R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1161, 25 August 1882, Page 2

R.M. COURT.

(Before H. S. ■ Waß'-bh, B.M.] ( Mr Beard fur plaintiff, Mr Bunny for Jefendsnt, •; t -^tnrTOm^laim"arißin(s,oHt.of.Mwßßikii:: tion for certain .coke which defendant, , instead of forwarding to plaintiff.iri one • lrjt, sent it in two, thereby ouusing pla'in-' N tiffito pay .doublrfxejght.v r . ■ . x _ . , '■[ M yflJieete^-Jojtig jurisdiction j of the Court in the matter, as "the contract' l was made in .Wellington. v.| Mr Beard held that the Court had""' jiariWiWai JMasteitoniflwjtfie,, pla,cei I where plaintiffiuffeM-the'loßßii; il3 : : ;■ . ( j After corsiderable'arsumeht His Worship allowed' J;he'. qad e (to) '$ on",' and /af te*r/ taking the'evidence of plaintiff I 'and.the.., Masterton station-maßter judgment. .. . ~.,,„..,.■• : Lißter-Kaye v Burfow.^Glaim 1 %% for/goods alleged ,iq have hempm-chased by de|entldnt Vhao(.takint; p\§r JFairfjeld station. Mr Beard for plaintiff, Mr Sandilands for defendant. A lis}Jos|ie!: ftrtiptes claimed for as valued by lilrX' ' 'Ciaik'waßl'pu't".in'and:swoin'|() 'Jby.tbef, • wituess. For ihe defendant;<Mr,.Galluy ! Storekeeper of i {deuce of the value of the goods, making \* '< 'slightly lower estimate of them than Mr ' Clark, and stating he would not. have 1 (Durcbased them at any price. 1 r^pii&Jn^^ffliiWiinhipijMd., {he was considerably puzzled by the co'h>' ; Iflicting evidence of the value, of the {articles. A man who bought a propertyland agreed to take ,iln? ."-thjngs" on the !station(as plalftiffjii'l he had.' [done, on the undo standing that they ' wM|g\ammint to £i oc £5) might expect a claim,'of tliasort'V crop'up/ There no" dplibt,' loo;; that a'vendor I would ■■ p'nVWrfr value ''on' l his household > goods ■ than the incoming',tenank..,Bfe .atta,ched less value to. Mr Gallie's list from the fact that he had'only-heen initbo habit.pf dealing in new go«ds; ; ihd >would:,there/ fore naturally be inclined to say the old ones were worthless. That the defendant should imagine,the thingspn a station were/only; worth £4 or j£s/was [somewhat.absurd if he knew anything about station requirements. ■ If he did riot: ithipk .it worth while to see. what he" was buying he must take the consequences. "•Sevt!ralitemß.ptt.theii.s.t jere. reduced, andjudgm'enlgivep for costs JBlss. *Spargo v. Spargo,—Application for protection order. 'Mr plaintiff, Mr Sandilands /for\defeudank, .'- j ~ Constance Merliua Spargo deposed that she hud been married nine years,. and had had six children, Two; only: were alive, aged six years and two iyearsl ■ respectively—boys. Her husband had ! Been addicted to drunkenness siuce they .! fmd been / married..,He had kicked her i ind bUdied-her eyea'littli,.be'fQr'B last, ; Christmas. She left him in.Maijoh., fie i had ill-used her up to'tha^imef'lDe-l fendant, who had apparently been drinking, interrupted the, proceedings,, and was captioned that he. would b'e i JooKed up if not quiet.] Be was", on' { 'an average" always drunk. rJe'had'bhce i wed aMupjqff in the house,' but she,did, ■ ; hot know' where the; sfcoi wentVshe v^as ! in bed. Ho had' often' 'threatened) ti> stab her, On the 18tli iMarCjtf .he came.. . Jftome drunk. They were fn tfed.' ' •' ' The Court: Who were in bed ? Witness ::All}.qf us-—Charley' Smith, olharley Gawler, and myself."/; w ■. : 1 •* Court: What, were you-all in bed ! together 1 -- - - I Witness: No, I was in my own bedi l 'I ; .room. ,- ' , .'ci ! '■ Exarainatjion continued'. Spargo came ' Ihonie drunk, He'went to bed with her, , ;but got up at 11 o'clock and made aigreat row, .and. said it sb>3 did not clear . 'Vint he wohfd'tate her by 'thVheels' and dash her brains out against the wall, and anyone who., assisted, her/would jbe dis£ embowelled'.' Sbilffiihe' nextmornW" and went to Tremewan's. Spargo came there and made a row;;] Irejwanted her;to. come baok. She inteti'ded td '^retbrilr \. but when he made this disturbance ahe '' dete*r|iihlid;ihefw ii uld':iiot; Her husband. ! to allow Tier : to Btay at hia bouse for a ive'ek or'two,' i as he, was sure she would come baok to i him. Treinewan helped ther, husband to : i carry her things to Tremewan's house, At v thia stage the defendant's- conduct i was'such, us to cause the; Court, after 1 exercising considerable patience, to com- ' mit ! him to cnstidy (ill he .became morel''fit't6: appear in Court, and the;case ' wtls adjourned till-the' evening,; , ■■ -., ''^^ffcer- ! the!:'adjournment' : B'pargo»!wHß reprimanded ■b'y'His Worship^foyfiiVbe-' \ havior inthe aftornooji.!'*," ,! Defendant,' who was" .much recovered, [ .expressed/his His Worship overlooked the offence. - : . ,■■. I George Saunders was thenjned 5s for i being drunk that.moming. Defendant, I whtf Iwas J not i Very. so.li&s .then,, pleaded ► guilty. 'Hia .Worshipßestedltp.&ergt.j • Price that it would be'a ikindneßs to.give, 1 prisoner the,hospitality of the lock-up for . theiniglliJ .1..1.1 i L " . i /. 00) i //' " .The ;case.Spargo v; : .Spargo ''-.'proceedediwith;";'. l ' ■'!". -i.',.-./:;.. , ,' •' Mrs Spargo -continued, her evidence, ; Her husband bad asked MrTremewM ,tp ; aljosy her to stop at his house. ■■■■ On the: I Tfifa&tyWet -she left, heV-liilß'nand'sn6t l> lier.:;i She was in ther.carl going jpr ,the. • ; 'things.'-She had the baby with her,.. He said, " Let baby kiss met" andisnatched »'' 'tlie'child from her nrin's', .keeping him all 1 night. SparKU'and"TfeliieWan 1 brought 1 her thinys to Tremewan's .(Spargo ;,jl'm; ' not.in,it„j |Mr .Sandilands: Ke,ep,quiet.) 1 They "brought all Sp'are'b's' furniture; 'and 'Spargo also came to Treniewaii's'to'live, f' Be slephwitbjbor must of; the time. Ho I ''still drank'.- -'He 1 was Way at- work from. • the Monday lo the Wednesday, i Thursday to Saturday, wh'eii he generally came Inme:drunlv'awLvM dr.uii.k f un ; Sundays. He' Mays' dbusid lfet.uind. '., called her all, could lay his ' tp'ngue { toi';S sfy'VeaaMf'} .avoided' Ms • jjlotfs',!. Ho..at)ip'pfld| »t' j Ti;e'm , e , wari , B l for • about three Wintts"tiij,:ilejja« i -trfd' i l .(i)' ' ' eav,} ' '■■■'.lt -■'!,;., ■ , '.',' '"'' The Court: Who' Void him to'leaVe? '< ■ = ■ ! Wit'tleW:'-'"Ti'em'bwan, ~.;He, isaid, be would not have-him there any longer* as* • >he' ; made'too'many rows; iHe came..back the next day and ! struck'her iu-.theifa'cej; She pushed,him down. He had been to''Tremewan'ksflveral timesaince/gene'rally' to kick up a row, and He had not supported her since the 19th March, and had not given her any mMflyr •The last night she slept witja him he told, , cbtrhjr throat befpre/-morn-'. I ing, He appeared aoher then.' 'He had ' threatened to 6hoqt|he,p',if ,ha h«, . .in : 'abused' her, and called her children bistards, "She"' . would be afraid to go and livo with hini, ; iaa Bhe.Mt h«Avould t kiH her; /Sbejvas iu a; bad state, of health', her, lungs wpre 1 almost g'onef'a'rid -her' btotaffacteu. She could .hotlsfa'nd Aheipßrseoution she .received from her. husband. ; ... Mr.-.Sandilands. rose to cross-examine Witness, the latter, however, appeared to Jbe taien suddeiilyi-ill.ii .j ' •••'■ Mr. Sandilands: I don't want to hurry ybu'ji'iMrsiSpai'g'o, :but you ,ae6raed wefl.' ■ euoue!h Tf jM: tiqwj when giving, your -evidence. -'•'■■ ! ' , ' ,: | .b.-r'A \ ■'■''! ■|.-''''WitheJsif'i i wa'S';jUil. r ''tlit*- , saca!St' 1 am 'Jnota'i -ill weil,'lca.ri«6sure'yotf';'Tf;- ■ '. ■ Iu answer to tjuesupiisrttfo-'lii^know how long Spargoworked atDonald'smill. Had been living with him for nine years,

DAUOpb lUI IUUI UIVUIUQ- WIIOU ± WUlllr W the. Weat. Ooaat. . Mr S,: flow long was Spargo at Booth's , miii; .. .:. ■;■-.- Witness: I tell you, Sandilands, I don't x know. . - Mr S.: You are 1 very familiar, Mrs ' Spargo. I don't know whether to feel flattered though, What took yon to the 'West Coast ?.;::^ir::r;:::-;;::: _r: ;.-:-- Wifnesr :j (after hesitation) Tk steamer took me/ ' "• ~' : 'Mr Bunny did not think it-necoßsury ■ fnrthecaie that the.Court should be r informed/ why Mrs wliht^to) . West'Ooast' ' . - • v ..- . . '' His Worship held that as the plaintiff claibei y custody of the children, and support'for herself, it was. necessary -to-show that she was leading a pure and . moral life. V • ; <Mr Saiidilanr3s l .td' , '*itiießs:i r We]jMatr .Witness :,The steamer. Mr H. I Oh ; yes; : I jknow: you r know named Ohmo ? ' : ' mtV'ess:Yes, I suppose so, I have spokento r him. lrV ~.,,, Mr S; i'Did'you'knbw'hin) ? ciWitness.. Woll,,yjß. <Mr S. : ; Did you know he , I don't know; be might have had a wife and children. Mr S.: Did you go to Hokitika with :oimb|HT/T7;iZO^^H T r r( , (;i(]r .' ■ '■ WifnessV NoJ"/l :went r.by myself.'' I met him thMA'■.•''(' 'i'-M'i'S.'-:tDiJ y- ut livi- With him there as ; "WiTiress: I don't know. ...The Court: Were you known as his 'wife :^, )^:ri ;;'''./ :,^.: ; ;/ Witnessl'Ye's'i I'Suppose'aoi-' ; •■■» • ~ ..<• I Mr 5,..: You cohabited with him? Mr Bunny: Whatever Mrs Spargo . might have done there, was condoned ,by.the husband when he .look her back. Witness: Yes, he said he would' forget and forgive, and 1 said I. wuuld do. the same, .'and, so'! J 1 have' \I ■be'eh'"'6s good'a .wife to him since as 1 1 knew how J Mr'Sandilands: \Glinß) onme'back iogethe'nV w V.OVY Witness: No. He left me and went to Patea. I came: bick firali.: When I got baok I told'hiS i Mr Saudilands: Very kind of you. 'lt enabled her to have him arrested for jwife desertion. ,;,,,,,■ H To'further qjiestlims JSpi/go h|d got drunk - ever since we were married—on indvefago.bnceia week. When he got money we paid all we owed, and he spent the rest; was sure of th'ilt hoart'dBOrroffi - •™.---,- ; , ... .--„ . Mt SWDid not man at your house when he came home on the 18hMarc¥1 : '—}.. '.. AVitness: He.found Charley Smithaiid my brother there,;Spargb had asked Smith to cornel '. < Mr S.: Who waa the object of Spargo'g jiitlougy'at the time 1 ' '' Witness; Oh, everyone, He objected to me going anywhere. He objected to me going to the dance, - ■ s ,/MriS.<: Yet you went 1 , . r . ''; Wiiiißßß ; for an himr nHtwn, •'■• j;: Mr P;.;-The;!pw took place about ,the riance/ did it not} Witness: The row might have been about that,- ■.'',;,- j : , :; 111' S.:, Smith was atjthe dance. and saw you home did he not, Was he not in your house all that night ? '. J ' \ [Witness'; Smith.was hoVdanoihg j he walked .down "(he.'foad'wlth' J ma and /•'"'" .another 'woman. He did not stay at ' house ..(all! thai tight.; My brother tot, .staying with me. ''' .« ' ~ Mr 5..:, Was not Smith at your hunafat daybreak next njorning _?r ;^ ;;. i r}' ; .'Witness:' No. I met him when I was 'going to the train to see my friend off." Mr S.: Smith has been living at all the time you have? s Witness: Yes, . ' Iri-a'rJßW ( er,'lu further- queations,--witn;es« •said she went to Tremeweii's lo keep : house, Shedid not got i*aid, but had per keep and.the butter.. There were sonictimes'two or three others iirihe hoise i besides r TremewerT arid -^mith.-'Bpargo - slept with^-hei 4 when at hoine except three nr four ni«hts when' he kicked up.a tow,. and then Tremenen took him in his bed. ; by. herself, having her baby with , her. Mr S.: Did yeu ever Bleep with Tromewen? J- '; \'. , ,'.■, / ;'-. Wiiness.: No;.never.^ '~]_,,-'''; Mr S.; Be careful now 7 there 'lß*other" evidence to call.. -Witness: I. know what I am about Mr S.: Did you go out with him. ; eicfpt down the road. ■ 'Had no immoral 'connection with Tremewen nor Smith.' Had only known Smith ■ sincffhehadbeenatTremewen'si .- : Mr'S.: I am sorry toask thequestioaa 'batlmust.. ' ' ; ' ■•■-'■■' f Witness: It makes..n9 odds to rae,, I knew how to .behave'myself.'''-- -■''■ Mr S : Haven't you been with Smith all day to-day, ( ''''••'-, Witness: -les,. I had no one else irj be with. "•-■ - . .- . . u t,/ '-, MrS.: Why not Tremewen. :: Witness: Smith is a man, Tremewen is a,dog.- Ha'has' been'"'wring things \ about rrie'dut L-t- ( •;,<;•; ; ', ,The Court:. Then you are not going to I live at TreuieweriVagain? ' Witness: No., a. want! *.P geji a;pTrotection order, so that I can take a house and live in Masterton. ; ; ■ .■;',■ ; ; Mr S;: Did not Spargo say he did,not i likeybu'ataying at Tremewan'sf.i ■■. \a' Witness: I believe he djd, but I don't take much notice of him; * ; '■ - MrS.: Did ! sot Spargo support you whilsat Tremewan's.- ~..; , Witness: No.. He paid 10s a week for himself.,. I did his washing the same as .the','others! "Si' Would riot'worklif he could get drunk without it. ■■■ Mr Si: Are you yery r srightened of him now ? Witness: Yes. I would not meet him on the mad by myselfrfor If it had , .'not been for his'crueltfy Mould' 1 flonewith Climo or anyone else. 01im|5||i wm kind to me when he was cruel, and ' ' milked the|cow ; whqn I was too weak to , ' doit. This was" the first Btep to what 1 , ■did.!; i ,) ;,-. .[■•., . r . .. To;the Court;, I:have'always feared him, and was jti'rf.',«, frightened' this moraing'when talking with'him!' He has j been more violent in iiis threats'of late. i . To Mr Bunny! The child wsb only \ , leyen days old when Spargo fired the gun. Mr Sandilands said it had been agreed not'to go behind Christmas ias to cruelty, ' Mrs Spargo: Sandilands has gone behind everything. ;.,..,.. Pr .To Mr Bunny :'I am entitled to some money under my'fitliet'g'ffilj^jSp.argo has said I should "" f iHjiJiflrr "f itHe would drink it aMOvre 55 0 land 64 actea/if lapd botween three of us, ! -Iha'vire(iivedsoiu.ejot"e{est. /] ,Mr Sandilands siid any order the Gourt !! niigh't'iraake could not effeot the "propertyras it belonged to the husband. '"""--' Mr Bunny held it waa not so if the inheritor was not in possession. Witness said the, property had been g<»l into such a mess that no one could get it out, and'. Sandilands' ;,*»' the' lawyer, Mr, SsDdilanda: YoV had: better hp careful Mrs ,i" Oharles Smith, laborer,deposed he ,1 'livedfttT/emewßn's., He knew Spargo. I He had aske'ibjm (Smith) to hiß btuse on I the lßthuMarob,, Jpargo and I went to.bsdjn their bedroom. Witness % .was in the kitchen. he heard M Mrs Spargo '.6n\ oi Mw. They were - S then struggling in the passage. Mr. -'B

Spargo'a bfothefwlurHn f iliß hou'ae, -arid they3b6lh'/w(BJt op-to quiet''Spargo. Spargo threatened to knock his wife's 1 brains out, and.W Itt,his (Smitb.'a) inside oat. Witness Btopped-Spargo ill-using bis wifefpr the time,, but.the row t lasted. all night. Spargo's habits were usually to get drunk ami-kick ! up a-row.-•■• Had heard him threaten his wife's life frequently^'"'; •• ■* w^-y>-■■■**...:■.:■ V don't 1 iMio' wasjjealous'of me. 'Never' 1 rifeard'tiini Bay .so,' ... '" ; '" : ; '"' J • Mi; Sandilaqds: Your conduct baa. uot been moral with Wl'' '" ''' ■ Witnesß, [evidently,' the^Ußßtion)..X')l ; no,not,aUll;." '"', ;jli ThovCpurtiS.Haa* conduct Jieen what:it aughti not.to..;liave..been towards, a married woman.?. •:'."..;."/,:,, •■:■...,.,. j • KVitne!s;l«p,ilhave been accusediby Spargo-'for' improper dealings■ with his: ; m* *''•'. :, ' : - "■ To 'Mr Sandilands': I am still staying at Mr Tremewan's, and so is • : Mrs Spargu." I'dono't kiiow why the disturb-' Spargo. He" never | '' ' gave any cause.when, making a row. ' The Court hero adjourned (10 p,m) to this, morning, "-—•-THIS DAY. ,ll '* 'BAobN''v.' Brown;-' i: The Court gave judgment in this case. It held that it was no part of the" agreement that the coke should be delivered in one lot, andjcjjnsidejed that the defendant, in 'delivering "it in "two"lots', had completed his 'agreement. The plaintiff, inits'opinion,had no case,' ••' " ■Mr-Beard asked the Court suit., '""' •"• . Mr J Bunny 'objected, and wished the' judgment to bo eute'red for tho defendant. The Court nonsuited 'the plaintiff with Mr Beard asked if the coke were, delivered,.,a hundred weight, at.., a,., time whether the defendant would have fulfilled his agreement I The Court, said hewpuld nut.,,lt .was for it to decide whether the manlier of delivery.waaa reasonable ■ 'Splttcfo'VvSpAßOO-Continued. i Charles Gawler-ri. am.a • Mrs Spargo I have,known Spargo for fourteen- months. He is rather fond of drink, and when under the influence of it he is rather rowdy. His treatment of his wife when under-the influence of liquor is not extra 1 good. I'know how to treat a wife, When in his sober.seiißes he is passable,- and treats'her about right —much as other men do."'l havn't seen him hit her but once; I don't _ know whether it was not'on the nomination day at the last general election'. ' I saw him then liit her in the eye and kick her. He'would hayb given' : her riiore,oiily I kind ot s.top'u'ed tim!' "it J 'was"m' the morning about nine, and he had not been out. He was sober then. I have heard him blackguard her, and threaten to knock her dov.n nnd kill.her. Some'iraes he was sober, and 'at other times in liquor. I consider one. or two gUsea makes him drunk. When he lakes a ag6od^ai;oiiiriQkJ)&ifc.9u.itt9laj)nie. Mr Bunny—Does he take liquor when-evei'-oppnhUnityoffeWis-f; The Court-Mr Bunny means is he a safo man to put behind a bar. (A laugh) Mr Bnnny—No. 1 In front of a bar. Witness—He is very easily tempted. Mr Bunny—ls lie particular about Ihe quantity he consumes.', ',':,]. .',".',, ...-.Witness—No., . .', ~,. ~; ~ , .',„,. Mr Bunny—Do j .what an habitual drunkard means. Witness—l should think bo. Mr Bunny-Does he get drunk whenever the opportunity offers. ■''■ Witness—Yes, .-■-•■ 'The Court—He will take liquor when he can get.it, and iiet drunk when he cap get enough of it. . „fitness—Yes'.' On the' evening ol . the 19th Spargo was neither drunk 'not sober..; During the i.ight I til : out of my sleep and heaad my sister cry out " Charlie come and help me." 1 •jcame out and found Spargo and his wife "scuffling; ; both were using words. .Sparge wd's going to-burw a dress, or Bomethmc and - she- was trying Jo. gel it. Thej quarrelled and swore. .Soargo said t< 'her, "I willlearn you going' to a ball' I said there .was no harm, in it; I wai there' WOP I'ab tofessid up about thi ': dates and the time. They went, down ti a magic lantern at Carterton, .and, to ai amateur performance which wab fojlowei by a dance.. I don't remember tlie word used on the night in-question except tha • hfj'w'ould knock her; brains out, .but he s ' ! dfteh'Waed'wprdslike these .that I tonk.-n •notice of them. I '' -They led; anything bu ' a happy life. ■ ' : •' ' '"'"' Mr Blinny—"Whnt sort of a temper ha ■' ' o . ■-:•";'■

: Spargo, . ,•""■■. ;." Mr'Sapdilands—l.do not know that the ', aot prqvidesfonncompatability of.temp'ar. The Court- It ia necessary to iri.Ter- < stand also the temperament of .the wife. ; •' Witneas-iL never Baw. anything wrong ' with Mtß Spargo while I lived there. ■ To Mr Sandilcmds—l. lived -. fifteen . weekß with Spargo!' Atfirsthe was work--!l ing at Donalds mill. He waß home several weekß doing nothing. Then he '" (jot employ ttiiiut 1 'at 'MfßouthB 1 , and then returned to, Mr Donald. My. sister-fioes not iise bap"la'ii|jua»e, tut she bus a ,;-.4»mp.er : o.f,.,her."owh l "and gaw Spargo tongue bang. When I saw Spargo'struck her I understood he did it out of bravado jußt to nee whether ,1 would strike him back. Me and Spargo went,down that day to Carterton, Mr.Bovs wsb our man and Spargo and I got a little liquor. The. Court—You > went ■ iv free and: independent electors. ■••' ; -• ■■>> Witnesß-yes. Spargo-"is" not an habitual drunkard. He is not"an idle man by auj mean 6. He' does' hot leave his work'to drink. He goes' into town .., for. hj? boOße on Saturday jniglila,' beya'nd that he.is sober, He. fllwayß raaintnined his wife in comfort, but .she.wiis not as well dressed as she is tww. , She weut to.danceesixorseven,times.., Sometimes "' ! she' goand; at other times that sbe'oould'nt. I went with her each time/ Bh6 knew that-••Spargo objected. ' She'Weiit'tb' Tremercan because ■ B he could not live with; Spargo any longer Spargo told" me he' was goinx' to -let*Herstbp there. "' " La To Mr'Buliny—lknowho'w Mrs S[mrot was m'Bintained/at ; ;Tremewan'B-Bhe got the butter. to :i firid her. in clothes. -The twv.quarrelled and fought &tTre'mewan'B-.ju!ii;aß.Ußual. I did nol seehimdrunk-tbeiii.-1 consider a mar ••'- drunk manage himself and a policeman gets hold of him.. Mrs Sparge > . I atfd'jfekes jbe beat ka:* ' care!of,them.' :,.,*, /,',,,., ; "' A Mr Sai)djlandsiubmitted that tbflN ' waß not sufficient' evidence under ,thi to maintain the action. A mat who'kept sober the entire week.couldjno -■i'H'-te 1 called an-habitualjdrunkard. As ti cruelty 1 , 1 tHBr6 was no noraal evidence o ii'iftef the 19th of March. : ' JI,i J .t, '-'■•'•'': The Court—l do not understand' tb " ; terra o'riieltji'td be•;n , miledi;to ,l aotUß ' .'"'Violence. I;r .,','. |,,,, ' '"'■"''. M r'''Sandilahdß—These "people - bav tine' years, and;thi • nagging-'ha*' been •■> going on. the wh'ol iO! t i mß( and jet she has never been kille< or injured, in spite of all Mb threats.; H ™=ssFmißOTßf«e-teir shouldvte use ,'•■'■; •'\iith peat f.ci>iitiiii'...aiid jhat. the .criielt 1... gifotoidvi/go t<ijihe iiixteut of porsoiit '•'.'- vibleM. 11 ' thajGoM wbul t: -'take tie view'that'the 1 case was nc '''"'"proved, as he was loath for many reajsbr ,; 'to 'call ovidenqo against the plaintiff.: Mr ißuuilV 'aubuiitted' that Spargo! wi • as h

got drunk whenever he got tho opportu- j nity. Also, that lie had indirectly been j .cruel to his wife. He understood thai ', eviu that morning he had been abusing ! her. ~ Mr Sandilands objected to a reference to matters not in evidence, i The Court-thought there was ground fori the application. It looked upon any Act 'whioi)'had th,e practical effect''ofseparating man' and wife as one 'to be adopted with great oaution, as separation was|froquently followedby.an immoraljife. Bill -the Act appeared, to : be .specially intended to meet those cases,-where married ■ life' becomes of ; ;suph a, character as to tend to misery, and disorder. It was not suggested that Spargo had squandered'his substanoe, but that by'drunkenriessj his natural character: hid'been'obliterated. - The evidenoe in ; this" case went to show that the drunkenj ness actually fed to confusion and disorder in the family;'-' It could understand that the conduct of the wife in going to dances had'irritated hor husband. Again,'as to' cruelly.' Beyond the instances of actual violence there wsb proof of cruelty in words. Unless it could be shown that the wife deserjed such treatment by her own conduct it thought that there were grounds for the application on this head. Mr Sandilands said he would call evidence to prove that the plaintiff was not fit to have the custody of her children. John Spargo called deposed—l have been married to the plain till for nine years, After my wife came baok from the West Coast we lived peaceably enough' for a month or two, till the dancing commenced. I told her I was too poor a man to dress her up for dances. I gave way to her once or twice, but she knew I was opposed to her going! One Wednesday night I came home and consented to her going to the dance, but she went instead to i'remewan'a and got a horse from Charles Smith to ride to the dance, and gave her own horso to her brother, This made me jealous of Smith. On the 20th of November I broke my arm, Three weeks later! a» I was carrying my arm about, she hauled off from the shoulder and knocked me straight down. I got up again and struck her ajid she got a black eye and in the excitement of the moment I gave her a kick. I went down to.Tremewan'B on Sunday afternoon and asked her if she intended to coma home, but she said she never intended to live under tny roof any mure. I lived with ray ..wife until June last. Hived with her at Tremewau's, for some time, and the reason why I loft was because my wife told me I was not wanted. About three weeks ago I heard my wife was ill, and went down to see her, but was coldly received and told I wasu't wanted. I had several reasons for being jealous as whenever I went so see my wife I was coldly put aside. Great attention was shown by my wife to Charlie Smith. I am not an habitual drunkard; I may haid got drunk once or twice in a month, but not oftener, My wite has said I dr»> e her to all this, bit I do not sen how the can prove it. I was getting 60s a week and found while I was working on the road, and my wife got this every week. I do not see anything in this to drive her to what she'has done. .To Mr Bunny—My wife is capable of 1 taking care of the children physically, but not morally. The Court then adjourned till 2.15.