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"TSST'T- ^ ,J| -flC«^' J " MeL'i 4 • .0 m. >J. .» i* I.. .r- # # ?■ .':> i, ^4 li V i :.;; .I'ij* rnri^ r'^^^? J ■\ - ■ ) j&ec ;.a;=jiAw. ■ r; "•JMiSsa.iHT ijK'TvtfloM'^H'. jsc^'. ■aiao'ir-i-.i.ii I t .u .TOHilTb T^IZHAM > 4M ,i> . ./ iCD/. Nirin£tr I ti .*.J5 SAINT JOHN, N. B., PRINTED BY QEORQB W. DAY, No. i, BIARKET STREET. 1863« d ?j-r>i > il':fi-^i|if .-f Wf ^'df i* M' f n • •i •^ & '^ i ' I, / ■,. i J 1 .». /• i'.ri t;^ If I, ;{'?:.t;M .v( -r*: r .», V •J I .i* ■jiliUfr*r. 'j r^Jii £». .i* *• , > .1: '. i ; J J 7[ • »A» fl..' ' '^r TENNING vs. HUNTER Th« ciremnatMCM whioh led to thif MCion »• all well kiMwn to oar rMdera, aad it wilt only be tteeeiiuy forua to itete that it if brooffht by Mr. I W. K. Venninf egainit ]f r. Robert Hunter to re- cover for the espenaes attoDdinf the nwinteiunee of Mn. Hunter, hie deof hter, dorinf the time of I her reeidenoe with him, after aeparating firom her huaband. Hon. J. H. Gray and A. R. Wet- I more, Beq., appeared for Mr Venning, and B. R. Thompeon, Eeq., for Mr. Hunter. Mr. Wetmore in opening the eaae for the Plain- tiff made a rerr few remarks, itating, in lubitance, that he would be able to prore to the jury tiwt Mrs. Hunter had reoeived racb tMntment at the hands of her husband as rendered it impossible for her to remain in his house and aocordingly she had left, and having done so she had a legal right to enter into engagements for her maintenance for which hor husband would be responsible. He then call- ed Mrs. Hunter as the Arst witness. She was , examined by Mr. Gray. XBS^ JULIA HCMTBB'S BtlDXFOI. Mrs. JnHa Hunter was duly sworn, and stated as follows :•— I am the daughter of the Plaintiff and alwavs Uved with him prerions to my marriage. I am the wife of Robert Hunter. Was married to him in Sept^ I860.- Previous toiotur marriage. Hun- ter said he wished Am to go to live with his mother and sisters) after Tour marriage, and I objected, as he said noUiing about it at the time of our engage- ment. After our marriage we were absent from Saint John for a while. We visited a portion of the United States and Canada. On board of the boat, on our way from Toronto to Montreal — about a week after our marriage— a diffloulty occurred betweert Mr. Huntwr and myself. I sued him if he would come to the side of the boat, I would like to see the rays of light reflected on the water, from the paddle wheels. He replied that it was veiy siUy and childish of me, one part of the boat was as good as the other, I was a married woman now ana must give up this childishness and non- sense. I replied, that I thought it was a simple request and he mi|^t grant it. My husband ap- peared very much annoyed and I said no more. Some time aA»r I felt cold and chilly and adced him if he would bo kind enough to brin|^my shawl from tli9 6tat# Rooia. He "vvnt for it, and when he returned he said his would Uke to haTva IMM oonversatiott with me.- He said that I appeared annoyed at what he had add, and ha widMd me to understand that he was alwaya in the habit of speaking.his mind^ before his molhar and al«kara and they didn't Mt annoyed, and he intended to do so nowto me. He said If I get annoyed I miriit r>t pleased again the best way I ooa!d ; and iraien was silly and childish— as bo#— he intended to tell me of it. I replied I was not siHy, many par- sons older than myself were pleased with the ap> pearance of the waler, Ac. I thought it unkind m nim not to comply wiflivy request He remarked that if he had treated me unkindly it would be a different thing. Nothing more ooourred until our return to St. John. We #ent to reeide vHtb Mr. Hunter'a mother and aiaten, at his house adjoining the Institute. The sistenr are named MaiyaM Isabella. Mary is very oldv I do not know BeU'a age, should judge she was fbur or Ave yeaM Mw than myself. Had not been there long before I found it was no home for me. Instead of havinc only my husband to please, I had his mother anil sisters to please, and they found fianlt with every- thing. I informed my husband of this diflBcujIy. My husband was present at the first diflBonltnr. Miss Hunter found fault with my dress and told me none but bad- characters wore such thing*— she referred to a mantle I wore, — I had been out welkin . ^^vd called at the store and returned horn* with my )f iMband. I replied that I was not afraid of that, I Lked the dreaa and ahould wear it Af- terwards^whcn in my room, my husband said h« was surprised at my answer to hia family, hie 8ia> ter had ezedlesrt taate about dreaa, and I ahoukl eimault her, in Aiture, about my dreaa. I looked after the honae affsira/ and the family eanstantiy found fault in preae n ce of my huaband and «i otiier timea, and then lie would find fault itfth ma* There waa a etmtinual bickering cauaed by the in- terference of hia family. My nuaband then f queated me to let hia mother give direotiona about dinner, as it would be amusement for her^ and I consented but felt hurt ; he said he waa aurpriaed at my neglect ; I told him they.ndg]]tt do as they liked, they found &ult and I could nglnleeie them. , Previous to this I was Invited to|pli;B«ncton'a, with my sister. I asked my hushoil, liest^ i^- ter me, but did net ask himt toeomsi ttflsa. I did nolaak him to come totea beoanae, on a pravioui oecaaion, he told ma h» bad his buaineaa to attend to,aBd htd tf»ilB»^ to go^out to tan. I vent i» '■>. i !r>( VENNING VI. HUNTER. Mrs. 8anoton*a, and told her he would not come tojpromlMd, so we coHld have some hope of happinew. tea. He called for me Id the eveuiug and appear- ed annoyed. Ho expressed his surpriHO at my not telling him to come to tef.. He said ho supposod I wanted to meot some person that I cared more for than I did for him— without his knowledge, I went for. I told him if he had told me in the morning tliat he did not vfjuit me to go I would have stayed home. He said he did not know any- tiiing of it until he wont home. His uister Mary met nira at the door and asked him if ho was not out to tea, and he told her I had only asked him to oall in the evening. Marv told him I had a greet deal of impadence, and u they did not con aider him good enough to invite, they should not invite* fail wife, and I was a beautiful woman to go. It'iMS'in consequence of what Maiy told him that he was sn^ry. He told me I should not receive any ttvitotions in future; that he would receive or reject them. A few days after this he told me I must look after the house in every department, or I might clear off. I was in want of some money and went to the store Imd asked him for it. He replied that I could not get money from him unless I looked after the house, etc. I oould not look after the me&ls because of interference. He then gave' me two dollars, and stated that he did not ^ant any unnecessary extravagance ; he gave me two pounds previous to this— «t Christmas time. — I told .him. I was not extravagant, and he replied that he did not intend I shoiud be. At one time heitold me I should not g^t 7 pence worth without consulting him. I was very unhappy and my hus- band was very morose. I again took charge of the hpuse, and what work the servant did not do I did ttysolf. Iii February my sister wanted me to visit sty mother, and I did not know what to do ; I oeold not accept any invitation without Hunter's Eermission ; I asked him if he would go, he said e would not; I asked him would he come after me in the evening and he answered no. I said I had not seen my mother for three weeks, and I thought it hardne would not go with me. Next day 1 1 asked him would he go to mother's if she would wait tea till half-past seven o'clock ; he said ho would ' never go, &c. I went to my mother's aild directed the servant to have my husband's tea ready. I^ stormed and I came home early. When my*nU8band returned from tho store he appeared crosft When we went to our room he express- ed surprise at my going away wii|pat telling his mother and sisters, and command^ me never to do so again, fuid never to dictate to his family what thfey should have for tea, kc, and when I was out * they should g^ve their own directions. Some days after he said, " you .told me a lie the other day, you tpld me you were at vonr mother's, and yon were not}" I replied, I told no untruth. He Raid his sister Isabella told him so : I told him it must be a misdndentanding on the part of his sister ; I told him his fiunily caused all our trouUe, and wished bim to take me to a home of our own as he bad Ho replied that I would like that so that nty gang — referring to my father's family— could run him down ; never whiln his he\d wav above water would ho do that ; I told him my family had plenty at home ; Haid ho 'Vyour mother is the greatest gadder in the city : he would lot ino kpow thi| was my home, and ho would make tte beh^l^e. It told him I could not live this way any lunger, and if he did not do as he promised, I would be forced to leave him and go to my father ; ho said I might go as soon as I plt^nsed, ho would not be separated from his family to pleauu mu. I urged him to take a home by ourselves — if it were ever so humble — I would be content ; he said ho would not, and he would treat me according as I treated his mother. I must consult his mother as to when and where I was going ; I must not invite oven my own sister to Tisit me without consulting his family.— My husband always appeared moruso ,althoogb I tried to win him back by kindness. One day I was sitting on his knee when his mother came in and saio, " Julia, you are quite too heavy for Robert to nurse ; it was holding you that made his nuse bleed the other day. He is my !»• vorite son, and 1 would not have anything hurt him for the world." . When Mrs. Hunter left the room, I asked him if I was too heavy ; he said his mother said it made his nose bleed, and it might have. That same evening Isabella sat on his knee for a long time and I am sure she is a gnat deal heavier than I am ; I do not know whether Isabella's sitting on his knee made his nose bleed, or not. This same evening when my husband was going out ft'om tea, I followed him and kissed him | his mother told me I ought to be ashamed. All endeavors on my part to createlaffection were in- erfered with. About four months after our mar* riage he was nursing and petting his sister's little lap dog, and I said — Robert, you will have some- thing better to nurse some of these days; he said if I was like some others, to get over my eon' finement in a week or two, he would not mind, but if I was always going to bo sick and the young one cross and troublesome, he would rather not have any. I was confined in July, this conversa- tion took place in February ; I was in very poor health, my condition and the treatment I received oaused it. One day I felt very poorly, I followed my husband out ana told him how sick I was ; he answered crossly, and said I made a great fuss to what other women, who had to go out washingi did. I could not eccupy my own room in private, some of the family were always around. He told me my betters would be glad to come to the home I had, and merc;jr knows I did not bring much to it ; I asked him if that was why he treated me so, did he not know I had no fortune to bring him when he married me ? he said he know we were a ■ poor, beggarly set, but he did expect more than he got, the truth was, I was too snug and com- fortable, and that was what made me so impudent During all that bight he talked in this way ; once I laid my hand on him and said, " Robert, do not talk so loud, your sister Mary will hoar you \ he < #► k VENNING \t. HUNTER. at n»y gang ilu run him bov« water ' hud plenty ho greateat . kpow thfa beh*f e. f longer, and d bo forced iid I might e separated him to take humble — I lot, and he hie motiier. id where I my own 9 family.— althoagh I when hia re quite too tg you that 1 ia my i»* king hurt cr left the Q aaid hia 1 it miriit at on hia is a great vr whether loae bleed, sband was iaeed him } med. All I were in> our mar* tor's little ve itomo« lays ; he r myooB' mind, but le young 'ather not coBveraa- ^ery poor received followed waa; he Teat fuss washingi i private, He told he home much to me so, ing him I were a ■ than he tid com- npudent y; once '. do oof ou; he i •aid, " You little ilovil, don't you tou<'li rao or I will pitch you otit of the bed , I imsHod a iniHcrable, unhappy night ; I wjis no wrot>;h«d thiit I wan aliuoHt tcniptvd to go iind drown luyaolf ; I hoped 1 would die ; I Huid to my hiiHband thiit not man}' mouths ago I loft a comfortable honw, a young and ^ ^ ^ _ _ haijpy girl, I now sought that home again a miser- not to como ; anol when I went up, and in ray pre able, heart-brukun woman. When it was Krarce sence, such was their advice, and therefore I had light I gfot up to go to my father's ; I had slept to return without you, nonu that night; I told my husband I did not! you a few lines to say should go up with a roach tor you at 5 o'clock, and that von sfiould return with me : also, that w« would attend tho lecture at the Inatitutt) same evening, according to which arrangnmont I t but when .he got homo he would hear things to sour his mind against me, and cause him to treat me unkindly ; if I would return home with him he would not allow it to occut again ; Mary was going home to Ireland, and in all probability would not return ; he would be willing to suppoi-t her there ; in the spring he would make alterations in the house and nave the family divided, and until L«v« V a\^V>f (»ia\4 I.IJC7I ViVfl O M, IIUU I now. my dear Julia, drop that I will send up a coach for you at twelve o'clock to-day — perhaps accum* E an led by a ft'iend — and should you not return ome in it, I shall then take advice from Messra. Bayard A Thompson as to the legal course of pro- ceifure, and go up in tho evening — not as vesterday, for the puriK)He of praying and beseeching you to come homo With me, but to hripg you htmio. Your parents have no control over you, of which they are aware ; they may therefora be led to feel and to understand tho impropriety of their proccodinga in counselling their daughter — my wife — not ti> re- turn to her husband, although hernelf willing to do so. I trust you will all Kce the lolly of any further obstinacv, and the propriety and wisdom of your coming home this morning. It will doubtless be necessary, if for no other reason than on account of the happiness of my dear aged parent, that we should reside separately, although to her and my- self the sacrifice would bo great, and one the op- posite of which I had always resolved on — having determined and resolved never to part with my dear mother until death separated us, who has had already many severe trials, but feels tho present ono more keenly than ull the others, seeing as she does the distress of me, her son. Any change of that kind, however, could not be made before spring. Wheth«r such a changre thus forced into that time I might have a fire in my room and would add greatly to the happiness of m^ wife and spend most of my time there. I said — Kobert, I " can trust you, but I fear your family. He said he knew the family had done wrong, and he had talk- eti to them very severely about it ; if I would go back he would never listen to tUem again, or allow them to interfere ; no matter what occurred he woiuld protect me. He wanted me to go to the In- stitute that night, but my health was «nch I could not ; he said he wished me to go to tho Institute because the affair had become public and every her family, timo alone can reveal. I wiu be at tho houaie on the retutn of the coach to receive you. Your husband, IIOBERT HUNTKH. MnK Hunter continued : I did go home the next day ; t went in consequence of my husband's pro- misea, believing that he would love me and we would yet be happy ; I asked him not to be ang^y with me when I go to see my mother. I said you know body was talking about it, and if I appeared with Robert, that my mother is as dear to me aa yours hira at the Institute it would stop the talk. liistoyou; I hove given up oil my young frie ads, agreed to return home with him, and he was to! but I must go to see my mother ; he would not call at 5 o'clock ; I wished him to see my mother, ' reply, but said—" Will you toke off your things ?" but ho would not ; when he called for me that 1 1 pressed him for an answer, and he told me that evening I was too sick to go home with him ; the if my taking off my things depended on his answer only reason I did not go home with him was my illness ; if I had been able I would have gone. Mr. Gray here read tho following letter written by Mr. to Mrs. Hunter the morning after he had been to see her \ [coPYl Satubday, 23d Feb., 1861. My Dkab \Vifr,~- . i« - . I called to see you yesterday foretioon, and pre- trious to my leaving you you were quite reconciled I nught sit there as long as I liked, and he would let me know that if it had not been for my " situa- tion" he would never hove nnkuu rae to com'- 'uick ; ho did not want hia child bom out of his }io-.i> don't you talk to mu od I'll throw these boots at your head ; he talked this- way some time, and waa in a rage ;■ I sat up as kmg as I could ; he went to bed ; I was afraid to go to bed with him, there was no other bed for me, so I laid on tho floor all night. I got cold from lying on the floor ; I was crying, and he told me to " hold my noiser" aa a man who had his business to attend to could not be kept awake all night with my rry- ing. That morning he did not speak to' mc, nor did he for some dtnu. I had a fire in my room, and he eame up and- told me there waa no nooeseity for it ; that I aheuld sit in the room with hia mother and sistera ; that he would let me know that if I considered myself better than his mother and sis- ters, that he did not,' I said it is not that,) I would rather ait alone when you are away ; he said no, I was to sit with his mother ; I told him I could sit with them when he was homo, but I waa happier in miy own room when he was away ; ho said' if he heard me ringing for the aervant again^ he would tear the bell ropo down ; I said I never rang for the aervant except to bring fuel, if ahe forgot that, aurely I might ring ; he said no, I iriioald carry uy own coal up stairs, and make my own fire ; tke servant should not wait on me ; he said the servant had said to him that he might get a negro to wait on m»— ahe would not. I said, Ro- bert, did the 8(a>viant say that to you : he said no but he had heaixlit. I then reminded him of the pro- mises he had made, that ho would not listen to hia titmily, nor allow them to interfere; h« said he did promiae, but thia occurred whan be waa at busi- neaa, and he had a right to know, and he intended to liaten to all they tuight say. The laat of March and April I aaid to hira^ Robeat wont you do aa you promiaed and have the houae fiimiahed that we might live aeparate ; he aaid nOr he never intended to do ao. I aaid. Robert vou promiaed vou would ; he aaid he did aay aOr but he meant if hia mother and aiatera wiabed — they did not wiah it and he would not aeparate hia familv for me. I aaid, do take me to u home before I am In ; he aaid he gueaaed there waa room enough for me to be ill without having more flniahed. At- ter that mv huaband waa continually fault-flndiag and acoldlng ; my health waa •'^•17 day faiUng » getting weaker and more nervoua. When I heard my huabaad'a atep I trembled ae I could not calm myaelf foi> aome nme ; owing to thia anxiety and trouble I waa taken ill ; my nusband's family oaid no attention to me ; this was in April ; I waa ainid of premature oonfinement. I aaia to my huaband, one morning, that I felt very poorly, ne replied^. " ita lately come upon you, you were well enough laat evening". I waa ill in the night, I toldliimao at the time; he took no notice of me for half aa hour or ae ; I said. Robert I can't suffer so, do bring, me something, he said he did not- know what to get, I told him some brandv might help me, he fotit and it eased me a little for the time. When e loft in the morning, about 6 o'clock, I waa atil' very poorly, I waa alone then ; when became homa to breakfast he did not como to my room, I waa not able te get up ; after breakfaat. when ready to leave the Eouae, he came up to my room with hie hat and coat on ; no person but the servant came to aee me previoua to this ; my husband came in, went to the wardro'je, took something out and waa about to leave the ' oom- without apeaking, I aaid, Robert I feel very ill. I waa not able to leave my room; I had alwaya been in the habit of going down stoira to meet my huaband, but waa not able at tliia time — he left the room withoutjreply.- I wait* ed till nearly 11 o'clock and nobody came to aee me ; I took it for granted my huaband would send some one ; with great diffiouttv I rang the bell and the servant answered, I told her to go and tell Mrs. Sancton I waa ill, Mrs. Sancton came right away ; I told her how ill I waa. and aaked what I had better do — I think I muat have faintedv;.when I came to I aaw Mra. Hunter and daughters in the room ; Mrs. Sancton said I ou^t to have a doe> tor ; I said I would like to have Dr. Botafosd — no dooter waa aent for at that time. I remained in thia atete ; my huaband waa aent for and' came — he re> mained about half an hour with the family before he came to my room ; I aaid, Robert I feel-very ill ; he aaid I auppoae you have made youraelf-siok run- ning about town telking about me. I nerer talked about my husband, and told him so ; he said I had. I aaid I would lihe to aee Dr. Botaford ; he aeemed Teiy angrr, and said Dr. B. should neyer enteY his doors, I saioi it waa bard aa Dr . B. had been our family doctor ; he repliedthat Dr. B. had- done all he Qould to crush hia brother, when alive, end he should oerer darkeo hie doors— I might have * VENNING t%. HUNTER. Dr. HiB«i«ir. I obUctad tuhim.MhtWMaQUiuiyir- ditplMMd; alUr ctiurt-it 1 tuld him wh«rt I htA ticdniAa; mTthiubAad Miid that wm ail ooimmdm ; I beoo, »nd that Albert wai tick ; oa our way hem* fliJd I would r«th«r aufft r an jthiDK than ij«T« a from churoh ho wax angry aud would not raply to youDf unmarriad man ; ha rcmainea ia tho nwm lue, at home he waa rroaa, all the next ((ay ha and waa aullen and critM ; I waa too ill to talk would not apeak to me, but addreued hia conwr- tnucb ; be then left th* room, and went ta Iwiineaa after dinner withort aeeinc ma acain. My liatar oama to me about S o'clock. I waa ■unaiiBff all thlatisie. She wanted to ((ofor Dt.\ B. but I waa aAraid myhuaband would be angry, Tba aarrant came up in the aTeuing to know if I would hare eome tea. I then heard he waa home and ^en aent for him. I took no food during the day. My huaband came up atain. I aaid, Robert 'I am Tcry aick, won't you go for a Dr. He re- K"ed, if you are ao atubbom and will have no one t 'Dr. B., I'll go for him. He camu back ahortlv, and laid Dr. B, declined coming, being previoualy ^ engaged. I then aaid I cave not who 'you go for aaumg aa he ia an elderly peraon and marned.— He named Dr. LiTlngitonerand went for him. Dr. It. came about 8 p. m. Befot« the Dr. my huaband area kind and attentire ; he generally abowed the Or. out aad would not return. I eften aulTered for attendance when there waa no one to give me aa aittanoe. Had it not been for Mra. Sancton I don't know what I would have done. Mra. 8. camo in ihe morning earlier than my aiateroould get over. I waa in bed three or four days, but waa quite ill for a fortnight. My aiater attended me aa much aa j^oiilble. When my dater or Mra. Sancton waa aot thwe I waa alone. One morning the Dr. or- dered beef tea, and aaid I muat have it immediate* Jt, aa I required auatenance. I told the aervant •bout 10 a. m., but got not even a drink till 4 p. m. The Dr. told me to Keep perfectly quiet My hue* iband Bttw me at dinner time ; I told him J. had giTen directiona for beef tea, but he aaid noihing. The Dr. waa toaee me at 7 p. m. ; my huaband waa in then. He abowed the Dr. out and did not re- turn till time for retiring. leaked him what kept him away ; he aaid that; hia aiater Mary waa aick and he hied been to lee her. Mary reoovered 4tom her illneaa. During my illneaa my brother Albert and hia wife came to aee me, on the Sabbath, and my huaband immediately left the room. After they had gone he returned and waa very angry. He aaid if he caught my brother and hia great lump-of a wife in hia house again he would Uok them down ataira. When I got able I reaumed direction of the honae, which bad been negleeted. I waanever well afterwarda, until after my eonflnement. One Sabbath in May, coming iromtChurch with my •liasband, I laid, Robert I would Hke to go to Zionli Church thia afternoon, Mr. Daniela ia going to 't»«pea ittWillyougo? He replied he would net Itriedto nrgehim; ha aaid I might go alone, he would not BW> a step. After dinner he w«nt out with hia aiatera, but did not tell mewhere he waa goingoraak.metogo. I felt'lonely and aad and went to diureh aad met father and mother thwe. From Zion'a chordi I went to my brother'a on Qneen'a Square; ia the eyening I 'went to the church where my -huabaDd attendai he waa at «hnr«h ; I notie«a tvom hie mtnner 4hat he waa aation to hia mother and alBters without noticing me. Hia famUy were alwaya pleaaed when I wna unhappy. Tueaday morninfi;— he had not apotcen to me ainre Sunday, although I tried to talk with him— I went out in the hall and told him I would like to aneak to>him ; we went into the f^ont parlor, and I aalced him why he treated mo ao ; he replied be intended to treat me ao, and wonM, until I learned to behave. I aak^d what had I done to denerve auch treatment ; ho replied, a'ou webt olf to your mothar'a on Saturday, and Klon'a church on Sunday, and off again yeaterday, and I did not know where you were ; I told him ijf he had apoken to me I would have told him I waa down to aee my brother'a wife, who waa very ill ; he did not notice me ; he waa alwava cross when I went to aee my mother ; I told htm he might treat roe unkindly, but I muat Sfo to aeo my mother ; aaid he, " You infernal little devil, will you dare go 'to ace any one without telling me flrat, you aball aak me when and where you g«, or I'll kick you out, I will beat you every day of your life if you atay here". If » then came tc nr.e, took mo by the chin, and ahook me, the raarka were on my face all the afternoon ; I told him that gentlemen did not treat ladiea in that way ; he aaid, " Lady, indeed,— you infernal little devil, I will kick you out of the houae" ; be then left the house. At dinner time I thought I would try te meet my huaband aa though nothing had occurred ; he would not talk with me at the table. He told hia mother that Mr. Steen would be up to take off thb double windows. After dinner I went up ataira to arrange my toilet, and he cane up and went to hia eiater's room, afterwarda ho came to mine ; I told him if Mr. Steen came up 1 would like aomething done in the kitchen for the aervant ; he aaid, — would you ? I want aome con- versation with you, that ia — for you to pack up your duda aa aoon ea you can, I am. going to send a coach for you and start you off to your father, I'll ha)r« no woman eating at my expense and tell me she will do aa she Ukea. i told him I would not go now, I went onoe and he asked me back and promised to treat me better, and now I meant to stay ; he got very angry then, and aaid, " Vou infernal little deyil, will you dare to teU me you will not go? I Will murder you if you atay here" ; he then came towarda me, ahook hia fist in my Amo, said he would tie me neck and heels, fiteh me into a coach and compel me to go. was fHghtened of him. Then he oame across the 'room and said he might haye known what be would get when he married in ■noh a gang, you are the lowest gang and trash in the city. 1 said, low as we are it would be a sad day for him if he struck a Venning; he repeated, " a Yenning'-'you infernal little bitch, I mil room and went to his mother and sisters ; after tuis time he occupied another room at night. From the Tuesday on which he shook me till the following Monday, except to call me names and order meout ofthehouse, he didnotspeak tome. On Batuixlay morning I told him we required some things forthe house, wouldhe send the boy, or if too busy I would go myself ; he replied, why don't you clear off; why do you stick yourself here. On Monday morning I went to the breakfast room ; my husband was there ; I said " good morning Mr. Hunter ;" he made no answer ; I said, " how do you do this morning?" he still made qo answer ; I said, " how did you pass the night ?" no answer ; I then said, " were you on the street all night?" he said, " you little devil, you know I am not' in the habit of passing my nights on the street ; but 0ne thing 1 will tell you, I did not pass it with a vile, treacherous, womAn like you ; I said i did not know but he did ; he said, " you infernal little devil, v>iu'vo no right to question me ;" I toldhim I was not afraid of him, and he then rushed across the room and struck me across the face, and then ordered me out of the house ; he struck me very hard and hurt me dreadfully ; my nose was swollen, and I was dizzy ; I told mm he was a mean man to strike a woman ; I then got behind a chair, and was afraid he would strike me again ; I told him he was no man, only the ninth pavt of a man— a tailor, and I would not put up with such treatment ; I woiUd apply to a magistrate for protection; He said, now he would get rid of me — now he would clear me out; he went and ordered a servant to bruig breakfast, and I went to my room ; I put on my things, came down titain;^ saw nobody, and left the house ; I intended W walk hWe, but was so nervous and frightened that I was not able : I went to my fathers place of business : my fathar was not in ; brother Al- bert came in aiid asked me what was the mark «a my face ; my face was paiaing me ; my brother a coach; I wanted to go home, but my brotiier said I was too weak, and sent me to his own house, where I lay on the sofa, and had some tea ; about 11 or 12 o'clock the coach came, and I went to my father's house ; I could not walk home ; I wan very sick for a week after ; this was just eighli weeks before my confinement } the Dr came tcv see me, and in conNequence of his orders, I kept perfectly still. I thmk if I bad remained any Ioa';fj': with my husband, I would have lost either my bensed or m^ life. I.ncver would have IdPt him, but I was afraid ef my Me ; I remained at my father's from this time, the 13th May, 1861 ; my infant was bom July 10th ; I had a portion of dress for my child previous to leaving my hus- band ; I got it at Regan's on my husband's order; all other things were furnished by my father ; I have remained ever since with my father. TJ^e child is a nice one ; Mr. Hunter has never come to see it : he may have seen it in Court while he was at Fredericton. A mark was very distinctly seen ou the child's face at its birth, and remained for some months ; the mark corresponded with the.blow I received from my husband. I am not near at strong as I used to be; When married I was in my 22d year, and was always healthy : sineethat time X have been sickly ; I am getting better now CBOSS-EXAMIMBD BY 8. B. TBOMSOM.JBSQ,. I may have mentioned many things tnat I did not in Fredericton. I did intend to speak of all my husband's ill-conduct. I think I have given word for word all that I then stated, and I have added circumstances that at that time escaped my memory, which I. then intended to have «po- ken. of. Mr. Thomson objected and preveniv^t me from stating many things in Fredericton, which I wished to state. I afterwards regretted my omissions. I saw where £ had done wrong in not explaining what I then meant to, and I wished to make them clear in this Court. I did not like the judgment on the divorce case ; I did not sweat I heard Hunter tell his mother that the ** little devil" would not leave the house, I forgot it. I forgot to teU of my husband threat- ening to throw his boots at me. I cUd not write down any circumstances, I merely made a mi- nute of things I forgot to mention in Frederic- ton ;; I did not biingthat memoranduat to Court ;. My father knew nothing of it; henever lequest- ed me to do it ; he tohl me not to forget to tell alU and not to neglect as I did io Fredericton. I did not mentionllinsults I received, from my husband'ft ftimily, because they were^bjected to. There are many things which occurred between my husband and myself that I have not men> tioned, and which made me unhai)py. I, do re- member ef my husband wearing his boots up to our bedroom. On Sunday he wof e di£Ei6rent tniote from week days. I; havil .olten, helped my hus- band to take off his heotp In our room ;jWWitever qManrel9 1 hare toltft I tiav^ given the facts to* the best of mj memory. In oub ftrst quarrel on the boat going to Montreal,. I did not tell mj^ husband I that if he so a secon him i it wi did not ad father pai the bills o: Mr. Hunt no money my husba to' give it him. I 11 he made i I borrowe rather tha when he a out getlin rcy than i with his pendent o riage. 1 di engageme been. H( family, I V to go as happy wit of my owi merry me not remei Mrs. Sane panied m( out when family. 1 he threat) left next the step my husba would reg: father sal with Hun' 1 ought ni bread, I vv that Mr. person in of what I spoken to band's gc drank to ( bedroom i go out aft had pass( ted ; I ne' never call not asked word to I but requei tor advise make ina a method it or mak letter pr< interview grant an to Mr W( I think tl After 1 1< VENiMNG vs. ilUNTKR. my brother own house, tea; about went to my me; I was just eighli r came t(v irs, I kept lained 'any lost either e left hiui.^ ned at my 1861 ; my portion of g my hu8- nd's order ; r father ; I ither. T^« rer come to [e he was at fcly seen on 9d for some he, blow I at 'neftr aa 1 I was in sineethat ting better <,JB8Q,. tnat I did peak of all lave j^ivea ndl have e escaped have "ipo- prevenitf^ ederieton, regretted ne wrong to, and I irt. I did aae ; I did >ther that I house. I id threat- Aot write ade a mi« Frederic- to Court; X lequest* «t to tell iiiericton. from my ijected to. i between not men- I, do re- ot«,Ujp to f nt boot* myhus- [Vbliteyer > fftCti tOt uarrel on t tell mj^ husband I would quit him ; I may have told him that if he treated me unkindly, ho wouli not do so a second time, but I did not intend to leave him i it was not intended for a threat. My father did not advise me to enter the divorce suit ; my father paid the expenses at my request, I have the bills of the amounts paid. Mr. Street told me Mr. Hunter would have to pay expenses. 1 have no money of my own, I had to borrow it ; I asked my husband for money in April, and he refused to give it to me ; I was afraid at one time to ask him. I think in December, I asked for money, he made no reply, he afterwards gave it to me. I borrowed money at one time from my sister, rather than ask it from him ; I do not remember when he actually refused, but 1 have asked with- out getting any } I would rather go without mo. rcy than ask for it'; I knew my husband lived with his family, but did not know they were de- pendent on him until six weeks before our mar- riage. I did object to living with his family. The engagement was never broken off, I wish it had been. He said he would like me to live with his family, I was surprised and objected. 1 objected to go as a boarder. He promised if I was not happy with them, he would take me to a home of my own ; he never told me that he would not mwry me unless 1 lived with his family. I do not remember o{ visiting anywhere, except to Mrs. Sancton's or my mothers, unless he accom- panied me. I never told my husband I would go out when I like^ without consulting him or his family. I did not shake my husband the night he threatened to kick me out of bed. When I left next morning he did not warn me against the step of a wife leaving her husband, 1 think my husband told me, when going out, that I would regret it and come back before night. My father said he could not prevent me from going with Hunter, he was my husband, but he thougbt 1 ought not to return; as long as he had a loaf of bread, I was welcome to it. My husband stated that Mr. Ewing of Boston told him that every person in town was down on him in consequence of what I had told. I told him that I had never spoken to Mr. Ewing. I lid not know of my bus band's going with loose characters. He never drank to excess. I have heard other steps in his bedroom after he had retired, I also heard them go out afterwards. I did not believe my husband had passed the night in the street, I was irrita' ted ; I never stalhped my foot at my husband ; I never called him a devil. In Fredericton 1 was not asked if the child was marked ; I did not send word to my husband of the birth of my child, but requested Dr. Livingstone to do 60. The doc- tor advised me not to send word, but let him make inquiries tirst ; my child was baptized by a methodiEt minister ; my husband did not siee it or make inquiries after it ; he did write me a letter previous to my confinement, desiring an interview ; I did not tell any one why I did not grant an interview ; I eave the letter I received to Mr' Wetmore. Mr Hunter wrote to me again ; I think there were three letters from him in all. After 1 left him, I got nothing nl the shn^a on B my husband's account, eicept such as he allowed me to get for our child; I did get sundries at McArthur's for the child and myself, and child's waists at Lawton's and laces at Magee's. I sent to McArthur's for paregoric, and he informed me that my htisbaud had forbid ) is furnishing mo with anything. As I hope to meet my Father in Heaven, I believe the ill-usage of my husband caused my ill health while living with him. Re-examined : — It was in consequence of ob- jections by opposing Counsel that 1 did not go into all the particulars in Fredericton. My hus- band gave me two dollars andtuld n»o not to be extravagant. This money was to purchase a head dress to accompany kim to a party. Ho gave me eight dollars for a Christmas present ; he gave me five dollars for a spring's fit-out. This is all the money I remember getting from him, and each time he charged me not to be extrava- gant. Mrs. Edward Sancton's Evidence :— I was not acquainted with Mrs. Hunter previous to her marriage ; I remember her being sick ; I was sent for ; went to see her and found her very ill in bed. Mr. Hunter was sent for, and came soon after. Mrs. Hunter was very ill, and 1 was alarmed ; she had a fit while I was there, but got over it before 1 left. I left Mr. Hunter id the room xrith his wife, and went down stairs ; he came down and stood in the door ; he said a gi eat deal and seemed angry; he said his wife had been running about the streets all the week talking about him, and had brought this illness on herself, and she could get well as soon as she pleased, and get home out of that for he did not want her. 1 found Mrs. Hunter alone; no one with her belonging to the house. I summoned the family, and they came up. On no occasion while ih there, did 1 find them with her. They did nothing for her ; I was terrified at seeing Mr. Hunter so angry ; 1 never saw a gentleman act in that way before. I called to Fee Mrs. Hunter several times and fuuud her alone, only when her sister dlime; Mrs. Hunter did require assistance when I foirtld her alone ; I felt very unpleasant at my position. Had Mr. Hunter acted in my house as he did in his own, I should have put him out, or my own husband either. John Hegan's Evidence :— I know Mr. Hun- ter ; 1 had a conversation with him the morning on which Mrs. H. finally left' him ; he stopped me in the street, and said he expected to be in the police office that day. He said on t hat morn- ing his wife came in, er down, and said *'good morning Mr. Hunter, where did you spend the night." He said ho replied to her he " did not spend it on the street, and that she knew right well." He said he then went forward and struck her ; he showed me how he struck her with the back of his hand. She then called him names, and said she would have him up at the police court. I am not on bad terms with Hunter ; I ao not speak to him now when I meet him. The 10 VENmNG^a. HUNTER. constant complaints he kept making about his wife became a nuisance. KoBBBT Davis' Evidence :— I had a conver- sation with Hunter previous to his marriage. I saw Mrs. Hunter the morning she left lier hus- band in May; I raw hei in her father's shop; Mrs. H. appeared nervous ; I vr^n surprised at seeing her there at that hour of the morning ; I saw on her face quite a^edmark ; it had the ap- pearance of a blow — a rather severe blow I 'thought. J. A. Vennino'b Evidence i-^I am brother of Mrs. Hunter ; I heard last witness mention Eeeing Mrs. H. in ray father's shop; 1 went to my father's shop that morning in consequence of a message ; when I got there I saw my bister there ; ihe looked worried and dejected ; I ob- served on her face an angry mark, as though it proceeded from a blow, and the eye appeared wa- tery. I called at Hunter's house when my sister was ill in bed ; Hunter was in the room ; he took no notice of myself or wife ; he sat sometime near his wife, and then went out of the room. After she left her husband, I wrote to her never to go 'back again under the same circumstances, as long as she lived; I meant she could not live there, she had tried it twice; I had no bitter feelings against Hunter, but sympathised with my sister. Wm. N. Vennino's Evidence : — I am plain- tiffin this suit. 1 fitst saw my daughter in my shop, on the last occasfon of her coming home; I noticed a livid mark on her face, it had the ap- )pearance of a smart blow ; she went to my house that day, and has been there ever since ; she was ^ick {\j: a week after; her mother and sister took care of her. As far as I could judge she required' a good deal of care and attention. My family paid her every attention during her confinement. One pound n^week Would not te an unreasonable charge for her board 'everything was supplied het. I sarw a mark on the 'child's eye wnen it was one day old, it was quite distinct. I took came to my house, in May ; she was highly excited and very ill, so much so that I could not leaVe her alone for several days and nights. When she first came home her nose was very much swollen across the bridge ; her oye was a little inflamed, but it wore ofi" in a day or two. Her state mentally was worse than physically. She gradually recovered, but it was ten days or a fortnight before she got her natural sleep. Her child was born about two months after. This child had a mark across its nose and one eye-lid. I did not advise my daugh- ter to 'remain or go back. But 1 did advise hor to fo back if Mr. H. got a separate house, otherwise advised her to remain. THE DEFENCE. S. B. Thomson, Esq., addressed ^e jury itt opening the defence. He stated, in substance, that a husband, under ordinary circumstances, would be liable for the debts contracted by his wife, but not in a case when the wife had left her husband with- out his consent, and where he had express ed his determination not to be responsible for debts of her contracting. The husband would be responsible if his treatment of his wife rendered it unsafe for her to live with him,«wluch he contended was not so in this case, as the treatment that Mrs. Hunter received at the hands of her husband did not Justify her in leaving him, and he was therefore not re- sponsible for her maintenance after her departure. Mr. Bobert Hunter, the defendant, was then called. Me. Hunter's Evidence. — I am Defendant in this cause. On my v/ay from Toronto to Montreal on board the steamer, in the evening, my wife looked over the side of the steamer and said, " Oh tea at Hunter 's'three tim es, and was disgusted ! where will we go to see the sparkling of the water." on the laiit occasion by Miss Hunter sitting on 1 1 replied, Julia dear, how childish you are to talk Mr. H's. knee and sticking her mouth into his. so; she sat down on a seat on deck, I sat beside The rest of Mr. Venning's evidence was prin-'her ; she tui-ned her back to me and sat that way cipally in reference to the couversatioa which! for some *>™®' ^he tunied around hurriedly asad took place between Mr. Hunter and himself,; asked me if I would be kind enough to go to the •when the former called to see his wife with a view \ State Boom for her shawl ; I got it and gave it to to a reconciliation. Mr. V. said that he did not her; I then said I wanted to have a little conver- advise Mrs. Hunter not to go hack to her lius- sation with her ; I told her I thought there was no band; that Mr. H. acknowledged to him that] aeed of her going into a huff"; I jperely said, Julia his, Hunter's, family had done wrong In inter- dear, how childish to talk so, wh^n she spoke of the * ■ ■ * . - -- .^ater; I then said if that was be the way we would have a rather unhappy tii. of it ; if at any time I should speak hastily and she would go off in a huff it would bo very uncomfortable ; that now she had entered on a difterent sphere of life, and if sl^e had been accustomed to that kind of thing she should try and get over it now ; also, that I was a man out m the world struggling to make a living, and if I should go home at any time and happen to drop a word that didn't suit her in every respect sho must overlook it ; if I treated her unkindly at any time.it would be different. She replied that if fering between th^m ; and that as far as his, Mr. V.'s feelings were concerned, be would rather see bis daughter in her coffin than see her go back to live with Hunter. He also said, I never eitpress- ed these -views to Mrs. Hunter, 1 was very cau- tious in speaking to her ; £ do not recollect try- ing to make any reconciliation after the final separation. I served a bill on Mr. Hunter at one time for '$18 ; I received a letter fVom Hunter re- fusing to pay his wife's board. Mrs. Maria Venning's Evidence :— I am the mother of Mrs. Hunter. I remember when she I treated chance agj of that kir wife who I threat of up to the tl day when r to the halll coming in [ tea and the store, on our waj waited te me ; I repll was invitel ed the circ I thought 1 vited; thd cheerfully I company ; in one tno recently n without h« she shouk it seemed had not ev gave mo r< it was qu me ; that and prefer very impn derstandin head of mj answer ani me. Ther ing to a CO thought an her money party and wife came for a head she requir( est in the not take a] longing to require to been takin her she mi sisters; to money. 1 ing, I as little thiuf ed what si should cei provided out and g( was sent 1 to make li like to t( that I wo possible.^ at Mr. Hi thing thf not, liies had not I ighly oitcited lot leave her hen she flnt ^'ollen acrou imed, but it uentally was y- recovered, ibre she got n about two rk across its e my daugh- dvise hor to e, otherwise VENmNli vs. HUiVllER. fche jury itt bstaiice. that es, would be ife, but not sband with- pressed his debts of her responsible unsafe for led was not ^rs. Hunter d not justify ore not re* ir departure. then called. 'efendant in to Montreal f, my wife said, " Oh the water." are to talk sat beside it that way •riedly and to go to the i gave it to tie conver- ere was no said, Julia ipokeofthe he way we if at any 'ould go off that now life, and if thing she lat I was a :e a living, happen to 5iy respect ukindly at tied thai if i treated her unkindly once I would not have the chance again ; I said I was sorry to hear a remark of that kind so soon after marriage ; I thought any wife who loved her husband would not make a threat of that kind. I am awaro of no difference up to the time of Mrs. Sancton's tea party. One day when leaving the house, after dinner, she came to the hall with me and said her sister Emily was coming in and they were going to Mrs. Sancton's to tea and asked me a call up for hex when I shut the store, I told her I would. I went for her and on our way home her sister said Mrs. Sancton had waited tea for mo and wondered what had kept me ; I replied this was the first time I heard that I was invited ; when we went to our room I mention- ed the circumstance to her ; I felt hurt ; I told her I thought it strange she had not told me I was in- vited; that she had gone out so willingly and cheerfully without expressing any desire for my company ; that I didn.'t think there was one women in one thousand, if one even in five thousand, so recently married as she was who would have gone without he# husband ; if her husband couldn't go she shouldn't have gone either ; that, in this c&ne, it seemed she preferred to, go without me as she had not even told me that I was invited ; that she gave me reason to imagine anything I liked ; that it was quite evident she preferred to go without me ; that probably she expected to meet parties, and preferred to bo without me ; that I thought it very imprudent, and to. prevent any further misuu' derstandings I would be plain with her ; that I was head of my house and that in future she shouldnot answer any invitations for me without consulting me. There was a little trouble occurred about go- ing to a concert I did not say I would not have thought anything, only for Mary. I never refused her money on any occasion ; we were invited to a party and the day before it was to take place my wife came to my store and asked for a little money for a head dress, I gave her the amount she said she required ; on that occasion I spoke of her inter est in the house, and she told me- that she would not take any interest in the house on any thing be longing to it ; I replied if that was the case I; would require to take less interest in her ; she had not been taking any interest in the house . I never told her she must dress according to the taste of my sistersj; to my knowledge she never was in want of money. Previous to this, after breakfast one mom ing, I asked her if she was provided with every little thing for winter she said she wa« not ; I ask ed what she required ; she replied, Furs ; I said she should certainly have them ; my sisters were well provided for and so should she be ; she should go out and get them ; she did so, and the bill — {(J40.0CP- was sent to me. I then told her it was my desire to make her happy and comfoi'table, and I would like to tell her our manner of doing in the house, that I would like the same course pursued as far as possible.' X told her that there was an account open at Mr. Hegan's and when my sisters wanted any- thing they got it there, if it was these, if it was not, tiiev got it some place else ; that my iistexi bad not be«n in the habit of getting anything with- out lotting mo know, as I didn't wish debts con- tracted through town without my knowledge. On New Year's eve her sister was at my house and I said to my wife I would like to buy a pair of boots — a present for her sister ; we three went down town and purchased a Bible at McMillan's ; we then, went to Foster's Shoe Store, I hadp't time to wait and left my wife $8 to pay for boots. I do not re< member giving her $2 and telling her not to be ex-. travagant. When coming from dinner one after- noon my wife told mo she was going to her mothers, that her brother and wife were going, and asked me to go for her after I shut the store ; I told her I would. Before I shut store her brother called and said he had left Julia home ; that they had come early, on account of the storm ; that was the night of the altercation. When we went to our room, I told; her I was sorry to hear that none of my fjamily had seen her since dinner ; that previous to going out she had gone to the kitchen and gave orders to the servant what myself and my mother and siaten should eat and drink for tea ; I also sai4 that com- mon courtesy might have induced her to have merely opened the door as she was going out and told my mother she was going out to tea, and that they might have been allowed the privilege of looking after tea in her absense ; she immediately got quite angry and said she did not think she was bound to tell them when she went and where ; that if she was mistress of the house she had the right to or4er tea ; that was the cause of the disturbance that night ;.for every word I, said I got one dozen in return ; she took my arm and gave me a shake in anger ; I told her not to shake me or I would put her out of bed ; she was not crying all night ; I told her to be quiet ;. she said she would go home in the morning ; I slept a little ; don't know wiiether she did or no ; we both dressed at the same time; I told her to be careful aWut the "steps sh» was taking, it was a very serious matter ; that pro- bably if she did go home she would return before evening ; she said she would go and did. When I came to biieakfast she waAi,way. I then wrote tp her father the following letter; [Copy.] Fkbbuasy 18th, I860' Mr. W. N. Venning, X would consider it as a great favor if you would call down and see me this morning, as I am most anxious to have a little conversation with you in reference to Julia and the unpleasant state of af<« fairs.existing between her and I at present. ^ Respectfully your*, &c., ROBKBT HUNTKB.. To this letter I received the following reply : [Copy.] Monday Morning, 18th Feb. 1860. Mr. Robert Hvmteb, Dear Sir, — I have youn note before me, and in reply would say, that if you wish to see me I am at my shop any time before half-past three and afber that hour at my own house. RemectAiUy youra, W. N. VBHHIHa. *k_ *> 12 VENNING vs. HUNTER. brother, and my brother had tlioupht a great (h^al of him, and wc all did ; nnd thut he was our family doctor fiinco my brother a death ; that he was in the habit of attending feraaloB every day, and was much liked. If Bho did not like Dr, H. on that ac- Btituto becauBO tho aflair was circulated about! count, why not liave Dr. Livingstono? He was an I tlien went up on Friday foroMo»*w- 14 VENNiriG vs. HUNTER, [Copy.] MoMDAT BtoRNiifG, 6th June, 1861. Mj/Dear Julia,— HhoulA you have any desire to Me me. I will call up this forenoon. Probably yoa know what morning this is— beingr nine months thievery morning — both the day of the [Coi't] Moxdat MuBNiMO, 10th Jane, 1361, My Dear Julia : — I was quito su^prised^at the eontonts of the note which I received from you in neply to mine of last Thursday morning, being very different from what I had expected. You corn* _ _ mence with the words* Jtfj/ hitsband, expnessinp week, and the month, on Which we were married. | your surprise at receiving a few lines from me. Severe have been the occasional trials which I and your astonishment that there should be a de- sine on my part for an interview, objecting to and Severe have endured during that short period— such as kad not been experienced dufing allthe previous part of my life. We know not buv that the AinUghtu has some good in contemplation in these trials, of whichi we know not at present , but may know hereafter. I. feel rather diffident in addressing you at this- time, awing to the very excited* manner in which you left my house on the morning of your sudden departure, with the object of taking vour husband tathe Police Of- fice, whieh would have been a rather novel situ- ation for him to be placed in, never having been lequired to go there fnj^ any misdemeanour— also the unbecoming lam^uage made use of previous to- your leaving. The interview, if desired on your part, I should like to be without the pre- teocc of any. of your family. Hoping that you aiein the enjoyment of good health, I am. My dear Julia, Your Husband. Robert Huntbr.. The boy will wait a little for your reply. To.thia I Mceivod the following u-eply: — CEDARtixLE. June 6.. Mkj Hvsband, — I am surprised to receive those Iinle » to battie with the world. 1, a weak woman, look- ing and depending upon you for happiness and pro tection. Nothing but God and his goodness has supported me through very many trials, and to him alone I still look for strength and consolation. ■ Your wronged and injured wife, Julia Kumtbb. In reply to the letter receijred from Mxki, Hunter, dated 6th Jxme, »ent the following : nef using such, lest such an interview would result in jont again returning to your husband. Such, Julia, are not the exx)ressionB or the feelings of an affectionate, attached wife — unwilling to see your husband, from whom, you have been separated for the past four weeks, under painful and unhappy circumstances — dreading even' an interview last it should lead to your return to him. Was I the greatest monster in the world, rolling in drun](. to yeu at all hours of the night, beating and abusing you in the most beastly manner, there might be some excuse forsuch.expressions ; but your husband is not of that class. But what I most particulazily wjbh to refer to in your letter, axe some expressions theiiein contained, and charges made of which I am. entirely ignorant. You say the ruinous design* of my mother and sisters has been frustrated — that you have proved to the world that you have been a true wife to me, and not the gvilty woman they tried to make you appear. Now, Julia, those are charges which I think you cannot substantiate, but are imaginary and exaggerated^ Although such irmy opinion, yet should you explain the matter sufficiently, and satisfactorily show that my mother auui sisteiis have such designs against you, of which I have been ignorant, I will leave nothing undone to have matters rectified to your satisfaction ; and srrely, Julia, such explanation is justly due from you to me ia justification of such charges ; and I certainly expect to be gratified in that. You speidc of my unhappiness as- nothing when, compared with yours. I, a. man, as you say, able to battle with tlie world. Could you but realize my present sit- uation, such would probably not be your opinion — representing yourself as a weak woman, depending^ upon me for happiness and protection. Surely, .hilia, although such m£y be your language now, certainly your conduct towardis me on m»ny occa* sions did hot munifest such to be your feeUugs — telling me, as you did the week previous to your lea;ving, that you would just go where you liked and when you liked ; that you had always been accustomed to it, and that you would always do it; and in addition, that you did not caw for me, man- ifesting your total independence of and' indiffen- enoe toward me. Surely, July, even supposinj^ that you had always been accustomed, previous ta marriage to going when you liked and where you liked, you might reasonably consider that ^our being a married womaa ought to make some differ-, ence in that respect, and that your husband's feel- ings and wishes should be worthy of a little con- sideration. In my las^ I made some reference as to your health, which you made no reply to, think- ing, probably, that in that I felt no interost ; bnt 4f such bl moreove( to your sincerelj sufficient successfu oircumst other as unto us I nesday days. HI dear Julil [Cott] MtHi to your 1| You wert what sho treated i heart whi only to y< our sepal youwiUini house, nor .you told n my life, ai coaoh and .you woulc and if J r« intruder. yet 'one i alas } ther< threat int me for th< life, did drunken 1 ence of li< for you, ai «ane mom ness, but a drunkai by liquor husband i stand me your mot; have heal have said •mariiwi marriud ] must ha\ rant, oth< asked yo other wil a week ] had not Who ha You acci being p< know thi assettioi 1 did no VENNING vs. HUNTER. U 4f such be your opinion youvronj: me much. And, moreover, I feel deeply interested and anxious as to your approaching illness, trusting and ipnying sincerely that the Almightv will grant unto you sufficient strength to enable you to get through successfully ; and' that even under the distressing oircumstanees in which we are placed'towards each other as husband Mid wife, we may have granted |/t(% unto us an offspring. I expect to leave' on Wed- nesday morning for the country, to spend a few days. H oping to hear from you soon, I am, my dear Julia, Yov.r husband, ROBXRT HrNTER. [Copt] St. Mt Hdbsano,- ..} REPtY. Cepar HiLt, John, N. B., Juno 10th, '61 -As you have requested an answer to your letter of this date, I hasten to comply. You were surprised at my answer to your last, — what should you expect, knowing how. you have treated me ? — you having crushed and broken a heart which was wholly yours, and which thing only to you for love and happiness. You speak of our separation. Who caused it ? I did not leav« you wiUingly, but was repeatedly ordered out of your houte, nor did I go the first, second or third time . you told me to ; not when you threatened to take my life, and tie me neck and heels, pitich me into a coaoh and compel me t»go ; net when:you told me ^you would no longer acknowledge me as your wife, and if J remained there I was only an umrper and tntruder. I endured allthis, still hoping there was yet 'one spark of affection remaining for me, but alas ! there was not ; and yet not until yon put your threat into execution, and laid violent hands upon me for the second time, placing me in terror of my life, did I leave you. Kobert, you speak of a drunken husband ; had 'you been under the influ- ence of liquor there would have been some excuse for you, and I could then have hoped that in your fiane moments I would have received 8<»ae kind- ness, but you have treated me far worse than many a drunkard treats his wife, and yet not influenced by liquor. Alas! I know too well what class my husband belongs to. You profess not to under' stand me when I say that the ruinous designs of your mother and. sisters have been frustrated. I have heard, Robert, and I flrmly believe that titey have said, that I was in the same situation when 1 marrimi you«s I am at.present, and that I only married, you -as a cloak for my shame. You, too, mitft have heard it, although you now plead igno- rant, otherwise what could you have meant when I asked you where you had. passed the night — as any other wife whose husband had left his own bed for a week previous — and your answer was ** tliat. you had not spent -it with a vile, treacherous woman." Who had you > reference to, if not to your wife? You accuse me, Robert, of not caring for you and being perfectly indifferent to your wishes;, you know that is false, as -well as a great many more asserttous you- have made. I never told you that 1 did not caro for you. In looking ov« the past, I cannot accuse myself of slKVwing any want of af> fection for you. Have you so soon forgotten times when I Irnve gone to you and thrown ^my arm* around your neck, saying, Robert do you not lov« me? and hi reply you have cast me froinyou as one not worthy- of your love. In jyour heart, Robert, you know that any kind word from you was prized and appreciated by me, but you and our Hea- venly iatliet know that ihey were few, very few. You say {bat you are anxious about my health, how can I think that you really moan it when I have never received one word of sympathy from you. You'havo known my situation and if I cvea. contplained of feeling ill,. you would ask me how the woman did who had to go out washing every day ; such is the kindneas I have received irom you. My father «nd mother have bestowed upon me the sympathy which I had a right to expeot from my husband, yet it was domed me. You speak of our child, in all .probability it will never know a father's love, and should I be taken I trust that the the kindness I have received from my family will be extended to n^y child. You say.you are. going to the country, no doubt your sister, who htiB alyfayn tei^eix tny place, will accompany you ; I wish you both a pleasant time. Now, Robert, if you are really sincere about my health, do not wor- ry me with any more unkind letters, as I feel quite unfltted for the task of replying to them ; and when next.you feel moved to talk to your friends or mine, for your own sake keep to the truth. You told Mr. Thome many things far from the truth, ftay, who left tho house first on the Sabbath day you referred to? Did you not go out with your sisters and leave mo alone ? >Did you ask me to accompany you ? Did 1 enter the meeting 4n the evening when thoservice was half over ? Did you tell Mr. Thome the language you -made use of to me for the last week previous to my leaving you ? For fear your memory is treacherous, I will remind you, although the repetition of such foul language is truly sick- ening, namely, you little devil, you bitch, you infer- nal devil. Those were '>'our pet names. You to talk of love and call yourself a man, could use such vile language to, your w^ife, is beyond my comprehension. There are many men in the lowest ranks of life, of no education, who would scorn to act such an un- manly part. My heart aches at the very thought of it, and I grieve that I have been so deceived in you. Again, you say that you took oath before a magistrate that you gently touched ray cheek with your hand — that it could not be' called a blow, and that it was -the only time you ever laid your hands on me. You know, Robert, you said what was not true when, you made that statement. You cannot imrely have so sqpu forgotten that a few days pre- vious to the last blow, you -caught me by the chin and shook mo violently, leaving tfie impression of your fingers upon my face for some hours after. Oh, Robert, who could have thought that you would treat me, your wife, is such a manner as you have. Praying that God will one day show you tho er- ror of your ways, I renn^in your wronged an f'rst place I believe what you say in n^lVrcnco to I me; but there was al^vays, oven from soon after ^ my mother and nistors is vlllainouHly false ; that marriage, that desire to run on all occasions, an^ i they n<>ver either thought or said the like, (you " '' - • • ••'• .... . . . I may, however, require to answer for it again) that I never heard of such having boon said before, teheUier you belirre my tconl or not ; that I never told you what you accused mo of previo^js to your leaving ; but what I said was this — that I did not spend the night with a false friend in my lx)sora — referring to you going about amongst many people endeavoring to make me appear so bad. I have never, in talking to your friends or mine, told any thing but the truth. Oh that I could say so on your part. I have not stated anything to Mr Thome but the truth. On tho Sabbath you refer to when coming from cnurch you asked me if 1 would go to Zion's Church ; I told yoi 1' would not ; you said that you would go whether I did or not. After dinner I went up stairs to paie ray corns, intending as you were goingto Zion's Church that I would go over to Carleton ; on coming down stairs 1 quite unexpectedly mot my sister in the hall dressed, going over to Sarah's ; I did not know they were going out, neither did they know that I was until we met in the hall, and then wo only walked together as far as Sarah's. I proceeded myself to Cuirleton. That, I'thintl explained to you before ; it was no use to ask j'ou to accompany me when you were determined on going to church. I did not say that you came into the church in the evening after the service was half over ; I said you came into church after us. I have said no- thing in reference to that or anything else but the truth, let it be milsrepresented as it may. I never called you a bitch ; I called you an infernal little devil on the Tuesday morning referred to previous to leaving, of which I told Mr. Thome and any others I have heen speaking to on the subject ; I may have called you the same on occasions when provoked to it. But I repeat it again — I have call' ed you or no one elsp a bitch — you say that you have been cruelly deceived in me ; I am the one that has been terribly deceived — from being in a situation of happiness and comfort, having by_ one unfortunate step in my life rendered myself miser- ably un||{Eippy, and stfll there was no necessity for such being the case ; my whole and sol« desire was that my wife and mother and sisters should all be happy, and for that end was willing to be a slave to any extent that might be neoessary. But Julia your object was different, you entered the house, 1 believe, with the desire of making matters as unhappy and disagreeable as possible, that by such means you might compel me to separate from my family ; I have often told you that I believed such to be your object ; I have told you Julia of the imprudence of the course you are pursuing, that it was your duty to do otherwise, and that you were pursuing a course tho very reverse of what you know was agreeable or pleasing to me, We might have been happy Julia together; I was desirous of being so ; what object could I have in desiring to be anything else. I could have loved you Julia almost to adoration, conUl I but have seen but there was al^vays, oven from soon after marriage, that desire to mn on all occasions, an^ that total indifference as to whether your husband accompanied you or not, which to me was galling in tho extreme, being of a very sensitive nature. Ha4 your parentH at tojo first comm^ocement of our troubles brought us together and heard tl^e g^ieV* auces of each, and consoled and ad^vised us, matters would never haye com* to wh^t they have ; but they have pursued a very opposite and very incon* sistent course — they haye listened, to your one-sided and extravagant stories, a^d by their counsel and advice have assisted muc)^ in wiikning the breach. It is always better to endeavour to reconcile differ ences between husband and wife than to magnify •Tulia, I cannot describe to you the extent of my misery, and how much I deplore the unfortunate state of affairs between us, for which th^te was no necessity. I have been told, Julia, that on the evening previous to our marriage, you made use ii^ the following expression to some female friends who were present, " that you were going to be tied hand and foot to the old fellow in the morning, and that you wouFd then make the money fly." Such were not the proper feelings ; such was not the proper spirit to express or entertain on tjbia eve of such an occasion or under which to enter upon the sacred duties of married life. I must conclude, although there are many things which I should like to say. Hoping that you will excuse the s^noyance given to you in writing to you at this time, assuring you that it has not been to me a pleasant task to write to you in such a strain, but considered that it was noising more than a duty to myself to reply to the vile and untrue charges against me contained in yojurs. >Vill> the kindest feelings towards you, I am, dear JuUa, Yourmuol^ slandered and unkindly treated husband, BOBBBT HVKTEB; I never received any reply to my third let- ter, a J wife never returned to me. I heard the child was born by ordinary rumor. 1 did not get to see it, because of treatment I always received from my wife's lamily. I would have liked to have seen the child. 1 got no no- tice of its being baptized. I was not consulted about its name. It was not baptized in my own church. The first intimation I got of this claim against me, was a bill from Mr. Y . On getting it, I afterwards sent a notice to Mr. Y. [Copy.] St. J[onN, 20th August, 1861. Mk. W. N. Yenning,— Sir, — I have received a bill from you charging me with £18 board, &c., for ^y wife with you. You are quite aware that my yrife left my bed and board without my permission— against my will, and without any excuse whateveyl I never authorized you or any one else whomsoever to harbor my wife; whereas you yourself well know I am perfectly able and willing to keep and support her myself m my own house. • I beg therefore to explicitly notify you that 1 hare not b««n liable, and will not hold myaslf Ua- 'I ' W^Wrt' 18 VENNING VH. HUNTEK. put bis property out of hiH lianda, and Vcuniog would never get a c«nt ol il."] I cannot swear whether my wife Ufled l)oth hnndN in Hhakiiig m« or not ; etio shook my arm, it wiis not my leg, I did send a letter to her to send all trapH back again after shu loft. My nosu did not bleed .when sh^ shook m^ I think I did cunsult a lawyer a few days after my wife left the tirst time. Before my wile left me finally she was engaged in scwinK on baby clothes while in her ror>m. She used to come down to the sitting-room in the evening. As a gen* eral thing, slie used to come down stairs and greet me when I came into the houae. I do not remem- ber of an^ one of my family rendering aHHistance to my wile when she was sick. I always take my boots off in the sitting vdbm. I never threateueil to throw them at my wife. I will Nwear poHitively I did not say " duds" in telling her to park up. [After considerable disputing and objections ou part of plaintiff's lawyers, a printed copy of judg ment in divorce case, Hunter vs. Hunter, was put in as evidence. Re<«xamined : — I never passed a day without speaking to my wife, I furnished her with all she required. Had no desire to see her worse furnish- «d than other ladies. I presoutcd her with a gold watch and chain the evening before marriage. Tho judgment in the divorce cane was published to re- move public prejudice, without note or comment. Re-cross-cxamined: — Would not answer whether he tried to get back watch and chain after separa* tion. I purchased shawl and boots in Boston for her. I paid £12 for furs for her. Mrs. MAnoABET HuNTKK'a Evidench: — I am wife of F. Hunter, sister-in-law of dutendont. I remember Robert Hunter wishing me to go and see his wife ; he told me to say that he was willing to Srovide a separate home for her, if she was wiUing ) return. He was very anxious for her to return to him. *I said I would go with pleasure if I co)ild do any gooJl. I did go next morning ; saw Mrs., H. I told her I came to learn her mind as to re- turning, aod I said I thought her husband woiild be willing to take another house for her, but I did not say Mr. Hunter told me so. She said she would not return if he built a palace for her. I did not let her know, her husband sent me. I* then came away. 1 communicated to Mr. H. what his wife said. Cross-examined :— >! have a very imperfect recol- lection of what took place. I do recollect Mrs. Venning saying she thought Mr. H. was out of hia mind. I replied that I thought not. I recollect Mm. H. calling on me for baby clothes. I do not recollect telling Mrs. H, that I pitied her. I did not tell hei' that I knew she could not live with her husband's family. I do recollect on one occasion her husband told ber he would not go with hi^r^ I did go to see Mrs. H. in consequence of a^ dream I had. I may have told her I went out partly in con-, sequence of it. I. did not tell ber I came out in coBBequeooe of aympathy, I told her that I intied \iet position; that I felt so bad about the^^reuble■' ble for any bf>ard or othfr dfhin ©f my wife's con- tracting. RoBpcotlully your's. Ac, ROBEBT HVNTKR. I also p:ot anothei bill from Mr. V. amounting to |[lQ6-85. I then got a letter from Messrs. Wet- mbre & Peters. ShortW after I got this, I was sued. I was again sued; the second suit is now oir record. Two actions are pending against me. I was also sued in Court of Divorce. Du- ring the whole of my intercourse With mv wife she showed no affection and did not consult me. She evidently wanted a seperate establishment, and that I could not afforn. Cross-examined;— I am the sole support of my mother and sisters, except interest of money before mentioned. Thw servant did the work about the house. My sister did sewing for tho family. They 4id'not make their own bonnets or cloaks ; I do not know of thera making their own dresses. They Ifvbked after household duties,— house cletoing twice a jrpar. I can't tel! what house duty they did ; they werp dften sewing. I never saw them making hooped-skirts ; I cannot teill what thev were ma- king. They sometimes made shirts and drawers for the shop; I cannot tell how many pairs. There wari nothing (ilso required that they could make. After Mrs. Hiihter came to the house, the servant did work. I never saw my wile doing house work ; the servant did washing and cooking and scrubbing ; can't tell who did the balance of the work. I at- tended Mr. Bennett's church when the child was bapti:;ed ; I do not attend there now. I know of no other wny for evil reports to get about, except through my wife. I did tell that my wife had left me ; I told Rev. Mr. Lathern ; I do not recollect telling any one else. I will not swear that I did not tell it to forty persons ; I did not tell every- body. I told no person until I heard my wife had told Mrs. McMillan. Mrs. McMillan was a friend of my family. Mrs. McMillan told me she never saw my wife before marriage. She visited my house to see my own family particularly. I cannot say that the consultation I had with Messrs. McMil- lan and Bennett was tho cause of our reconciliation Oere Counsel for plaintiff mentioned a g^-eat many pisrsons, but witness could not swear whether he bad mentioned the first difficulty to them or not.] Htt continued :— I had ^at mental anxiety a the time my wife left me. Do not know how it effect- ed my bowels; can't speak about my appetite. I baye read judgment in divorce case. * I purchased about 125 copies from Mr. D^. I gave Mr. Day a copy of tne judgment. When asked, I gave pntitM copies away. -I wanted the public to see the' truth. . I had no desire to prejudice public opi- ppn. ; To the best of my recollection I never told niy wife I could not go out to tea with ber. My wife 4id toakfe my sisters presents of thimbles- at the tSnie I gave' her the $8- I have ho recollection of mymother getting a jair of slippers out of the $8. My toeals were' ready regularly. I always got a <;kan shirt whei^ I wanted it. My dbtbcs were olVaVs takto caW fit ' [Wifne«« refiwed to answer whether he haii stated 4o iibfHe person that "if altbatl could not sleep; that if I could do anything verdict in this suit were given against him, he would to reconcile matters 1 would do it. Mrs. H. did VENNING v.. IIUMER. W nd Vcuning inuot RW«ar Hhakiiig me t my lep, 1 »H buck aguin id,wli(>n iib^ *wjor u few Bolbro my II scwiiiK uii used to come ;. Abagon* ira uiid grcot ) not rcmem- ig aHHiHtance ays take my r tlireuteiiofl sar poHitivelj' to park up. bjectionH on !opy of judg iter, AVftH put day without r with all she r'orse fumbh' ' with a gold BTi'iago. The ilished to re* or comment. Hwer whether after scpara* In Boston for ench; — I am elendaut. I to go and see H willing to was wiUing ler to return ure if I could g ; saw Mn., lind as to re- isband woiild ler, but I did aid she would r. I did not Pthen came rhat his wife ,p«rfect rocol* icolleot Mrs. vaa out of hit I recollect in. I do not her. I did live with her one occasion with h^r, I of a. dream I partly in con*. : came out in thi^t IiHtied tiie troubles' do Anything; Mrs. H. di5 not then usk wiiut I wuitld adviHC. She did not I then say you surely would not think of or adviHej me to go back to that house. I did not reply that T could not advise lier to do so. I did say that Kobert had been very much indulged by his family and ho would expect it llroin his wife. Rn-exauined : — When I visited Mrs. H., she re- peated a good many of her grievances ; I think not in a very good spirit. Mk8. RoBEKT lIiNTKU Ukcalled :— I recolleot Mrs. F. Hunter coming to sue mo in Juno at my father's. Hhe ^id say she felt a great sympathy for mo ; that she pitied me. bho told me she had been very unhappy and could not sleep ; and she had told her liUHband that if she lived till morning Mho Mould call and bee mc. Hhu said she pitied my situation — it was a dreadful way to be situated. I replied that it was an unpleasant situation, but I felt a freedom now which I could not feel then ; I felt like one out of prison ; I could go around my father's house without being found fault with. Hhe said if she could do anything in her power to make things better, she would do if. I said, Maggie, what can be done — you surely would not advise me to go back again. She said, oh no, she could, not do that. I said, what can be done, liobert will never separate from his ffuiiily for me ; have vou known how I was treated thei'e ? bhe said she had heard a great deal of talk from the family, but did not pay much attention to it. I said, if you knew what I had to put up with, I lAtve had so much impu- dence, especially from Isabella. She said she knew I would not be able to live with the family when I went there, and that her husband had advised Uobert to think well of it before he married me. She said if you were by yourselves, don't yon think vou might get along?' I said there was a tim^ if Robert had done as he promised he would, take me to a home in the spring, that we might have lived happy. She said she did'nt even think we would get along then, for iie had been spoiled by his fa- mily — if there was one thing better than another they always g^ve it to him ; that his family always made him think he was something superior to any person else ; that if I did go to live with him I could have no will of my own, but just humor him like u spoiled child. I must give up my family and friends and just agree to whatever he proposed. I said Maggie would you be willing to do that ? She said she never would do that for the best man on cai-th. She said how diilerent Iter husband was now from what he used to be — that he had a great many of those ways that Robert had, when she was mar- ried to him, but he was quite different now. I do very differently from you, I never take one word from his family. I think I said during the con- versation that I would not live with him now if he vould take me to a palace, after the way he had treated me. I thought the conversation was strict ly conlidential. I did not know that my husband had sent her. I did not expect that what I said would be repeated to my husband. This closed the evidence in the cose. The following is a summary of th* spee^et, and the Jud|;e*s char|fe.- '"' '* -• ••- ■- . ' 31 IJ. THOMSON S HrKEUH. Mr. Thomson in closing for the defendant com- menced by saying that the present case was one of the most painful which luid romu under his notice and he felt very muvh embarrassed in addressing the jury on tiie facts in eonnuction with it. On the one side M-as a lady possessed of great peraonid at- tractions, and, in consecjueuce, commanding a sym- pathy whicli persons wdl naturally feel for a lady placed in trying circumstances; on the other, a gen- tleman, to whom tho same sympathy would not be extended. He had noticed, from the crowded state of tho Court during tho progress of the trial, and other circumstances, the immense interest which had been evinced in this rase, and ho was satisJ^ed that such demonstrations could not bo without weight un t he feelings of a jury. His client labored under a disadvantage in that the one side of the case, tho lady's evidence, and only a portion of, the defendant's evidence, had been published in one of the city papers, and the impression created from reading the evidence, as far as published, wa« that the lady was a very ill uueJ person indeed, but he was satisfied that the jury l^fore him was composed of gentlemen who would not bo influenced oy any reports which had been circnltted damaging to de- fendant's case, but would impartially wei^li the evidence, and recollecting that a great prmdple was involved, render a verdict according to , the evidence before them. He continued : Gentlemen, the question you have to decide is whether a wo- man, whenever little family differences arise, can leave the house and protection of her husband, go abroad into the world and contract debts in the name of that husband. Realize thil to yourselves, picture yourselves in such a position as that ; there IS no family in which domestic c|uarrels do not arise ; and recollect that if such difficulties are made known, public opinion is always on the side o'tha woman, who is generally tho possessor of a tongue which it is impossible to withstand, and a power to call tears to her aid, which men, as a general tl^ng, cannot resist. The learned Judge will lay down the law to you in such cases, as administered ^ero and in England, and I am satisfied that, accoripling to that law, you will find> that there WM no vio<- lence or attempt at violence in this case, which could furnish a warrant to the wife for violating the sanctity of the marriage vows, and leaving the home of that husband, whom she bad sworn in the presence of Almighty God to love and obey. Mrs. Hunter in this case has seemed to drag her me* mory for all the little petty charges of ill treatment which she has preferred against her husband ; every little mole-hill she has magnified into a mountain. 1 can tell you, gentlemen, that Mrs. Hunter did not manage to recollect one half the evidence in the ^al at Fredericton, which she has given in, this Court, and even in the most charitable view of this circumstance, I must say that she has evinced a de- sire to damage her husband's character to the ut- mostaextent in her power. Mr. Hunter's character stands without a blot in this community ; no man has even dared to say that he baa not been stdctly bonoriible in ail his traa«aotion0 ; and I have a ywf 20 VENNINU N«. HUMKU, poor opinion of the wontan ^iho would wantunl}' Msail the character of her huHbnnd. VVh«!n Mr. Hunter mad« prouonitionH to the lady who in now his wife, nlio and ncr family well knew what were bia circuraHtanoea and proMpec ta ; and auruly wIkmi tliat marring'' ^<^'* PonNuminnted thvy had a riglit to loolc forward to many daya and nighta of nuptial bappiuena ; and when thoae unhappv ditferencea did ariHe with hia finnily.the wife aiirely ought to have excrciHfti a little forbearance and diacretion ; ahu ought to have r«<>olloct«d that he waa the much loved aon and brother aa well aa IiuhImuuI. When the first little quarrel ocwned on the •way from Torotito to Montreal, if Hunter did aay it wum child- ish for her to wiah to »ee the aparkling of tlie light on the watera, it waa 'not very harnh, and did not justify her in getting^ into a pet and telling him that if he treatb«lh«r unkindly once he would not do Ro again. Mm. Hunter wna not forocd into the match, and I might Hay,'but I don't that tliis looku very much aa if Mrs. Hunter married for nn eatab- lishment ; and.gentlwjiien, when a 'wife commonrea in the " honey moon ' thua to differ from hei hus- band, her future actioua are well worth watching, The Iciirncil gontluiuan luviuwed tin; cvidvure at length, commenting upon it, quoting largely from the judgment of the Maater of the Holla in the di- vorce caac, in ttupiiort of hia ntatomnnta. \V« have given but II nu>n- cMitlina of liitMicry able M|M.>e(ii. Our apaco dot-M not )ivnnit ua to go more largely into it. lit) Huoko t^jr nearly two hours and was liHt«!ned to N\ith gn-at intercHt, concluding with an eloquent appeal in favor of the defendant aa an af- fectionat)' Hon and brother, atating that it waa found invariably to be the case tlyit an iitlectionate Hon was Muru to be u kind, allectiouute huabuud, Ml{. GIJAY'B HPKKCn. (Jray delivered one of tho moat eloquent Mr. apeccheH, in chming the caae for the plaintilf, that we have ever heard. He waa nearly three hours on Ilia feet, and at Uniea waa liHtened to with brcathleHN attention. He took Mrs. Hunter's evi- dence as published in the TKLKiatAi'ii, and follow- ing each hMcrci\-— forgot to take the Uiblo and read those words, which are read wherever Chrihtianity has a foot- hold, and A\herover t\te name of Christ is known : " For this cause shall a man leave his fatlier and knowing this, expressed the sentiment that he 'mother and cleave unto his wife." A case such as would rather see her iir her cofiin than go back to Ithis is not to be gtiverued by mere language, but by live with him, I say that there was no justification I ai'guments and facts. There can be no question for lier leaving, and that from the very first she I about tho law which regulates such cases. Tho evinced a determination to have a separate estab-| Judgment of tlie Master, of tho Kolls, from which lishment, doing all sliecoirid to create uuhappinessniy learned friend has quoted so largely, has uo- in the family to this *end. After Huntpr had used ihing to do with the present case ; the application unavailing efforts to get her to come bock, and after he had been furuislied with a bill for her board, he wrote to her futher, explicitly 'stating in that case was for a difierent object, and cannot afi'cct the present, and I ask that your conclusion niav be difierent. The credit that we are endea- that he was quite able and willing to support hisjvoriug to establish is that of the husband in a case wife at his ownhousfe, and would not be responsible I wher« the wife, from u fear of uersoiuil injurj', had for any biHs 'v/hich she might contract ; if, gentle-! left him and had contracted bills for her maiute- men, after this you say that she has the right to nance after so leaving. The husband in such a rdn 8ft>outtown and contract bills, I consider that {case would 'be responaible fur those debts, unless it you are striking at the very roots of the fabric of i could be pa-oven that he had made a bona tide ofler r.^^:»4-» «.,.J _11 J i.i_ l._ J mi-- J- _i A- i-i-- i.r^_i 1- 1 ii -e ii •!• 1 -.1 - Bociety and all domestic happiness. The conduct of the father of the lady in this case is reprehen- sible in the extreme. He seems to have> done all in his power to prevent a reconciliation, forgetting that "what God has joined together" no man should to take her back, and even then if the wile had a reasanahle fear tliot -the indignities would be re- newed, she would not be compelled to return, and the husband would still be responsible for her | maintenance. First, we have to determine if the put asunder— and, gentlemen, in this caee it was conduct of the husband was such- as to justify the }xo nuin who did keep tbem asuudor wife in leaving— was it such as .to cause Mer to %^1fev .y^f- VKNNING VH. HLNTKK. 81 luiVf « rviihoiiuMc f('«r <><' |)<>rnoim1 dmiifur. If mo.IiiikI Ik* liiijuiy with tlial lufiii ! Am well jmiI Iruti on iht) KUfH ubruitd witli ii rrudit, mid thooiily wny iiijtli'^ HiiiIin (tCtlii- NwiuiniHr and ti'll liiiii toriMvubuw \»hjc)i till" liUHbaud can rid hhnMoU' of thn r«'M|)«)MK|-jtho watrr— um mx-II ft'tt«T tho Iiinl»H of tli«rH< oraiid tdlity Ih hy making n honu jtJi otter tnKcr to rrttiniitfll him to Iw HwitY— uh w«II Mop tln> fain of u muii There aru two lutxh m by wiii(')i thu huHbund, in nnd tull him to liHt<>n to the mtlt cadfiircH of mii- the prcwnt caHC, tifuvo credit to tiu wife : tir»t, by urduriiiK liur out of hin hoiiHC ; and.Hvcond, finding liiH oniurM not oboyed, ho adopts a roiirBO n\I kIi I bolicve to bo «nimnilull( d in thiMCitv nnd County, tbut tif thrcatuning her lif< if nhe did nut leave. — The lirHt oiiurrol whirli oc* urr'wl btitween Mrs. Hunter aiul iier huNband, on Ixiard tho Inrnt, may bo a very little niatti-r, but HtraMU mmiutimeH hIiow Vb'hich >)iiy tho wind bluwM ; and the nnin wiio would not f^ratify HUch a dt'HiTo on the part of liiH wife, oneweuk after marriage, as to hou thcHparkling of the ruyHof light ont he water, doeH not doHorvo the nunio of a man. My learned friend HuyH sho ootdd have looked nut ot the rabin window. What a ptictic temperament I AVhy did ho not say tliat hIio could littve looked on the water banin ! My Itiarned friend HtateH that tho accountu of MrH. and Mr. Hunter diHer iu reference to thoMO quarrelH. and UHkH if you can iM.diuve that Mr. Huut»r woidd deli1>erately perjure hiniHolf. I would aHk you, can you believe that that youug girl who gave evidence ^ In that witnesH stand would bo guilty of cmuraitting plaintitf 'h Hide of thin chhc. Mth. Huntur'H evidence perjuiy? 1 never roHg from tho deliverance of ten- jig corroborated by every one of tlie witnoHNCo; audi timony with a firmer conviction timt I had liHten-|aHk you, gentlemen, where in tlmio one tittle of e> i cd to the truth than I did after hearing the evi-donce in corrob«iration of Hunter'n te«timony. He dunco of Mrs. Hunter. 1 was mitiHtied that no'deni«H tliat lie struck hin wife a heavy blow. It in weight of evidence could 'bo brought to criiMli it.jwHlfor hiiu if lie can wipe from Iiim ret;ollcction \Vhon I aHked her if the child were Birill living, I tho darkest Hput that over diHgraced the name of could «eo the light that beamed from htfi- face aHJmnn. Hut out of hiH own mouth I Mill condemn Hie— aH well put out a mimVyyen and tell him toad- mire the l>eautieii of nature— hm well might thu huh riHe in the darkneNH of midnight- an well expert the moon to break forth at noonday and eclipHe the ctTulgwneo of the orb of day, aH expect that young girl to bo again happy with that man. Hhe went back to him after tho liiNt Heparntiou be- caiwie RJio believed him when he tolil her that ho wowld provide a neparate home for her, and hIio hud hanlly been ir the Iiouho before ho refuited to an- HWei her qucHtion, if he would not be augry with her if who went to nee her mother, anking her, in- Htcad of replying to her (jucHtion, why hIic did not take off her thingn. Thia refiiHal an♦. .i«^*-"^^'«.',...** ■<- 22 VENiNlNG vs. HUxNTEll. nu unpleaHant case, and, 1 am bappy to say, one of not frequent occurrence in this Province. It has been conducted on both sides with great ability, and with a singular amount of discretion and good judgment, the Counsel on both sides seeming desir- ous to avoid as much as possible anything calcu- lated unnecessarily to wound the feelings of cither party. My duties now, gentlemen, are exceeding- ly light ; yours are of a far more responsible char- acter. A good deal has been said by the Counsel for the defendant concerning a populair opinion which, ho seems to think, is pressing in upon this case, restraining him in the discharge of his duties under the conviction that in the contest in which his client is engaged he has not " a fair field and no favor." I feel satisfied that none of you, gen tlemen, will knowingly or willingly, permit any such considerations to weigh with you ; and if these things are so outside, I can only entreat you, believing even the best men will sometimes be^ al- most impreceptible influenced by them, to fairly and impartially determine this cause, according to the rules of law and the evidence as heard and laid down in this Court, entirely unswayed by the ex- pression of any opinions which you may have heard; It cannot be disguised, that, although the pecuni- ary amount involved is comparatively small, the result of this cause must have a material bearing upon the future condition of husband and wife. It is, no doubt, gentlemen, the duty of Counsel, to put the facts as detailed in evidence in the strongest light, and this is just one of those causes which culls forth the highest talent they possess ; at the same time neither you nor I must or should bo governed in our judgments by feeling or prejudice. This, with us, must be simply, u dull, dry question of contract, and as such we must endeavour to de- cide it. It is alleged, that the defendant in this cause, by his wife, contracted with the plaintifi'for the supply of necessaries, &c., &c. If the plaintiff did so contract, then this Court is the legitimate tribunal, and you are the proper persons to see him righted. If the contrary has been shewn, or this claim is not sustainable in law, then it is our duty, no matter what may be the consequences, regard- less of prejudices and feeling and all outside issues, or the effect on one side or the other, manfully and firmly, to give our judgments accordingly, setting ourselves against all popular feelings, fearlessly and honestly, under our oaths, dealing justly in the mat'jer, leaving public feelings to be soothed as best they may, recklens of all improper considerations, discharging faithfully our duties. This being the nature of the case, what is the law ? When a man marries a woman, and takes her to his bosom and hie home, and tliey live as man and wife, she goes abroad clothed witli a certain authority, the law giving her credit for all necessaries for herself; and Huch as she may 'purchase the law will imply is with her husbands sanction. When a wile lives .apart from her husband, ceases to bo a member of his family, no longer sits at his board and continues not to be the partner of his bed«then the ordin- ary relations ceMe, andihey beNComo ^UrtiMfiinavilit ; fiid th« Iaw, iuatified in Hv- 'bat are the cir- (tnd clothe her it i*? it, necessHi/ If the husband , she is of neces- «at, drink, and ind A contract ling on the hus- if the husband t she cannot rtt- 1 ipprchension of , then she may 1 with authori- m the law thuB incompatibility much to be re- ig. It is not of the ordinary band and wife, >on this; ca^o as ost universal— of this Biature, n, there is more I. Julia Hunter i may hare beeu I )use; she may^ outan|adequat« 38 which KO of- d, instead of a ice, one of com ler hand, when | properly have which a young »robably grati-, nily bestowed — for he wa» nd brother)— in such as they it more with man calctilat firl happy ; ho tiling entirely supreme, his than he had a >Ht a return tlemen of the inly speaking, the ordinary •^vedded life— ihip aind ages jproachaWe— as a virtuous he reputation rly industri- d usters hav- «>* _ _ S8 happinci^y. Perhaps if there had Iwrn manifested a proper degree of forbearance on both sides, mat- ters m'ight have proved different fiom what they have, VVe, looking upon the whole scene, can easily discover when and whcro judicious friends and advice might have wisely interposed. The wife, also, should have borne in mind, that when she went to, her new home, where other females had had the control who were to surrender it to a third person and become less indepcndant than they had been, unless she used great forbearance, judgnnent sad kindness, it must lead to difficulties ; that they might seem trivial atfirst,but unless met, discussed and determined they would, like the snowball, gather strength and size till assuming the proportions of the avalanche, they would sweep everything before them ! She should have remem- bered that it was a hard thing to ask him to send thepi abroad, when by a little kindness it would be unnecessary thus to render their lives miserable ; and he, too, should have well refl«cted. that in the step he was taking he was indeed placing his wife in a position of great difficulty and he ought to have been more careful than ho was ; aud when the difHcuhies did arise, he was bound to forget tliey were sisters, and to have seen that lys wife was placed there as female licad of the house, and those sisters should have seen that her t-ntree was made agreeable and have graced themselves as r/MVoj-s — the favored, honored and welcome vii>{ior$, in their brother's home. If she was received, however, as an usurper, — not controlling but couAiolled — her authority questioned or set at deliance, perhaps not at first harshly or openly, then difhcuUics must in- evitably have been as they were the result. Then it was, gentlemen, tiiiat the husband sliould have risen superior to the brother and the son, superior as master in his house, and det-ermined that she whom he had taken to his bosom should be Rupported in honor and respect, and taught that they could only Jive in his house while they respected him by re specting his wife ! And she should have thence- forth behaved to them as guests —treated them with civility and love, aud witli a