TRESPASSED ALONG THE ROAD OF GUILTY LOVE

NZ Truth, Issue 1183, 2 August 1928, Page 7

TRESPASSED ALONG THE ROAD OF GUILTY LOVE

-..•_■• —»v.' •-.■"■ Myrtle Finds Herself Stranded In Forest of Misfortune and Names r . ■ * - ■ ' ■ ■ • . ■ ■ ' •■■•"■■.'■■.• .■"■■ ■■' ■ Roy Donald As Illicit Companion STOPS CAR UNDER HEDGE AND EXTINGUISHES HEADLIGHTS

LIKE many others before her, little Myrtle Brant, J a Featherston domestic servant, found the path of spurious companionship easy to walk, but the matter of proving who was responsible for her becoming a mother was far more difficult. It required a hearing and a re-hear-ing of her case m the Featherston courthouse, before Magistrate Free' was supplied with sufficient proof that Roy Donald, cousin to well-known footballers m the Wairarapa, was the father of her child and should pay fifteen shillings towards its subsistence, not to mention various sums for incidental expenses, legal fees and witnesses' charges. . Counsel Hugh Biss, who infused some telling thrusts of subtlety into his harassing of witnesses supporting Myrtle's application, asked for leave to appeal and the sum of £15 has been declared as security for the relation of Donald's denial before the Supreme Court. Myrtle engaged the capable assistance of Lawyer Harry Lawson to guide her through the maze ! of affiliation proceedings. fAlthough the shadows of doubt were all too thick for him to penetrate m the original hearing, the second time of Introduced Them asking was more fruitful, the magistrate acceding to his plea for satisfaction. At the rear of the tiny courthousewas a human wedge of farmers, who displayed unwearying interest throughout the narration of the girl's story, told m a subdued voice which became even more hesitant as she spoke of repeated intimacies with Donald, a bx'ight young fellah-about-Featherston. ; In order to sustain continuity, it. would be as well if the original proceedings were first of all narrated, afterwards adding the further particulars adduced m the second. About twelve months ago, it appears, the girl was introduced to young Donald by a man named Jack Burt, and after' they had talked for a while outside a fishshop, he took her home m his car. , A night or so afterwards he rang her on the telephone, and asked her to go out with him that night, and when, a few minutes later, he had called for hei% they drove along the south Featherston road, where intimacy between them took place. She also related a similar happening some ten days later, this time on the side of the Rimutaka road, m the back of the car. Three days before her birthday m August, she accompanied Donald when he drove a mutual friend named Reid^ and a girl named Simpson part of the way home. The car stopped at the back of the recreation ground, and when Reid and the other girl had gone \ their separate ways, Donald steered the car beneath the shelter of a thick hedge, extinguished the headlights, and again misconducted himself.

(From "N.Z. Truth's" Special Representative.)

For a girl to find a partner who will clamber over the fence of responsibility and trespass with her along the road of guilty love, is amazingly simple. Subsequently to prove that such a partnership ever existed is quite a different affair, however, and girls who have permitted these temporary partnerships often find themselves stranded m the wood of misfortune. And the men? They have quickly retraced their steps along the road of everyday life— -and vanished, beyond hope of recognition or apprehension.

Illicit relationships again occurred m September, but for the last time, she says, as thereafter she did not go out with Donald. She affirmed quite positively that he was the father of the child she bore. in April of this year, and asserted that no other man had been intimate with her at any time during 1927. She had a fainting fit on January .10, a circumstance which caused- her to consult Dr. Cowle, of Masterton, who apprised her of the condition she was m. The day following her consultation with the doctor, the girl and a Mrs. Mills wei*e walking along the main street of their home town, when they espied Donald's car drawn up outside the dentist's house, where a party was m progress. „. When they met she told him of her trouble, but he retorted: "Oh, well: It is nothing to do with me-r-you can get on with it." - • • The complainant said that he did not appear at all annoyed. In fact, he was perfectly calm about it. ■ • Subsequently, she asked him what he would do about it, but his reply" was i always the same — nothing, although at one time he Is said to have asked her whether there was someone m Wellington to whom she could go. When she replied m the. negative, he said he', would go away and think it over, but his thoughts v did not materialize into anything concrete, and the action for maintenance of what she considered was his child was the result. At the close of her narrative, Lawyer Hugh Biss rose to his feet and discharged a few barbed insinuations as to her character. He asked: You had been to the recreation ground with this other man, Reid, hadn't you?— No. Never before out with Reid? — No. He has a barber's shop m Featherston, hasn't he? — Yes. J Have you been there?— Yes. Do you remember being alone with him m. the- shop* one night? — Yes, to get a haircut. You were very friendly with him, weren't you? — Oh, yes. In what part of the shop were you? — In the chair m his saloon. »■ In Barber's Shop Weren't you disturbed that night? — Ye 3. Wasn't your coat 1 on the floor? — I don't remember, Mr. Biss. Was there anything else on the floor? — I can't remember. Didn't Reid complain to the person who had' interrupted him, that he had knocked him up?— No. I put it to you, that this was two or three days before August 3?— ' Oh, no. Did anything occur between you and Reid that night?— No!. Are you perfectly certain? — Yes. i Outside any intimate relationships, was there anything else between you? —No. Do you deny having been on the croquet ground with Reid? — Yes. That night you first met Donald, did intimacy take place m the car?— Yes. Didn't you approach him, asking him to help you with money after you knew of your condition? — I told, him I hadn't any money, and that I could not do anything. What Donald virtually said was: "I haven't anything to do with the child, but I will think over the question of lending you some money," wasn't it? — No, money wasn't mentioned (decisive- 1 ly). ... . • . Is this your first child? — Yes (whispered). William Stuart Reid was next called by Counsel Lawson, but beyond a somewhat stereotyped relation of facts, his evidence was not very important. He denied positively the insinuations raised by defending counsel, and well defended his honor that was so much m question, according to the cross-examination of Lawyer Biss. Defending counsel: You know Miss Brant very well, don't you? — Not particularly. You have been out with her, haven't you? — No, never. She has been m your shop? — No more than anyone else. Don't you remember one night when she* was m your shop somebody came m and disturbed you?— I don't know what you mean by "disturbed." No recollection of a night when another Donald came m and disturbed you? — No. , Why were you a passenger m Donald's car? — It. was quite the usual thing for Roy Donald and I to be together at night. Nothing unusual about that. Have you ever been on the recreation ground viith Miss Brant? — ONo, nor with any other girl.

There never has been any close friendship between you and Miss Brant? — No. • Nothing for which you, as a married man, could be objected to? — Nothing (very firmly). Lorna Simpson, the other girl m the car on the first eventful night, was also called, but she gave such an Incoherent account of what she knew that both defending - and ; appellant counsel threw their hands m the air, and gave up any hope of lier shedding, the slightest light upon the circum- , stances. ;:'■■'• Lawyer Biss then . said that In view of the way m which the case had. gone. he did not intend to call the defendant to answer the charges made, as it. ap--peared- that the girl had materially failed to . establish her: case. He quoted somewhat voluminously from various law reports, m support of his contention, and was finally rewarded by the decision being entered m favor of his client. When Father' Time ushered In the I

next sitting of the court, there were ' whisperings that this time Myrtle j would put a big debit sign against her [erstwhile lover's overdue account; sugigestions that her lawyer had something, up his sleeve and would shortly slip it down. The knot of farmers and local feminine busybodies who littere.d the doorways and peered through the crooks of their neighbors' elbows, were not disappointed, either, particularly when Lawyer Biss commenced to light his fireworks with suggestions that Reid knew a good deal more concerning the paternity of Myrtle's child, than did Donald, the defendant. It was clearly shown, however, that Reid was perfectly innocent m the matter. | The girl then declared that the testimony she had given at the previous hearing was true m every particular and*- her counsel elicited some facts which had not been clearly shown m the first instance. * Counsel: You went out with Donald on July 18, didn't you?— Yes. . Where did you go? — At the back of Regan's crossing, , along one of the back streets. ' ' Did intimacy take place? — No. Why?— (Hesitancy, then): Because of my condition.. How long were you with' him? — Only about ten minutes. Cross-examined by defending counsel: When you were m Reid's shop on the night of June 30, was there a con-

siderable amount of knocking, on the shop, door, from someone who wanted' to get-in? — No, there was slight knocking and Mr. Reid simply opened the door. , Now, have you a wristlet watch? — !N6. .- ■ ' ■ Did you ever have one?— No. This reference to a watch did not appear to have any significance until a later stage m the case, when a youth named Burt gave a mumbled account of ! a supposed search by himself and Reid on the croquet ground. 1 Reid, a tall, thin, pallid youth with horn-rimmed : glasses, said he was a hairdresser and tobacconist t in ; F.eatherston. • He considerably amplified the narrative vouchsafed by him at the previous hearing, but, nevertheless, adhered to it right • throughout, despite ' some withering onslaughts upon his character by Lawyer. Biss.' i First of all, he recalled, the ! morning following the night on

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which he, Lorna Simpson, Donald and the girl Brant had travelled together m Donald's car. Donald went into Reid's shop and re- { marked that he had been rather "successful" on the previous night. "Everything has gone, off all right," were the words ascribed to Donald, during his relation of the ' previous night's excursion. His hands and arms were bandaged, arid he seemed rather amused, continued Reid, that he had been intimate with the girl Brant whilst his hands were m that condition. , Lawyer Lawson: Do you . remember the Miniature Rifle Club dance being held last year? — Yes, it was held on July 18. Was Miss Brant m your shop y that night? — Yes,-, she came m for a haircut, and when Donald came m later on for a shave, they both went out together to the dance. When next did you see Donald^ — About half an hour later. Was any remark x passed?— Yes, he said he wasn't wasting any time on Miss Brant. Did you see Donald before the case came to court a few, weeks ago?— Yes. There \ras some rumor going around the town that Mr. Biss was going to blame me for the child. One night Donald came into the shop and my wife asked him whettier there was any truth m the rumor. He said: "No." • One night, it appears, Donald, who was a great friend of Reid's, drove him home, and on the way asked: "Do you

believe these rumors going around about me?" ... To which Reid replied: "There is only one thing to believe." , Counsel: 'How is/it that you came to add to your evidence given last court day? — For one thing,*l did not know I was going to be called as a witness and I only said what was asked of me by yourself and Mr. Biss. What reason have you for adding to the evidence? — Last night I was approached by one of Mr. Bias's witnesses, Jack Burt, who asked me what I was going to say. "He said that if I repeated only what I said on last court day, no other witnesses would be called against me." Lawyer Biss: Now, you realize the oath you took? — Yes. . Do you remember what was said then? — That I was to tell the truth Nothing but the truth?— Yes. And something m between . . . the whole truth? — Yes. . ' Then, why didn't you i give all the evidence last court day? — I told everything asked of me. You realize that if Donald is adjudged the father of this child, that W. S. Reid has nothing mox*e to fear? — I have nothing to fear, anyway. You realize that it would be. a great thing to clear W. S. Reid from these i rumors if Donald were, adjudged the father? — Not at all. Didn't you tell Miss Brant or her solicitor that you didn't know anything about it? — No, I told Miss Brant I didn't want anything to do with the case. ; Because?— Because nothing. The reason why I refused to assist her solicitor m any way was because I had no wish to be mixed up Avith something which didn't concern me. "You 'didn't want to be mixed up with it,' but when you heard the rumor that you were the father of her child you thought you had better come along and clear the name of W. S. Reid!" Witness: "No, I think there has been an injustice done me and I consider I am entitled to give evidence on behalf of the girl." • Counsel: You appear to have a very clear memory of these conversations! — Yes, because it was a usual thing for Donald's "Affairs " Donald to come into my shop and tell me all about his "affairs." . : The reason for your giving this evidence to-day is because . . .? — Because there has been an injustice done me, and to see that Donald is adjudged the father of this child, because I think he is the father! That is for the court to say. You want to be cleared! — I know nothing about it, and none of the decent people around here think so, either. Are you quite so free of this as you would lead the court to believe? — Absolutely. I have no qualms of conscience about this thing at all. Now, you were cross-examined on the specific day you went to the croquet green. Were you ever there? —No. Didn't you go there with a man named Burt (Jack Burt is his name, I believe), to find something? — No. Counsel (to the court orderly): "Call Burt, will you please?" \ There was a ponderous clumping of feet and a young, fair-haired farmer appeared m the doorway of the courtroom. Witness Identified him and then Burt disappeared from sight. Counsel (to Reid) : Now, ' have you ever been m this man's car to the croquet'^ ground m the daytime to look for something you had lost the previous evening? — No, never! I was a member of the club last year and — Counsel (sotto voce) : "You look like it!"When first did you disclose the further evidence you gave to-day? A few' nights ago. I decided to give Mr. Lawson a full statement of what I knew. Surely, you must have realized that if you had given this evidence thirteen days ago, it would have been valuable? —I didn't think about it. My first appearance m court was absolutely unexpected, i Dorothy May Mills, petite and married, said that on the night of January 20, she and, Myrtle Brant were walking up the main street when they saw Roy Donald's car pull'up outside the dentist's house opposite the court. Mrs. Mills went over to the car and asked Donald if he would see Myrtle, to which he replied: "Yes, but not here. I'll see her outside the butcher's round the corner." ' ' ' . ■ j She related to the court how Donald went right round the block, instead of going straight to his destination, and having made a detour by way of the

back streets, he at length pulled up outside the- shop. . She -, did not hear' the conversation which ensued between the pair. Counsel for the defendant reiterated his previous contentions that even with the additional . evidence adduced by the complainant and her counsel, there was no case to .answer, and he dealt at some length with Reid's testimony. v The benoh, however, disagreed, and the first witness to enter the box on behalf of the defence was Jack Lam* bert Burt, a farmer. . Burt said that Reid had asked to drive round to the croquet green one evening — about five o'clock — to look for a wristlet watch a young lady had lost on the evening before. Burt shuffled his feet continuously whilst giving his evidence, causing miniature bursts of thunder as he changed, his stance from one foot to the other. The watch was -found, and after a short conversation between them, during'which Myrtle Brant's, name was mentioned as the girl who lost the watch, the ' two men parted company.. The Magistrate: Is this evidence "admissible, Mr. Biss?^-Yes, sir. It is a direct attack on Reid's eyidence and Miss Brant's evidence^: ; Optical Illusion ? The bench: I mean the statement said to have been made by Reid concerning the. lady?— Oh, no, .sir, that is not. Lawyer" Lawson then raked Burt's defences fore and aft, as he -did with the ' two others called: — Robert Alan Donald and Robert Algar Buick— all three young men-about-Featherston who gave a somewhat incoherent, and, at the same time, contradictory - account of what they knew. " Donald, for example, said that one night he went with Buick:- to the saloon, and although ithey found all the lights on' the frontdoor was locked. They knocked for quite a long while on the door and at last Reid opened it. Donald said that he saw the girl Brant sitting m the barber's chair; Buick said she was not m the .chair, but was m. another room. It might have been an optical illusion, of course, but as. neither Lawyer Lawson nor the magistrate, omitted to observe the obvious inference that the sight of either Buick or Donald had deceived him, their evidence did not occasion much concern. The defendant, Roy Donald, did riot appear to refute the charges made against him. The magistrate delivered a succinct review of all the evidence which had been proffered for his consideration, observing that he had been impressed with' the way m which the girl had related her story. ■ ■* ■ He completely cleared Reid's name of any stigma m connection with the case, and when he had concluded his remarks by deciding m favor of the girl,.she left the court with her friends, quietly dabbing her eyes, as she was congratulated by those who had jammed the courthouse and its immediate precincts. ; ■-._.-