RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 143, 3 November 1870, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, E g., K.M., and H

Bastings, Esq., J.P.,) TIIUKSDAT OCTOBEB 27.

Police v. Tonks. — For allowing one cow, his property, to stray within the Municipality. Fined Is. and costs of Court. Whittingham v. M'Rae, for damages. — it the request of Mr. Copland, who appeared for defendant, the case was adjourned for one week. Mr. Gooday appeared for plaintiff.

EJizibeth See Que v. her husband, "-'cc Qne. — The defend mt was charged with having, on the 2'3th October las^, violently assaulted his wife by throwing her on the floor and kicking and otherwise abusing her. Mr. Copland for plah.t.ff, and Mr. Gooday for the defend int.

Mr. Goodny admitted the assault to the extent that the husbaud did use a leathern strap, but denied that the husband had exceeded the riidit vested in

him to chastise his wife when not amenable to control. The learned gentleman quoted Blackstone in support of his statement.

The evidence for plaintiff went to show that she was only married about one month ago Tiiat on the 25th October she was living with her husband at the Chinese Camp. A bout a week previously she went to see a friend living in the neighbourhood. The hu3band went to the house and asked her to come home. She answered that she would be with him immediately. She went home shortly after When she reached home the door and windows were fastened. She got one of the windows opened, went in, dres-sed herse l^ and then came out again, and she and her sister went to the play, her husband previously having desired her not to go. They came home about ha'f-past ten, and again found tho doors and windows fastened, and could not get admittance, so had to go to a friend's house and stop all night. JN'ext morning she went to the home and got in at the window. The husband also got in at the window and commenced assaulting her. Her screams aroused the neighbours, :-ui'l by their assistance she was taken out by the window. Her husband endeavoured to follow her, but was pre rented. She then went and laid the information aijai'ist him. She had never given him any reason to treat her as he did. He expressed no regret at his couduct.

On cross-examination she admitted that her husband forbade her visiting some of her neighbours. She obeyed him until the previous day. She did n->t break any of the windows in going into the house. She had never thrown boiling water on her husband. Tho first beating was for visiting a Mr*. Tagnette. She hid been away more than once without her husband's cousent, and against

hw wish.

The Bench elicited from witness the fact that the husband wa3 of a sorr and bad temper ; that she had conducted herself always respectably ; that the husband had beaten her three times within the month, and that jealousy was the cause of his beating her. She had got nothing from Li n. She had 10 wash to keep herself aiid him iv food. had presents of money made to h«r by the Chinese on the occasion of her marriage. Her sister's evidence, and that of Mrs. Chu Q.ii, went to corrobo:a f a the main facts of the beating, but not being cognisant of the commencement, nor the G:iuse of the row, their testimony was of little moment.

The evidence for the defence was unimportant, the only witness who knew anything of the matter merely saw the concluding portion of tlv* delightful matrimonial fracas, having helped to dra^ the injured one out through the window, aad during the arduous undertaking said that her language was anything but cMasift. Peiu^ a Chinaman, he could not pr-movince the words, although he made a manful attempt.

After conversation, the Bench remarked that they were satisfied that .the husband got ample provocation to ca-ise

him to do what he did, but the Chinese" nrist understand that when they nvirry j a E troptfau in a Bri.isii c >lo!iy, tltey aTff .un -liable to the law* of .hat Joicmy, an* | whatever thtir la.vs m.iy be in China l» reference to controlling tlioir households', I here cue beating of a wi:'e would not '•* tolerated for oue m-nnesit. Tiio iJoach,to show their disapproval of such coiulu-j'"* would tine the defendant, bnt under tl:8 circumstances they tn night a nonihi.l hno would meet tlie cireu matinees of the case. Fined 103. and costs of Court. The sister of the above p'aintiif had b;en living with plaintiff for some tima in the Chinese Camp, evidently in a tainted moral atmosphere. The Bench, upon her expressing a wish (in answer to a question by the Hench) to go ti Dunedin, granted her a ticket for Dunediu by coach, of which she has taken advantage. [We learn that the you:ig woman referred to in ilia above report; returned to Lawrence by coach on Monday evening last under an assumed name. — Ex>. T.T.] Mr. iM'Coy applied on behalf of Mark Higgins of Waitahuna for the temporary transfer to the said Mark Higgins of the botrle license now st aiding in the name of B. Ilibbard at Waitahuna— proceeding the application for absolute transfer at the next licensing meetiug. Granted.