Magistrate's Court. (Before Major Keddell, S.M.) Thursday, Jan. 5.

Waimate Daily Advertiser, Issue 33, 7 January 1899, Page 1

Magistrate's Court. (Before Major Keddell, S.M.) Thursday, Jan. 5.

H«nr,y Thomas win charged by bis wife, Annie Thomas, with deserting her by turning her out of his house at Makikihi, and refusing to maintain h«r or her infant children. Plaintiff asked for a summary separation, and also for an order of mainteaaace. Mr Hamilton appeared for plaintiff and Mr Hay for defendant. The witnesses in the case were ordered out of court, Hu Worship asked if an amicable arrange* ment could not be arrived at by discussion, betweea the legal gentlemen employed. It was decided to go on with the case, Mr Hamilton said that complainant complained not of actual chastisement, but that he had used bad language to her before the children, and had frequently threatened her lfe. On two separate occasions he had turned her out of the house, About nine months ago he turned herself and two eldest children outside in the night time in their night dresses. About four yean ago he fired a gun near her, and tried to strike her with the butt. The whole matter oulminated on Dec. 10th, when she wag speaking to a young m*n named O'Neill, fer whom she did washing, and who came to the house periodically to get hii clothe*. Defendant turned her out, and had refuted to take her back. About three or four months ago had threatened to do for her. The wifa had reosiyed fqr the last three or four months only £6. The husband paid the store account, and she had earned money herself. He would submit that this was nqt sufficient support. He also submitted that the turning ouj; pf his wife would constitute desertion. A.nni« Thomas, sworn, said she was the wife of Henry Thomas., to whom the was married in June, 1880. Had rjot lired on good terms since the first three months, when the husband's jealousj and money matters made trouble, Defendant had used bad language to her, and had frequently struck her and kicked her. Four years ago he was cleaning a gun in the evening, and about 11.10 he called witness, who was in bed, saying he wanted to see her just for a minute. Said her sister, who was sleeping with her, could come too, He had threatened to take her life during a quarrel in the morning over money she was supposed to have wasted, and s,he was afraid, go her sister opened the door a^d they ■went out Ijo the front of the house. Just then a gun wa» f].red twice. Left him for a week after this occuried. About nine months ago at 9.30 one evening ne, turned herself and two children put again, because she waa supposed to have wasted money. She asked hjm to allow her so much and keep the rest, but te would not. Jle had always paid the store tyll, She remained outside about an hpur yrith the ' two eldest girlis, all clad only in mghtdressesj About 10th December Ut ~E, Q'JJeill came to the, house about 8.50 witti a shirt. He was just going away when her husband oame in ]and pus her and her eldest child out and said he would not keep her. Went back to the house on the 12th but he refused her admission^ saying that hp intended to keep aeither he* nor the children. t© the house on the following Friday and found the windows f-U nailed up. During the last six months •he had not received £6. She had provided the children/B clothes. It had cost her en an

arerage 5s per week, whick phe had earned at iailoimg' and dressmaking. Eemembered him coining homo about three week*' ago and saying goodbye to the ehjldren, as he was going 'to do away wfth himself. He cipne ba«k an hour afterwards and asked the children whit they thought of her. Said he would null the childien to Bqrnham. Th«q he went out, saying he had a better iroman picked out than her!' On the 30th Oct. he said he would do for her, he would murder her. Pnly the children were present. The eldest child was eight, the, next six, the next fire and the youngest 11 months. They were" at present in Christ«hur«h. They were not present, as they -were nil unwell. Her husband had said she 'was a low character. To Mr Hay : They were married in Ghrietchurch and faa'i been liviagin Makikihi sitie'e, During that time her husband had been constantly employed on the railway. Her brojsher had stopped at' the house for 12 months,''payi*g his board to witness. Her husband

had pressed him tq stop. Did nqt laave her home because her brother cbuld not stop. Was sot subject to violent' fits of temper. They livecj in a four-roomed houije, she and her husband occupying the front bedroom. Did'not lock her husband out of the front rooms, Had always prepared hi?s meals, except when unable. He took his dinner with him, plaintiff preparing it. Herself and brother tferit for a day's outing, to Waimate, her husband knowing of their intentien. Had brought two lawyer's letters dpring their married life. O« the occasion of the gun episqde, he was in the kitchen, but witness did not "go to him. Went out of the front door of her own house, and she a,nd her sister went in at the window of Mrs Jailer's house. Mrh Fuller was away, but when »he came back she advised her to go back, pad left the hpuge a few minutes when she heard the two shotk. Her husband did not follow her to Mrs Fuller's at once, but tame afterwards a«d asked her roughly to come home.

Stayed a day at Fuller's, and tken her sister and herself cime to Waimate for a day. Went back and stayed four days at Mrs Fuller's. Brought the three children to Mrß Fullers. During tke time she remained there, her husband asked her to go home, and she want home with Mrs Fuller. About a year ago, she went away to Christchurch for three weeks for a holiday, with her husband's knowledge. Did not lay she would dear out. He had got her a privilege ticket. Had not »,ilced her husband to get a shift to Christchurch. He had been anxious to go, she had not. Did not say that unless he got a shift, she would leave him, and did not urge him t» leave his work on the railway and get other work, as 6s 6d per day was not enough for her to live on. Had never screamed out to attract the neighbour's attention, without cause. On the Saturday Mr O'Neill was there for an hour. Did not abuse her husband to Mr O'Neill. Her husband came up as tke latter was going, and the three remained in conversation for some time. Her husband did n»t find fault wUh her for discussing him to Mr O'Neil. He bad used bad language *o her on Sunday morning at 7>30. Had her breakfast with the four ohildien at Mr Goodall's. Her reason for going out was that he used bad language, Had pot called put insulting names to her husband, so that his felloW'WoiJjmen could hear. Her husband paid the store account. Had done wa&king, tailoring, and dressmaking since her marriage, and her husband had seen her receiving tha morj«y. To Mr Hainiltop ; She sent the first lawyer's letter because he struck her, and another thiee years after for the same cause, The last one asked Mr Thomas to provide for her and the children or further proceedings would be taken. He asked her to forgive him and he would never do it again, The matter then dropped. Her parents lived in Ghristchurch, Edward O'Neill, sworn, said he was a ploughman residing at Otaio. Had been in the habit of getting washing done by Mrs Thomas, The last time he went about 8,30 and stayed till nearly 10. As he waa leaving Mrs Thomas said she was getting a separation from her husband. Just then the husband came up and pushed her outside, Stayed about half an hour while the husband and. wife were talking about njoney matters. Could not recollect what passed. To Mr Hay : After this, witness went away with Mr Thomas. When her husband had. pome up he found fault with her for running him down to witness, Alex. Goodall, sworn, sajd h« was schoolmaster at Makikihi. Knew the parties in this case. Had taken a great interest in them and poi»ted out to the husband the consequences if they did not live happily. He said he would not provide for her or the children, but he would sooner see them jn Burnham. Did not succeed in pacifying him as on a former occasion- Mr Tnomas admitted having used b^d language and witness reproved him. On one occasion he came to tears over it and acknowledged himself in the wrong. He said debt was at the bottom of it. To Mr Hay _: At thp Jime of talking he was living with the wife and children and witness understood that h* meant he would not provide for them if living apart. Defendant; came to witness for lessons in reading and writing, after working hours. Had never seen accused th^ worse of drjnk, but had pmelt it upon rum, Margaiet Whitelaw, sigter of Mis Thomas, pworn, said she was a tailoress living in Christ, church. On a visit about four yea.is ago, was in Mrs Thomas's front bedroom" with her sister about 11 o'clock. Mr Thomas had gone out after tea, after a row in which he threatened to do for his wife. They heard him come in and call out for his wife, They were frightened, and ran to Mrs. Fuller's. After Easter, 1898, witness stayisd with her sister for p. fortnight, and her sister's husband constantly swore at her. On one occasion, four years ago, he had struck her on the side of £hj; face with the butt of the gun, and witness hearing the noise pleaded with him to stop. To Mr Hay: Had made several visits, to her sister's house. Jt was about ihree'days after the striking with the gun that they went to Mrs Fuller's. After seeing Me Thomas cleaning the gun in the evening, they did not see him with it again. Since four years Ago she had not seen any personal violence. Tke house was well provided. Mr Hay detailed the circumstances, and for the defence called "'Henry' Thomas, who said he wai a plftfac

layer employed by the Bailway Departm«nt and resided at Christchurch. Wai manied about nine years ago in Christchui oh. and Jijld shortly after moved to Makikihi. Ha had been steadily employed at 6a 6d per working day. H*d ndt been long at Makikihi when her brother came down and stayed two months. Told his wife he could not afford to keep her brother, unlesi he pAid a little for his board. She laid if he did not keep her brother she would leave him. Hext morning »he and her brother went to Waimate, leaving witness at home with the baby. When sh« R*me back she brought Mr Childs, a neighbour, and * lawyer's letter. A day or two after witness's wife said &he wa« sony, she had done it in a temper, The next time sh« left waa when she went to Mis Fuller's. Had lieen at work that day* but had gone away on friendly terms. On the evening he had not touched the gun. Aftei work ho had no quanel with his wife. Went down town for *n hour, came home at 9 and went to bed in the back bedroom. Called out that he wanted to see his wife. Had no gun. The next thing he heard was the door shutting. Got up and found they had gone. Went buck 'to bed and found out the next morning his wife was at Fullei's. She would five no leason for leaving home and said she would not come back to live with a blackguard like him. During the week she stayed away witneis took the childien to Mis Fuller's in the morning ■when he was going away and came for them at night. Witness saw his wife at Mrs Fuller's and she said she would not come home till dark, when Mrs Fuli«r came acioss with her. The^court hera adjourned for three-quarters of an hour. On resuming, Hi» wife used to lock the middle door of ihe house. He used to prepaie his own lunch in the morning, and go out without seeing his wife. Remonstrated with her, but on these occasions she got into a violent temper. On occasion*, she opened the door and abused him as he went by on the trolly. They could not always catch all the words, but they heaid sorno. Sometimes it was a week or more before she spoke when she wa« in a temper, unless someone came in. Had never used bad language to her, but she had often gone on her knees and piayed that ht might be killed before he came back from his day's work. One time sh» held up a butcher's knife, and said the would like to drive it through him. Had been m the habit of paying the store bills at Meehan's, and thea to hand her the balance of the money, and she could p&y other aceoumts. The house had *lways been well provided with food, and th» children with clothing. On the evening of the 10th Dec. saw her talking to O'Neill. la about a quarter of an hour, O'Neill went to the house. Was standing behind them for a time. Heard hei say she would not be seen walking with her husband, who was a low dog. O'Neill said several times he wanted togo, she said it was early and that if her husband came she would let him out at the back door. Came on them at the back door, when she Y/as still lunmng witness down, and pulled her ont, saying that was enough. Talked to O'Neill for about an hour, and then came home. Both doors were open, and his wife went in and locked the middle door, and she and the childien were occupying th» fiont rooms In the morning she got the children's breakfast, and witness got his own. Did not speak to hei. Sho went away, and took the children withher. On th« Monday «he came to the house and pxcpaiod witness's tea. Found out she was staying &i a house at the Hook. On Tuesday evening bhe relumed h6me, got some clothes foi the childien, made herself a cup of tea, but did not stop to drink it. Then she went to tbe&choolina&tei'B house. On Thuisday she came by tho train, and he asked her wheie the children wera. She said, " Don't insult me on the pubhe road. I'll have yoa in a place in a few daj» where you will know wheie they aie." Had received a letter from her brother (read) asking the sum of £10 and his wife's clothes. Had instiucted his solicitor to reply he would maintain his wife in her home and this he -would still do if &he would behave herself. Had said that before the children should* hvt with his wife's mother, he would send them to Burnham. His wife did aewing for a widow in the Hook, that waa to help the woman along, but he did not know that she earned a sum of 5s weekly. Did not turn his wife and child out in the night, and had never threatened to murder her or to commit suicid* himself. To Mr Hamilton : Eemembered the first lawyer's letter, but not what the contents were.' Had nevei strode his wife. Eemem"bared the second lawyer's letter. She was* away at the time and asked her to come back. Did not ask her to forgive him or promiis

which when added together aft'dr a number of yean made a very imposing total. There wa» al»o no prodf of deieriion., Tht case would be dismiiied. No costs were asked for.

amendment, frever fired a gun off in hter presence. The gun referred to waB not fired for some months before dr after the date mentioned* Thought it must be a made up story, aa hi» wife said she and her sister would swear anything to get him to gaol. Had never admitted to Mr Goodall that he had used bad language to his wife. Did Hot get a privilege ticket for her to go to Christchurch ; the stationmaster did io. Had given her moie than £6 during the last six months. Only a short time ago he had to tell his two cows to keep out of debt. Saw her on the Sunday morning following O'Neill'« visit, but neither touched her nor spoke to her. Sai ah Fuller, sworn, said «he had lived at Makikihi for seven years, and during that time had known Mr and Mrs Thomas. Sad opportunities of seeing them frequently, and had never heard him give her a cross word, but heard the wife many times speak crossly to him. Had heard him speak to her, and she would not answer. Was away when Mrs Thomas was at witness's house. Came by the express, and they cam* by the last train. Mrs Thomas said she would not live with her husband. One time she had told witness that she did not get the one she wanted. The husband came on this day and begged her to «ome home. Mrs Thomas got up, went into the next room, slammed the door and left him standing. He came again in the afternoon and asked her kindly to come home, but she called him names ; she •was very excitable. In the evening she went home, witness going with her. Mrs Thomas told witness the story about th« gun, but witness did not believe it. Had never heard that plaintiff had been struck with a gun. When witness saw her there was no mark on the side of her face. Had heard Mrs Thomas nay to her husband that she would like to run a knife in him and look at the blood. The childien and house were well provided for. Mr Thomas bore a good name for sobriety and industry. To Mr Hamilton : Had not been to Thomas's house for four years and had only spoken to her once during that time. Had no ill feeling •gainst plaintiff, Eliza Suter, sworn, said she was a widow residing at Otaio. Had attended Mrs ThomasWhile witnesi was in the house, the husband behaved with great kindness, the family teing well provided for. Last time she Tisited them was about a year ago. Saw Mr Thomas night and morning. Knew Mrs Fuller by sight only, and had not been acquainted with Mr Thomas before attending his wife. Jas. Semithlan, aworn, said he was working on the railway. Knew Mr and Mrs Thomas. The former was a\quiet man and was very fond of hie childreh, and was keen on paying his way. Had heard Mrs Thomas calling out from the door on one occasion about not leaving enough money to go to Tunarn. Hi* Worship, in! summing up, said there w«.B no proof of cruelty in this case. Evidence had teen brought aa far back as eight years, bvA in the married life of any couple there could be found many instances, of cross words and looks, triflinf in themselves, but