Edward Montgomery

"WATER POLICE COURT. '
THURSDAY.
BEFORE the Police Magistrate, with Messrs. Spence
Solomon, Hale, Otley, and Charlton.
...
Edward Montgomery was charged with having unlawfully assaulted and beaten Fanny Montgomery, his wife. Mr.Vardy appeared for the complainant; Mr. Pigott appeared the defendant. The case was initiated on the 11th of February last, several adjournments having since taken place and the following evidence was then taken :-Fanny Montgomery deposed: the defendant is the person of whom I complain; he is my husband; for some time past he and I have lived apart; on the 29th of January I went to His residence at Waverly and took away my too children, aged 4 and 8 years respectively; I went to an empty house in Rushcutter Bay to wait until dark, so that I might get them to Kissing Point where I intended to go ; from something I heard, I went out the back way, and, upon doing so, I saw the defendant getting through the front window ; he followed me, and overtook me at the end of the house ; he was accompanied by a man named Enoch Bennett; when he came up to me he raised a walking stick that he carried, and said to me, " You drunken wretch, I'll break your bones ;" the children commenced to cry and ran away ; Enoch Bennett took the younger child, a little girl, in his arms, and my husband then beat me about my arms and face with the walking stick ; my left arm is bruised and black from the wrist to the point of the shoulder; my right arm is also injured ; it is now bandaged ; the mark on the right side of my face is also the result of his violence ; he knocked me down upon my face and hands by pushing me from behind ; he left me sitting upon the ground and I remained there for some hours, because I was unable to rise ; I then proceeded a short distance towards Sydney, but finding myself unable to walk, I sat upon a vacant piece of land till morning, when I walked into town, and consulted Dr. Rennick, who advised me to go to the Infirmary; I went to the infirmary, was admitted there, and did not leave till yesterday (February 10), when I came down to got a warrant, for the arrest of my husband ; I am still an inmate of the Infirmary; I had been in St. Vincent's Hospital, and was discharged about a week before the assault. Cross-examined : I was in St Vincent's Hospital once, and in the Infirmary twice ; it was not drink that caused me to go to the Infirmary and St. Vincents Hospital ; I did not go to Kissing Point from my husband's residence because Mr. Bennett's son was watching me ; I got down to Rushcutter Bay before dinner, and sat down on some grass there with the children ; I cannot say what I had to drink that day ; I was in two or three public-houses, and had two or three glasses of ale; I will not swear how many public-houses I was in before 9 o'clock in the morning ; I cannot say whether I had any spirits that morning before 9 o'clock ; I was not drunk when my husband came to me. To the Bench : I was going to take my children to keep them without my husband's knowledge or permission ; I gave him no provocation whatever, except that of taking the children from him. On the following day the case was continued. Andrew John Brady deposed: l am resident medical officer at the Sydney Infirmary ; complainant was admitted into that institution on the 20th of January last ; I admitted her because she was suffering from "chronic alcoholism ;" she was in the incipient stage of delirium tremens; on the 1st of February my attention was drawn to her arms ; they were black and contused from the point of the shoulders to the elbows ; one of the nurses drew my attention to the complainant's arms, for the injuries to which she has been under my care ; a few days since, in consequence of the contusions on her right arm, I opened a small tumour at the back of her arm, and found it it full of clotted blood ; it will take ten days to cure her arms; the injuries might have been caused by a stick or a clenched fist. To the Bench : It is possible, but not likely, that the injuries to her arms were caused by her falling about whilst in a state of intoxication. To Mr. Pigott : Complainant must have been drinking very hard for some days previous to her admission to the Infirmary ; there was an injury upon her face which might have been caused by a fall ; the contusions were severe, but no bones were broken ; I administered sleeping draughts for the delirium tremens. Ann June Smith, a nurse in the Infirmary, gave evidence respecting complainant's condition in the Infirmary, and said that though excited, she (complainant) was not drunk. Similar testimony was given by Julia McMab, also a nurse in the Infirmary. Mary Morgan, residing at Paddington, stated that about the 28th of January the complainant went to her place, and asked for a drink of water; she had two children with her, and was quite sober ; the time was about nine o'clock in the morning; there was no mark on her face then. Enoch Bennett deposed : l am the defendant's brother-in-law; he is at present living with me as a boarder; on the 28th of January last I was with the defendant, at Rushcutter Bay ; it was dusk ; the defendant handed two children to me out of the window of an empty house there; I saw him go in through the window; after that I saw Mrs, Montgomery at the gable end of the house ; I saw defendant strike her once with the stick ; he did not ask me for protection ; I did not see more than one blow; there might have been more; I went away; I saw defendant take his wife by the shoulders and push her, she fell ; defendant overtook me on the way home; I was taking the children ; I had gone about fifty yards along the road when the defendant overtook me; the blow was given when the complainant was down ; the stick which defendant had was a light malacca cane as thick as one of my fingers. At this stage the case was adjourned for a week, in order that a settlement might be made by the parties, the defendant promising to provide home for his wife and to live with her if she would abstain from drink, which she consented to do. When the case came on again to-day, Mr. Pigott said that the defendant had made arrangements for providing his wife with a suitable home, but that a final reconciliation had been prevented, in consequence of the complainant having given way to drink. Mr. Vardy said that the complainant bad been made drunk at the defendant's instigation ; that the lodgings into which he had temporarily put her wore of a disreputable character ; that she had been turned out of them while in tho state of drunken ness into which her husband had caused her to be put; and had for the last four have been without shelter. The Bench expressed their regret that a reconciliation could not take place ; but, as the case was of very serious character, they thought it should go before a jury. Defendant was therefore committed to take his trial at the next Court of Quarter Sessions ; bail being allowed him in the sum of £80, with two sureties in £40 each.⁴

METROPOLITAN DISTRICT COURT'.
VARDY V. MONTGOMERY.
This was an issue from the Supreme Court, in which plaintiff sued to recover the sum of £6 6s. 6d. for professional services rendered to defendant's wife at the Water Police Court. His statement was that Mrs. Montgomery paid him a guinea, and agreed to pay him whatever other expenses were incurred. It appeared, however, that Mr. Montgomery afterwards refused to pay plaintiff's charges and plaintiff sued him in the Supreme Court to recover the amount. The costs were reduced on taxation to the amount now sued for, and the issue was sent down to the District Court. Mr. Pigott, for the defendant, moved for a nonsuit on the grounds that a properly signed bill had not been delivered according to the Act. His Honor nonsuited the plaintiff.⁶

"WATER POLICE COURT.

THURSDAY.

BEFORE the, Water Police Magistrate and Messrs. Hunt, Goldring, Oatley, and Charlton.

SUMMONS CASES.-

Edward Montgomery, charged with wife-desertion, was directed to pay 10s. weekly for her support, the first payment to be made on the ensuing Monday.⁷