The Birkenhead News and Wirral General Advertiser. — 1901-11-16 (Birkenhead, Merseyside, England)

TWO SIDES OF A QUESTION ASSAULT BY A HUSBAND.  PROVOCATION BY A WIFE.  At the Borough Police Court on Wednesday morning, before Messrs. John Pennock and J. H. Worthington, a man named Wm. Herbert James, or 17, Willy-street, aft. charged on warrant with having assaulted , his wife Mary Ellen, on the 12th November. Mrs.Jaznes stated that on Monday nigut she went to bed at twelve o'clock, alter waiting up for her husband for some considerable time. The door was shut, and under ordinary circumstances it would have bees necessary for him to knock at the door for some one to open it from the inside. A hen she was asleep, however, he broke the door in, and came up to her bedroom. She was awakened by receiving several hard blows on her face which were inflicted with his fists. He next pulled her out of bed and kicked her in the side. Witness turned her face round in order that the magistrates might see the extent of the injuries. It was noticed that both of her eyes were very much discoloured, and there were visible upon her face a number of cute or deep scratches. Witness, who spoke in a very hoarse voice, went on to explain that her husband pulled her out of the bed by her hair. His mother and sister then appeared, they having probably heard the screams of murder to which she had given vent, although they lived in the next street. A woman who lodged with her also came and she went into her bedroom. When her mother-in-law and sisterin-law appeared upon the scene, she went out clothed only in a night-dress and without shoes or stockings on, to her mother's house. It was raining during the time she was walking, and it was in this manner she had received the very bad cold from which she was suffering. Iler mother resided in Pitt-street, and when she arrived there, her mother fainted.  Annie Cartwright, Mrs. James' lodger, stated that on Monday night she had gone to bed when prisoner came into the house, and went into his wife's room. Shortly afterwards Abe heard blows being struck, and the wife came into her bedroom covered with blood. She afterwards went out into the street, but came back again. She did not go to her mother's house then, hut dressed herself and went at half-past eix. When Mrs. James went to bed she was under the in. fluenee of drink.  Mrs. James' mother said that her daughter came to her house at half-past three, when they both fainted. Prisoner's defence wee that he had beta told by his little sister that his wife had accosted her in the street when she was in company with a man. His wife had told her to tell him that she had her "fancy man" with her. He had gone • home, and found that his four months old baby had been left in the house for him to suckle.and he hail intended to take it to the workhouse. On going to hie sister's house, he learned that his wife had been there and left a summons which was to be given to him. He then, considering that if he had been summoned for nothing he might as well do something to be summoned for, went home and assaulted her. She was also guilty of drunken habits. Evidence in support of this statement was given by prisoner's sister. The magistrates said the assault was a serious one, and had it not been for the provocation which undoubtedly existed, they would have taken a serious view of tee ease. They would, under the circumstances, however. only sentence prisoner to imprisonment for one month with hard labour.