Stockton Herald, South Durham and Cleveland Advertiser. — 1876-03-18 (Stockton-on-Tees, Cleveland, England)

WITNESS.  John Burke (49), was indietedlor unlawfully and maliciously inflicting grevious bodily ham upon Margaret Burke, at Middlesbrough, on the 17th January last.—Mr Skidmore prosecuted. The prisoner was undelended.—ln opening the case Mr Skidmore said the prosecntrix would be found to be a very reluctant witness. She was in the house on the day in question, and had some words with the prisoner, who was her husband, about fetching some water. She either fell down or he knocked her down, and while she was on the ground he kicked her upon the head two or three times. Blood aud hair were afterwards found upon his boots. Margaret Burke was the first witness called. Mr Skidmore : What did the prisoner do to you? Witness: Nothing at all, sir. (A laugh.) His Lordship : Ask what was the effect of it. Mr Skidmore: Were you injured in anyway? Wit. mess: What I done I done myself; I fell against the fender. Mr Skidmore: Very well. Do you know what caused you to fall against the fender ? Witness : I had a drop o' drink, sir. Mr Skidmore : Was the prisoner near you? Witness: He was not, sir. Mr Skidmore : Wasn't he in the room? Witness : He was in the room, but never touche I me. Mr Sk.dmore :Do you know what happened to you after you fell upon the fender? Witness : the doctor came, and the policeman took me to the ' infirmary. Hr Skidmore: What did the prisoner do? Witness: He lifted me up and put his hand under my head. Mr Skidrnore : Did he put anything on your head before that ? Witness: No, sir. Mr Skidmore: Quite sure of that ? Witness : Yes, sir. Mr Skidmore: You want to get your husband out of this scrape, don't you? Wituess : Well, sir, of course I would if I could. (Laughter.) The prisoner said he was a blast furnaceman, and earned 35a or £2 a week. He allowed his wife 30s a week to keep her, but she was always drunk, and took the things out of the house. He had n.,t taken a drop of drink these ten years. He could not get a coat, or trousers, or boots, but they wero pledged by his wife. Ha was the father of five children, but he had had to take the children away from her. His Lordship (to witress) : Is that all true ? WitUCH nodded her head. John M'Farlane said the prisoner and lals wife lodged in his Louse. On the day in question he heard loud words between the prisoner and his wife. He heard her say, " Oh, ant." He went into the room, which was dark. He saw Mrs Burke lyina on the floor, and he saw the prisoner " strike her a kick on the head."ip There was blood on the floor. Cross•exammed by the prisoner: The woman was always drunk when sac had the opportunity. She threw cups, saucers, and pots at the prisouer, and took his trousers and boots and pawned them. The prisoner exposed his arm, Baying his wife had cut it with a knife. _ _  His Lordship (to witness) : Was she drunk? Witness: Yes. _  _ His Lordship: Was he? Witness: Not so bad as she was; but. he was drunk. Dr M`Benzie said he examined Mrs Burke, and found four incised wounds on the head and wounds on the left hand. Other witnesses hiving been examined, the prisoner said he could not live along with that woman. She was always drunk and taking everything he had away, and that was the state he was in (showing his torn clothing), The jury found the prisoner guilty, but recommended him to His Lordship's merciful consideration on account of the provocation received. His Lordship said he found diffioulty in giving . _ . .  effect to the reoommendation of the jury. Ile dared say, he had been grievously provoked—and men often were provoked by the drunken habits of their wives—but it could not be endured or tolerated. The Prisoner: I pnt eighteen years and eight months in India in the 24th Regiment, and have a general good character. Efie Lordship: What has that to do with it? The question is what punishment ',ought to be done to you for kicking that wretched woman on the head. It is a mercy you did not kill her, and stand there to take your trial for her murder. 'The Prisoner : I did not kick her with. my boots.