ALLEGED DESERTION

Gisborne Times, Volume XVII, Issue 1374, 8 February 1905, Page 2

ALLEGED DESERTION

The case of Mary E. Smith v. Abbotsford Smith, for alleged desertion, was continued at the Magistrate’s Court yesterdoy, before Mr W. A. Barton, S.M. TVTV Finn opened for the defence. Ho admitted there wore a number of circumstances which required explanation, but he would show that defendant was in bad health. The evidence would show that defendant had no intention of leaving his wife and family. Dr Schumacher stated that defendant was suffering from incipient phthisis last August. Witness advised a change. Defendant did not appear to be in a position to make a change of locality. A month later witness found that defendant was improving, this being probably due to bettor weather setting in. Defendant was much better on January 31st. By Mr Dysnar: The disease had not been of long standing. George P. Smith, of Hawke’s Bay, j brother of defendant, stated that it had been arranged between detendant and himself that they should go to Botorua together. He left for Gisborne on receipt I of a telegram informing him of his I brother’s arrest.

John Henry O’Donnell, Receiver of Dand Revenue, stated he had a Crown lease of the 400 acres in his possession till January 31st, when he delivered it to Abbotsford Smith. Arthur Bachelor, contractor, Btated that he entered into a contract to out timber and bnild a house for defendant.

F. ClaytoD, storekeeper at To Karaka, stated be bad supplied complainant and family as required with groceries. j ,W. A. O’Meara, merchant, Gisborne, stated that on December 15th last he had supplied defendant with groceries and stores amounting to £l9 8s Bd. Witness understood from defendant that his son was in charge, and that anything ordered by him defendant would pay for. G. J. A. Johnstone, Clerk of the Court, gave evidence as to the previous case between the parties, which was dismissed. A copy of the judgment in that case was put in. Henry Beavis (cook), Sergeant McKenzie, and A. W. Adair (stock olerk for Messrs Williams and Kettle) also gave evidence. The case was then adjourned until the J 20th instant, bail being allowed in £2OO, ' V»Uh one surety of £2OO.