PHONE MESSAGE THAT SHOCKED MOTHER Poor Chance

NZ Truth, Issue 1197, 8 November 1928, Page 8

PHONE MESSAGE THAT SHOCKED MOTHER

Poor Chance

SWORE IT WAS INNOCENT AFFAIR

NINETEEN- YEAR- OLD Sybil Brown did not let the matter rest at her dismissal from the porter's room — or was it her mother, seeing an oppor? tuhity of obtaining money from Sybil's late employer, even at the sacrifice of her daughter's character, who was responsible for a claim for damages because of what she had been told of -the incident?

"Sybil has been found m bed. With the porter," were the words Mrs. Brown alleged had been used by, Gertrude Anderson, sister of the licensee of the hotel, when the incident was discussed between them. .

Therefore, the girl claimed £60 from her late employer, because of the harm she alleged had been caused by the words. '",

Both the girl and the porter, Alfred George Row, said that what had taken place m the room of a cottage adjoining the hotel had been perfectly harmless, but, although defendant did not claim ' that there had been improper conduct between the young couple.sho alleged that they had been m a compromising position on the bed. I Row and Sybil sat with the girl's mother at the rear of the court . until, on the application of Lawyer N. Johnson, witnesses were ordered out. The girl then remained at the back, of the court, m the gallery. Eva Myrtle Brown, plaintiff's mother, a woman of ample proportions, entered the witness-box and. stared hard lirouhd the court. She glared at defendant's counsel and then allowed her gaze to ; rest on Lawyer MoPherson, who re- .

Demanded Apology

presented her daughter, continuing to fix him with her eyes while she answered his questions.

She frequently wandered from the point .of the queries put to her and counsel had repeatedly to remind her to i v eply only to -what was asked. Her daughter, who had previously been a permanent employee at the Morrinsvllle Hotel, was a casual hand at the time of the trouble, she said, and worked under, defendant, who was m Charge ot the female servants. She well- remembered the night referred to by defendant m her allegation, for her daughter had been lending a hand at /a dinner given t>y.' the Witf:kato Hunt Club at the hotel. .',.', "I rahg the hot^l'that night to. see. if. Row would; bring Sybil ' hoipe," /vVitoess continued, adding that the girl had illtimatfely .co'm.e home with the -porter, v,. Counsel: They.- then had a d^spusslori. as to what had- 'happened m the ho;u,se adjoining the hotel?— Yes. \ :' "What did your daughter say to you?" ...-.-. ...."■■

. That what Sybil had told her mother was not evidence was the, ruling .of Magistrate .Platts,. so counsel did riot continue on that line.

.Well, then, Mrs. Brown, you ,had a fijrther conversation with Miss Anderr son? — Vies, I asked her if she coulfl send Sybil's pay. down, as I did not like Sybil going to -the hotel, because there wa« a mftn mimed Reynold^ there. She went on to give an account of what led up to the statement she daid Miss Anderson had . made concerning Sybil and the, porter, stating that she had made it when she (M_r,s. Brown) tpld her that Sybil was being underpaid and that she intended to "see the union about it." .'.:'.

. ".'Mrs. Brown, Sybil was found m bed with the porter, so now you have it,' she' says." Such was the alleged statement. : „'...' „. [':"% told one of the gfrls to write it down,'' witness continued, "and I cduld npt lmve misunderstood it,, because Miss Anderson speaks so distinctly." Counsel then : produced an envelope, and* holding it out, pbinted to some writing on it, asking; "Did you write that?" The answer was m the affirmative. ,: ' '' ' •

"Furthermorfc," said Mrs. Brown, "I rang Miss /Anderson again directly after she said that— and ! ... got no reply." . Counsel: You wrote to her some days after that, asking for an apology ?•— '■ ■Yes. •. : ■'■ ' ■ ' • "■■■ "■' ; l :

And you got no reply ?-r-No. That was all counsel had. to ask the mother. Laws'er Johnson .crossexamined her, his .first question bearing oh the girl's behavior. ''Have you ever had any occasion to question Sybil's conduct?" he asked. "Well, there was a young man taking

That Sctlad Bowl

Sybil, out, but I "'did not like' him taking! her, to the pictures, as it left it so late if of them to get home." Counsel: While Sybil was at the! hotel, you were, grateful for Miss An'der^bn's, considerate treatriient of the girl, weren't you?— l don't think she, was considerate. V ■ ■'.'.'■■■ Didn't you; ;o|> one occasion, to show how you appreciated' hpr. consideration, give Miss : Anderson a, salad bowl?— •Well, Sybil grave it/ : ' . Now, didn't you give: it/ Mrs. Brown? -No, Sybil did. :. ■ I .;V. V /. . ■ Defendant, Map sat by her counsel, broke m on the ci-oss-examination at this point. "It was froln the mother," she said. - .;••' '-, ■-■'■'■'.;•' ' "•' •.' „ ■ ': \ ■ Cbuhsel continued -to question the mother on her bf the girl's conduct, asking; her If she knew if Sybil, had gone, for joy-rides at night, but she emphatically, denied, this. "Did you, on any occasion, ring up Miss Anderson and ask if_ Sybil went out In cars at night?" the lawyer ask^d.

,"Sybil was never out 'm, cars, at nights!" was the indignant. reply. . ; --■ Counsel: How do you khpw?-T-Sybil has told me. Vv- : v

You have never had occasion to' ring. Mits Aridersbn about Sybil coming m at 3 a.m.?— Oh f dear no!

Counsel led the mother to the' nlght x on which Sybil had been found m the porter's room and, asked if the incident had been discussed ■"• between witness and her daughter. ... v

In reply, >the motliGr admitted that she and Sybil had talked over the matter." ■.•■:::•■:■•■;'•' , . ■' "/.■.; " ..-:, •' ■..-. :

"What reason had you to discuss- the matter with your daughter.?" she was asked. .-. ,-.'■'■''; '• , ' ■• ■ ■■.■. .'■ "y

„ "Well, Row said that Miss Anderson would complain, because she had seen the two of them m the room." ;

Counsel: Why didn't you let Sybil go back to the hotel for her Wages during the day?— Well, this Mr. Reynolds wab tftere. •

Counsel changed his tactics : ""Wasn't Mr. Reynolds implicated m some' case

When Publican's Sister Peeped Into Ported Did She See Pantry

HOTEL MANAGERESS ENTERS WITHOUT KNOCKING

(From "N.Z. Truth's" Special Representative.) What l did the manageress of the Morrinsville Hotel see when she unexpectedly opened the door of the X porter's room arid entered without knocking ? y Was there a scramble as the little domestic struggled to free herself from the folds of a rug on the bed ? Or did she inquiringly look "P from the perusal of some photographswhich the i porter wcis showing her P. There is a wide gap between the story of the woman and that of the girl. But whatever it Was that was seen by the manageress, the girl was told to put on her hat and go home. Porter, pantrymaid, publican and the wife' of the local painter share the honors m the telling of this piquant story which excited the interest of the sleepy little town of Morrinsville last week, and, with such a representative caste, it is no wonder that a fair number of townspeople attended the local courthouse, where the tale was unfolded.

of assault with y'bur husband ?"-^-"Yes." The words, Which, according to witness, .were used by defendant on the telephone, were read over tfy counsel.

. "Was . th6r.e ..nothing, else ., said? Haven't 1 you left, something out?" he auked. — "No." . • -

She just 'blurted that out, then 7^ Yes.- ••;.■ ■■■■-, "••■■-■' . .- •

'Have , you , reported the matter of wages ';;to:': the union?'— Yes. And she has 'received back' pay, too!

I suppose th.c girl hands the money on to 1 you; 'doesn't she?— Yes.' Bef bte allpwirig . Mrs. Brown to leave the box, counsel, again todk her mind back to'the. cqiiyersation over the tele-uh'prie:-t :■■■-. • ■.'•':"}■'.''■.'.'•'. "■•■'"■'• •' . ■-.'(■ ';■?]*■.. . ■■ ''When you s had this conversation^ why I ' didn't you say to .Miss AndersonY /She Aya'sn't- m; bed /with the porter, btit jujjit ; looking at photos 1 "? . '.■.'."■■ .::'. ■ "Well.-vsTie didn't give' me time. I rang again; -but ;got no reply." ;

Counsel: ' You: had it out with Row at 'the 'time, • I;' suppose ? He is : sweet on your • daughter, isn't he? — Well, I don't know. ' .-

"You thought that 'this- matter should be.ventilated, although, as far as you knew, Miss .Ariderson-i did not say it to anyone else?" |;/ . ', . •..-.. ■ : There was-'no-janswer tp this ques* tion''and counsel discontinued his crossr examination;, ■■{:'!'.■ " L ' t ■.''■'-:■ ■.' ■ ■' ■..-..

liawyfer McPhersbn had. a question td ask "on a point bx-oUght .out by oppdsin^jCQiinseK ■'■■"" • ••■ ;' '/.. ";■ . :.. > ;:>''Have.. you had any 6bmplaints pbout Sybil ;.going put : m cars .and • ! keeping late hours?.'' he inqiiired. :

■ *:'Nj6," was v the reply;- "Miss Ahder-!Ko|r.-?nlide inquiries and told itteHhat Sybil" never kept. late hours?' ;•.•;.' 'fr' ' '" ; a small girl with a ! rather^ pretty -face and pale compiexipn, was thghi.cp.lled. She looked less than her years, and was only head and shoqlderq higher, than the rail of the witnessbox.; ' \ . '••'.■' - .• ..-...'• ■■■

She -wpre ' a^blue coat and. her small face 'looked out from, the narfjSw brim of-aitigh-t-fltting'-blue hat; / '•

I Sent Sybil Home

; Although ,she seemed only a chijd, this girl, who claimed that she- had suffered great pain and., anguish of mind by the statement she alleged had been made' about her*, had a, mttrinersin the box that' was by no means commqn to one of her tender years. Her evidence was give.ri clearly. '■ • ... She remembered the iiight on which she was found by defendant m Row's room,. she said, m reply to counsel. How late were you employed tha.t evening? — It ' was somewhere about 8.25 p.m. when I left the kitchen. She then told her story with littlft prompting, giving an account of her movements, from the time she went to the cottage until she., left for home.

"I went' over to my room m the cottage to get my coat arid hat . . .

and. Mr. Row said he would show me some photos. He was showing them to me when Miss Anderson came into the room and sent me home," declared witness. . Lawyer Johnson: Miss Anderson has generally been quite kind to you, hasn't she? — Yes.

You once gave her a efalad bowl to show your appreciation of her kindness?— Yes. ;.'•;.

The pieseht was given by you and yoiv mother? — Yes. . Miss Anderson has been motherly to you,?— Oh, I wouldn't say that! Well, whatever happened on the night you were m the room, it was sufficiently important for you to think that Miss Anderson would tell your mother?— Yes.

"Well, if lit was a perfectly innocent affair, looking at photographs m, the porter's room, why did you think Miss Anderson would take exception to It?" The girl did not answer. . She looked straight before her: and gave no sign that she had heard the question.

Counsel:, What prompted you to tell your mother? — She (Miss Anderson) did not like me being m the room. . .

"Why should she do that?" asked counsel, but again the girl was dumb. i'he silence Svas broken by counsel. "Was there anything improper m it?" he asked.

This time there was no delay m the reply. "No I" came the definite answer. Of ■ course, you denied the , '•statement

[Published by arrangement}

that you were found m bed with the porter? And Row denied it, too?— Yes, because it was not true.

Have you, on any previous occasion, left your hat or coat, i . . or apy of your clothes .„ . .m the porter's roon^-^No. You know Miss Felgate, don't you?— Yes.' •,.•'•..- ' •

Well, if she is prepared to say that you 'have, been m the' porter's room on niariy occasions, qnd that you have changed your dress there somitimes, what would. you say? — It is a lie!

On how many occasions have yeu been m. Row's room?— Well, only two, as far as I know. ■ He. was your sweetheart, wasn't Tie? — No. -.=.; ;■.. ■-.-.■•v .' s ' ■■"■', '• .

Well, you were keeping company? — Yes.

The -girl could not be shaken by further statements on the part of counsel ag to what witnesses Were prepared to say against her. She did not change her attitude m the box, but kept her face turned towards Lawyer Johnson as he plied her with questions. ~

ij- Her answers continued to ' come 'steadily and when she said that the witnesses' statements against her would be lies, her voice did not shake. On the other hand, her answers on these occasions were, it anything, louder. .

"Miss Anderson is going to say that when she came into the room

the door was locked-and the two of you were rolled up yi a rug on the bed,", saicj counsel. i "That is a lie," replied the girl. "Which part of it is a lie?" asked counsel, quickly. ' "Were you on the bed? . . . I*V*as the door locked? . . Was, the rug there?"— " No!"' came the definite answer. ■ "Were your reet off the floor?" questioned counsel, but again the answei was a decided negative. When Miss 'Anderson came into. the room, she asked for an explanation, didn't she?— Yes. Row replied: "Well, I go with Sybil," didn't he? — I didn't hear him.

Did you hear Miss Anderson say that your mother would: object?— No.

Did you hear him say that "Mrs. Brown trusted him"?— No. Miss Anderson sent you straight home when she found you m the room, didn't she?— Yes.

Why didn't you go for your wages that night? — It was too late. Did you go at any time ior your wages? — Not for that night's pay. Why didn't you?— l didn't like to.

But Miss Anderson had not made this statement then, so why didn't you like to go?— I was going to leave it till another day when I was going there. ■ , When your mother was talking to Miss Anderson on the 'phone about your wages, did you hear her say: "But Sybil was working so late"?--Yes. . . •'■ ■■''.'.

Did you hear your mother ask if

there was any reason besides work to keep you late? — No. Why did you .leave Miss Anderson's employ?— Because; the job was getting too hard for me. . .

Can you give any reason why Miss Anderson should make this Statement about you?— No answer. -

"Oh, well, we'll just leave it, then," said counsel, and he went on to asK if she were associated with a man who had been charged with assaulting her father. ■ . . ' ■ ' ■ "Yes, he was .at the hotel when I was there," the girl replied. Counsel: Wasn't it because of the late nights you were keeping that you became ill and had to see a doctor?— l didn't Want to see the doctor. ; : '-■'•■ ■ '-. ' • 0 ■ Didn't , he advise you to cut out late nights?— Y6s. . .

Alfred 'Gebrge. Row gave his occupation as that of billiard marker. He had been employed asi ; porter at the Morrinsvllle Hdtiel during the time the grirl had bfe'dn worKing tberevcfiLßUally. Lawyer McPnerson: On the night jf the Hunt Club- dinner, you were engaged until, a late hour at the hotel ?— Yes, until about 8:25 p.m.

You and Syhir knocked off work about the same "time?— Yes. "We %valked _, over tb the cottage," witness continued., "i walked into nay room and Sybil went into her room. "I had been m my room for. a \vhile when I saw Sybil going out. I called out: 'You might like to have a look at these snaps.' The door was open and the lights were on.

"We just sat down on the bed and -J, sho\Ve.d,.her , jhe photos. - .. "We had ;. only . been there a few minutes when Miss Anderson came m. She went 'crook' and said- that Mrs! Brown , was ringing tip to sfee •where Sybil "was.; I answered: .'Jfs. all r^ght; . we are vgtiing now.' • - ' ;.''*' V. ••..-

"She sa.|d that I should Vnofc'^ take Sybil intQ;any room and I replied:' .^tt's quite ail- right, "as far as that gbeS; 1 Mrs. Brfiwri' trusts me.". '.*■- ■■■• ; . j .

JSHRSJDFH

Ihimediately after this conversation i witness and the girl Valked 'home." Row said that wH'en v he heard what had been said about the girl being found m bed with him, he asked. Miss Anderson why she had made the statement. She , had replied: "You know it is true."

"I told her that it was a lie and she said that she was driven to it by Mrs. Brown always ri ( n^ing up."

In reply to Lawyer McFherson, Row said that he had left the empl6y of the Andersons a few weeks after this incident. ' '.'.'. .'

' "Y6u were eventually discharged, weren't you, Row?" asked Lawyer Johnson.-^-"Yes.'* ' :

And do you remember saying to Miss Anderson when you left that you would "fix her"? , Row did not answer for a moment, then admitted that he had made the threat. .. . . ' ■ ,'' ■

Counsel: Now, when you challenged Miss Anderson with making, the statement, you said that she was mean. Why didn't you call her a liar? — I didn't like to say that, but I said it was a He.

You thought sufficient of what happened m the room to get m first and tell Mrs. Brown? — Yes.

How many tithes has Sybil left her things m your room? — None, as far as I know. ' . '

Well, Miss Felgate is going to say that she has been m your" room of ten.-r-That is a lie. ; She is also going to say that Sybil ; has changed her dress m your room.— That is a lie. *-■ ■ ':■•', Have/you discussed this case with Mr. Brown?— Not much. I What was the question you were discussing with Mr. Brown m the passage of the court ?^-I don't remember him saying anything. Didn't he say to you: "If he asks you that, say 'No* "•?— Nob as t&v as I remember. It would be untr.ue, said RoWMfMiss Anderson stated that when she found witness and the girl m the room, they were on the bed and had difficulty m unravelling themselves from the rug. I He had not said: "Well, we were not uhclressed!" when he was accused of being on the bed with Sybil. Yes, he had come from Cam-

rOUNSEL: You'ye got a legacy, ** haven't you? ■■' . .. Defendant (smiling) : Yes, £2 55.--Anel I haven't got it yet; S.M. Hunt: vYou're not likely to if you've got a solioitor collecting it for you. ,

bridge to Morrinsville, he admitted, but he did not have-^'a young lady" at Cambridge.* . : „ Counsel: "Well,' you had ; a bit of fluff, then? Do you remember telling Mr. Anderson when you went to work for him that if a certain lady rang you, he was to say you were out?" "I don't . see, what, that has to, do with the case," said Row, admitting that he. had" made the .statement. Yes, he'" further admitted, he may have told Miss Anderson that it was his room and that he. would So as he liked m it. She had warned nim not to take women into the room. : This concluded plaintiff's case and Lawyer McPherson asked for > an adjournment to discuss a settlement, with counsel for-the defence. • .:■'..;■, A non-suit point was raised by defendant's counsel when the court resumed, his application 6a the ground that no evidence had ;Vbeen brought by the plaintiff to prove malice, was not allowjed. " xJ ' -.:.-.■ ; "I certainly ' should like to' shorten the proceedings, but! cannot ajlpw the riori-suit, point," said the'S.M; *■'"'. '■; "The defence will be one of jus». , tification," said Lawyer Johnson. ■

A new light was thrown on Sybil's conduct by defendant, for, according to hfer, Mrs. Brown had frequently complained, about .the girl havings men m her room. . /, ' • , • r

"When Sybil first canje to the ljoteC she wanted a single room for herself, but as she was so young/ 1 put tier m a. room with an elderly: w'oman. Sybil was very sulky after that."; „ . .-.-, - ;."

■'.'.>■- • ■. . ' .- ■•■>■■ ■ ■-. Her Flushed Face

There was a alight gasp from the mother of the girl at the rear of the court, when defendant stated that one afternoon when she went to the porter's room to look for Sybil, the girl came running out of the cottage; with lief; hair dishevelled and her face flushed.; "They had evidently heard : my '•'■toot-'. steps," added witness. ■'•."■>■■ '. 7 The door was shut when* she werit' to the porter's room to 'look- for Sybil i on the night of the Hunt Club dinner.: Counsel: Did you knock?— No, I Went m and found them - wrapped up "m" a ; rug on the bed.. It took • them some time to disentangle '"themselves. "What, is the meaning pf this?" witness asked Row. The porter, replied: that it was quite^all. right, as.;he was going., with SybiC ,, adding .Brow^.tr.uste4','him.».^/:^ J ::-$" < ..« : ;'i' l'.-..V'-4----- --' CoUnsei: 'Did .=you\ tell-' M*a, Browii about this?— No, I didn't want to be mixed- up m- it. * '; : ■ Did Sybil come back for her money?. — : Qh, h0... She was. ashamed to. *■ J;MWiien' Mrs. 'Brown askjed- me why iS'ybil w.&sricept: so late, j|toW(f^er; that she: had.; been m bed wiffi^ltttg^pbrter, 1 ' said -Miss' Anderson. /!*^ : .. gaiter:. tha,t afternoon!; aioij;i>;{£ciid her tp&tl ehe,V ;..was,^."meah^f^^gi"Ji^ the . iStMe^ent;to!i!^ s ;Bro^^^ : r^^^ . ; '^Vp,bw7w^WSyhVti^'w,i^h^ s fagb/;:I^^ i ;said ' 'that the^^girl hi^/noUb^e^^ibpli^with ;h'_imV ; - And; •- ''ariy%ay)l ; it Ay^s'^is 'own room anct : he ediild 'db^i&ftvjj.e-i'iiked in^iu* : ';■','^ : t"; ■;;. ;'" ."^Aflyen he came !:^.^h^hp|el, ■ i told •■".hirh / that he wasvijb^o^fiave' anything to, do VvJt^ ,Sybn : ;on ; '4he pretniises. He couid;J'dq .:' what : he Ijked when he was away," Miss An- ; derson continued; ' / '■".^\. V "I will fix you!" were the words Row used when ho was . dismissed, 'she alleged; .-.■'■ '.■■'.•■ ■'■.■'• .'■" -':- ; ' ■" ' : : . CouriseJ:-. Had you ' any 1 V wish to blacken the girl's > *hara6ter?— None whatever. ■ . v ; ■ ( Yes, she would deny the statements of : plaintiffs witnesses, Miss Anderson told tawyer McPherson. ''■■'■"'. 'M

."It's a lie about the photos, because them are none to be seen m .the room," she said. ■

- Counsel: They were not actually m bed?— Well, I don't, know if they were between the sheets. It took them a long time to get up. - ' You don't suggest impropriety?— No.

And yet, you tell Mrs. Brown' that Sybil was m bed with the -porter! I suggest that this statement 7 must necessarily indicate impropriety?— That depends on the state of "Mrs. Brown's mind! r Thomas Anderson, licensee of the hotel, said that he told Row he had no right to have the girl m his room, with which the porter agreed. ... Row had .said, when he came to the hotel from Cambridge, that he did not

To Sait Himself

want, to ..speak if "a lady" telephoned him; as- "I have had, all I want and have finished." • : : i Lawyer Mclfhersdn: When did you j.disttiiss Royv.T^Abbut a month ago. j. You kept him for some time after it had been reported that he had been; tduhd m bed .with another member of the staff?— yes, to suit my purpose. Lawyer Johnson: Miss Anderson wanted to ' sack the porter straight away, didn't she? — Yes.. Louise Felgate, a domestic employed at the- hotel arid the woman with whom Sybil had shared a room, then gave ' evidence. • \ * Sybil used to go to dances ' and keep^ late hours,, said Louise. Counsel: Have you seen her m Row's room? — I know she used to rest m his room. . . .; She> had of ten heard Sybil' aiid^Rbp talking. in the porter's room, but. further evidence as to her knowledge vof.tlie: girl changing l \ e * dress there was ruled out, as she had not seen Sybil m the room. ' , , There was no further testimony. Counsel for plaintiff suggested that the statement concerning the girl having been found m bed with the porter was untrue, becauso defendant had seen; nothing of a • nature to suggest impropriety, yet her statement must have implied that there was impropriety. \\- Lawyer Johnson: "There is "ho evidence to show that Mrs.. Brown, took that meaning." • : "Miss Anderson made the statement over the 'phcme to the girl's mother and to no one. else ;. .. . and I am satisfied that she did it from a sense of duty," said the S.M. He was satisfied that the court oould find, if it were put to it, that it was a case of qualified privilege, as defendant was acting m a sense of private'duty. "I must say that the court prefer^ the evidence of- defendant," the bench concluded, giving Judgment for. d«« fendant, . ;•