District Court.

Feilding Star, Volume XVIII, Issue 170, 20 January 1897, Page 2

District Court.

PALMERSTON— TUESDAY. (Before District Judge Kettle.) ALhEGKD SLANDER. Allan Stanley inncs Jones v. Jane Evans. This was a claim for two sums of .15 on each of two counts for slander. Mr Skerrett (instructed by Mr Sandilands) for plaintiff, and Mr Fitzherbert for defendant The following comprised the jury : — W. Park (foreman), H. Gillies, E. Winks and Wadsworth. The following evidence was called : — Allau Stanley Inues-Jones, plaintiff , in the action, said he was a Minister of the Church of England and vicar of Foildiug. Knew the defendant, Jane Evans, who before her marriage, was in his employ. Her maiden name was Robinson. On Sunday, sth July, witness had been to Halcombe and in the even- j ing had conducted evening service at < Feildiug, going home between 8.30 and | 9 p.m. Witness' wife and children were i residing at home at that time. On ar- j riving home wituess went through to the kitchen taking a surplice with him which had got wet in order to have it washed next day by the defendant, who was also in the kitchen sitting at the end of the table, witness standing about sevfu feet from her. Witness asked the defeudant if it was true sho was to be married soon, hut received no answer. Witness repeated he wished to know if it was true, and defendant replied that she did not know if it would come off at all. Witness replied that he knew what young people were, frequently marrying in haste and repenting at leisure, and he advised her to do nothing rash, stating that they did not wish to lose her at oace. Defendant replied that she did not like that sort of thing, and nothing more was said about it. Witness concluded from her remarks that she did not wish to discuss the question. During the conversation the kitchen door was not shut, Mrs Jones was in bed and the bedroom door was open. The children were also in bed. The house was wooden and everything that went on in the kitchen could be heard in the front of tbe house. Witness was at home all the morning and bad lunch there. Defendaat had several oppov- ; tunities of speaking to Mrs Jones during the day. At 1 o'clock witness and his wife went to Stan way, where he conducted a funeral. Got home again about 5.30 and saw the defeudant. Asked her if anyone had been to the house and was told not. Went out to milk the cow, and on returning Mrs Jones asked witness if tbe servant was outside, remarking at the same time that sho was not inside. Defendant had disappeared and had evidently removed her belongings during the afternoon. Could not understand it. Sunday night was very wet but Monday was fine. On Tuesday morning witness went to where defendant lived to ascertain why she had gone. Her father was at home and he said his daughter had come lioqg but that both her mother and defendant were in Feildiug. Going home met them both and on stopping them said he had just been to their place to enquire why the defendant left in the unaccountable manner she did. The mother replied, " You ought to know." Witness remarked that he did not or he would not have gone to enquire. Mrs Robinson then said her daughter had accused witness of insulting her on Sunday night. Witness expressed surprise, aud wished to be told of tbe nature of the insult, and was told that he had said thiugs about being married that he should not have said. Witness replied that he had said nothing he was ashamed to repeat to her (Mrs Robinson) or anyone else. He then told what had passed as already stated. Mrs Robinson said that be must have said more tkan that, and further said they had been to Feilding and put the matter into a lawyer's hands. Witness said they had acted foolishly and left them. Defendant had only spoken once, and said that she bad told witness to leave the kitchen, which was not true, and on being questioned closely by witness had said " Well ! perhaps I didn't." Witness then received a letter from Mr Reade the same afternoon. Requested him to explain the nature of the insult, and was told the girl Robinson had said that witness went into tbe kitchen, shut the door, put his arm round her waist, and made immoral overtures to her. Witness indignantly denied the charge and expressed surprise at Mr Reade taking up the matter, and put the matter in Mr Sandiland's hands. Mr Reade did not say anything about settling, but promised to communicate with his client, and it would probably be all right, When the charges were made, witness communicated the effect of them to the Bishop of Wellington, his superior. The girl was not married until October 7th. Cross examined by Mr Fitzherbert On Sunday evening when he went home he went through the kitchen to feed his horse, and asked the defendant if Mrs Jones was in bed, as he went through. When he came in again went to his study, and obtained the surplice and toek it to the servant. He had often taken the surplice to the girls. It was not an excuse to go to the kitchen. Had not gone to see his wife, and did not shut tbe kitchen door. Did not attempt to put hia arm round the girl's waist. Did not say to the girl that there was nothing to fear, and that if there was any trouble she could blame it on to the person she was going to marry. Defendant had blushed when he spoke to her, but he did not know for what reason. Was surprised at her conduct. The previous servant Miss Linton, had left on acconnt of illness, and at tbis time bad recovered and wanted the place again. Had made his remarks with reference to marrying in haste, &c , because he knew tbe person she was going to marry had not the wherewithal to keep her. Was not more than a few miuutps in tuo kitchen. Saw her next morniug at the copper and took wood to the copper as was his usual practice. Had remarked that it was a fine day, but not with the object of seeing what temper she was in. Did not know what had induced defendant to say to him on the Sunday night, that she did not like that sort of thing. The girl had always apparently been modest. The Bishop had given the witness the option of a legal enquiry or an ecclesiastical enquiry, expressing the opinion the former was most desirable. Had gone on the Tuesday morning to see if the girl had gone home. Considered it his duty. Would have thought it most singular if be had passed the girl and her mother without speaking and enquiring why sho had left. Did not consider speaking to them showed guilty conscience. Had only gone to Mr Reade on rcceiviug his letter. Mrs Robinson had not told witness the nature of the insult. She had not said a word to witness or his wife but bad gone straight to a solicitor. Mr Reade said that he had put his arm around the girl's waist, not that he had attempted to do so. Had a servant named Clara Henderson who had been with them a few days. Did not remember putting his arm round her waist and kissing her. The girl was telling falsehoods if sbc came to Court and .stated these matters. Did not remember making any indecent remarks to Henderson and did not ask her to forgive him. The girl was only in wituess' employ three daj's aud was dismissed after staying ont all one night. Knew where she was staying, and weut there and said he did not wish the girl back again. Saw her when she came back for her box and talked to her pretty severely. Miss Lintcm had never slapped wituttsis ia the i^ce. Kuew Mr Uoodbc* ' '

here and Lad one conversation with him about the case, and had told him what had been stated in the case. Had not told him the reason Robinson was get-. tiny married was that she was enciente. Had told him that from her demeanour be had thought it was necessary for her to <^et married Had seen Mr Goodbehere before he commenced to make enquiries on his own behalf about the case. Mr Goodbehere wrote to the Bishop and it was on this account that the present proceedings were taken. Mr Goodbehere bad not acted as a friend to witness. Replying to Mr Skerrett— The first day Henderson came she got notice to leave. She was locked out at 12.30 ! a.m. and she was dismissed next day. Heard nothing about the matter for two years afterwards, when he received a letter from Mr Wilson, whom Henderson had married, threatening that unless witness apologised and paid a small sum of money in satisfaction of the insults | he had offered Clara Henderson, he i would take legal proceedings. Witness . replied that he did not understand the i charge and referred Wilson to Mr San - | dilands. The accusation was quite untrue. Mr Goodbehere was the only vestryman who had acted adversely to witness. The others had supported him. Annie Voss, in the employ of Mr Sandilands, Feilding, said she knew Jane Robinson when she was in Mr Jones' employ. Had a conversation with her the day after she said Mr Jones had insulted her. Robinson said she was going to leave Mr Jones because he had insulted her and that if he would give her £20 and ask her to hush it up she would hush it up. She said she was not a fool like the other girls. Was quite sure she mentioned £22. Robinson had subsequently come to witness and asked her what ghe (Robinson) really did Bay when she spoke- Witness told her, and then Robinson said she had not meant to say it. Cross examined by Mr Fitzherbert : Had told all tbis to Mr Sandilands. Had not told her not to be a fool like other girls. Did not tell her to ask for £20, or any money at all. Had not suggested it either. Had said that sho had heard about Mr Jones and tbe girls. The conversation teok place before defendant left Mr Jonea, and she thought ahe was going to ask for money. Nellie Linton, a domestic servant formerly in the employ of plaintiff, said she remembered the defendant coming to see witness at Awahuri on the Wednesday following the Monday she had left Mr Jones. Defendant asked witness why she had left Mr Jones' place; tbe reply was on account of illness. Defendant said she was sorry wituess had not left for the same reason that she had. Defendant also said that Mr Joneß had tried to take advantage of her because she was to bo married in a month or two. Replying to Mr Skerrett : Witness said Mr Jones had never attempted any familiarity with her. Samuel Goodbehere, solicitor, Feilding, and vestryman of that Parish, said he sent for Miss Robinson and he read a statement to the effect that she bad told him that Mr Jones made improper overtures. Cross-examined: Took his action to prevent a Church scandal. The other churchwardens had endeavoured to hush the matter up, and witness for the sake of the church wished to have the matter cleared up. At the time was perfectly friendly with Mr Jones, and it was in his interest that witness spoke to him about the affair. Witness detailed the facts of the occurrence aB told bun by Mr Jones on that occasion, which agreed completely with what the plaintiff detailed in his examination in chief. Witness also stated that tbe girl and her mother bad called on him on a subsequent date and that defendant on that date corroborated her statement on the previous date. Be* ferriog to defendant's conversation with the girl Voss, witness said that defend* ant had said that on telling Miss Voss of the occurrence, she (Miss Voss) had said that she was not surprised from what she bad heard of Mr Jones and had advised her to try and obtain money in satisfaction of the matter- Defendant had replied that she did not wish to obtain money, but wished to chow Mr Joneß up. The evidence of the last witness closed the case for plaintiff. Mr Fitzherbert for the defence. William Hunter, of Awahuri, who said the defendant had been in his employ and during that time bad been a modest girl. Mr Skerrett objected to the evidence as not being admissable on the grounds that evidence of character was irrelevant. Mr Fitzherbert said he was calling evidence of good character, bus His Honor ruled that it was not admissable. Catherine Robinson, mother of the defendant, remembered her daughter coming horns from Ml* Jones' on the Monday, and on Tuesday had gone to Mr Reade about the matter. Witness also detailed the conversation which Mr Jones had with witness and her daughter on the road, when they met Mr Jones returning from their house where he had gone to see why the defendant had gone home. Had gone to a solicitor because the matter was being talked about, and she had to protect her daughter's character. Cross. examined by Mr Skerrett — Had a great respect for Mrs Jones. Her daughter bad spoken kindly of Mrs Jones, and she was afraid if she complained to Mrs Jones of her husband it would break Mrs Jones' heart. Went to Mr Reade to get his advice. In* structed him to write to Mr Jones and obtain an apology. Had not asked for any money. On meeting Mr Jones on the way home he said he had spoken to her daughter about her marriage on Sunday night. Her daughter also said be had made improper proposals, but did not say that he had tried to toucb her in any way. Margaret Evans, the defendant, said she had been 6 weeks at Mr Jones' when the occurrence took place. Wit« ness was reading when Mr Jones came home. After going to his study Mr Jones came to the kitchen with hia surplice and asked that it should be washed. When he came to tbe kitchen he closed the door behind him and asked when Mrs Jones went to bed. Told him and plaintiff then said she had bad a dull day and asked if she felt lonely. He also said he had heard witness was shortly to be married and witness replied that she was not in a hnrry. Plaintiff asked her if she liked the • prospect of beinp married, and she replied that she knew nothing abont it. le also asked if witness and her in* tended husband were a spooney couple. She told him thai she did not think sow He said that he knew they were. Ho said he would like to spoon with witness* himself and liked spooning with anybody. He said he would like to b& married to witness himself. He also made other remarks, and said that it would not matter that; witness was to be married soon and that it would be all right. Witness said ho had insulted her aud told him that she <hd not like him to speak like that, asked her not to mention the matter to atiyouc. Sho would nut promise and walked to her room and barred tbe door. Did not go to bed for some time aud if it had not been so dark and wet would have gone home. Had uo conversation with Mr Jones the following morniug. Did not like to roeu* tiou the matter to Mrs Jones and did ooigo away early on Moaday morning because she waited for her own clothes. Obtaiu-2«J an express aud scut Lor box away, aiu4 vueu Mr aud Mrs Jones came" back wituess wevit away home. Wheu she went to get the express saw Mft3 Yosft

and told her what had happened, and she replied that she was not surprised. She also told her not to be foolish and to show him up. She also mentioned the 120. Witness replied that she did not want any money but would show Mr Jones up. Mr Jones had attempted to put his arm round witness when he asked her not to tell anyone. Had told Mr Reade so. Had not instructed Mr Reade to ask for money. Had intended to take proceadings, but Mr Hunter dissuaded witness. Cross-examined by Mr Skerrett — Liked Mrs Jones and bad not told her because she did not wish to cause bet unpleasantness. He mother had declined to go and see Mrs Jones about the matter and had Mr Jones apologised nothing further would have been said about the matter. This concluded the evidence for the defence.— Standard.