and costs 6s. Jas. Miles v. N. Nathan Claim £4 10b.—Judgment for plaintiff by default for amount claimed and costs. The Court then rose.