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COUNTY COURT
[Welland Tribune, 2 April 1897]
ASSAULT- Joshua Moyer, who resides near Chippawa, was arraigned before his honor Judge Fitzgerald on the charge of assaulting and beating his wife. The case is referred to under Niagara Falls South items…Mrs. Moyer was first called. She swore that her husband drove his team recklessly from the Clifton House hill to Falls village, swore at her and attempted to push her from the wagon. That when he stopped at Dune, Durham’s hotel she, being afraid of her life, left the rig and went to Mrs. Marr’s near by for protection. That he came there to take her home, and when she refused he pushed her down, shook her, tore her clothing, soused her in the ditch, and tried to drive the team over her. She said her husband had been drinking and was ugly because she would not give him a greater portion of some money that she had received as an option on the farm, which she owned. Mrs. Moyer said the abuse had been going on for a long time, and she could stand it no longer. She swore that he threatened to brain her. She intended to sue for alimony. To Mr. Crow-I have been advised to bring this suit…Mrs. Marr and Mrs. Marr’s son gave very clear evidence, corroborating the wife’s testimony as to the assault in front of Mrs. Marr’s house…F.R. Abbs swore that Moyer used some very forcible language in his store, but did not strike or assault his wife there. As far as witnesses knew the defendant’s reputation was good. …This closed the case, and Mr. Crow for the defence said it was only a family quarrel and asked for an acquittal. Prosecuting Attorney Maccomb strongly objected, and thought the evidence warranted conviction…His Honor said it was one of those unfortunate family affairs, and he hoped man and wife could make up and go home and live together another seventeen years. However, the defendant had been proven guilty of common assault, and he would fine him $10 and costs (which were quite heavy) and have him bound over to keep the peace.
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