RESIDENT MAGISTRATE'S COURT. Before H. Kenrick, Esq., R.M. Tuesday, May 13, 1884.

Te Aroha News, Volume I, Issue 50, 17 May 1884, Page 2

RESIDENT MAGISTRATE'S COURT. Before H. Kenrick, Esq., R.M. Tuesday, May 13, 1884.

Eliza Roycroft v James Roy croft, charge that by excessive drinking of liqouv defendant misspends and wastes liis estate, and greatly injures his health. No appearance of either party ; struck out. R. R. Hunt v. John Exel, charged with driving a vehicle upon a railway in course of construction at or noir Waihou. Case withdrawn by complainant ; No appearance of defendant. •Same v. saute, charged with making use of threatening an -I abusive Inuguage Case withdrawn by complainant. (Adjourned Case). —Jo! m Buchanan (Trustee in 12. Moore's Estate) v. Eta Mokena, claim £3 17s 3d. Adjourned for one month on application of plaintiff. Expenses 16s lid allowed defendant. Mr J. W. 11. Guilding acted as Interpreter. James Innes v. Thorn' as Hinton, charged with refusing to provide for the support of an illegitimate child, bom at. Morrinsville on the" KHli day of April to Jane Aim Imies, daughter of complainant, of which defendant is the putative father. Jaritf Ann InneS) on being sworn, stated she was 21 years of age. Know defendant Thomas Hinton for about two years. I have a child bom on the 16th of April) a boy '; Thos. Hinton is the father. At the time the intercourse took place I was living at Mrs Allwood's, Te Aroha, as servant. Went to Mrs Allwood's on the 12th or 18ih of July, 1883. Thos. Hinton was living in the house. He first had intercourse uitli me a few days after I went there, never before. I have not spoken to him since the child was born, or seen him, nor asked him to support it. The ehi'd was born at M.orriiibville. . I left Mrs Allwood's about a month before the child was born. I never had any conversation with Hinton about my being with child. Never told defendant the child was Ins, or that I was with child by him. After July 1883, defendant had no intercourse with me. Nobody but in ton had intercourse with me, and he only in July, not afterwards. Examined by Mr Cuff : I know a man named Thos. Thompson. Am aware he is subpoenaed as a witness. 1 have had another child, not by Hiuton. I went to Allwood's in July to take the place of my sister Maggie for a fortnight whilst she was away on a holiday. The intercourse took place in my bed-, room about one o'clock in the morning., Little Jim'tny All wood nsed to sleep jsithme., -I wa<3'afc AH.Wf od's a Fortnight nl.to^'ther^an'd^tfiiijnteri'onrse tooV-f^nce, iK"dlboqt\fj>nr v o^ 'jafter ;I arrived there,, ,'He oame

into ; my rtom without saving, anything, | to, me previously, I ))u\ not cry gut, or' make any alarm. I j did, not struggle. He surprised me. I wasnot willing tot; him to thus act. I never said anything about it to him next day, or afterwards, i [ left Allwood's at the end of the fortnight, but returned again some months afterwards to take my sister's place, who left to get married ; I was ihere the second time for about six weeks. I was then heavy in the family way. No one ever spoke to me about it nor I to them. I did not speak to my mother about it until after I returned from Allwood's the second time, when my mother spoke to me about it. My mother did not speak to me about it before went there, though I was then shewing that I was in the family way. Had no quarrel with Mrs Allwood. Know a person named Dan Gainey. He used to come and see inc. I was goin^ to be married to him, but am not now. I never told anyone this child was Dan's. I was engaged to be married to ban before I went to Allwood's the first time. Don { t recollect being caught in the fern with him. I used to walk out with him. We used to sit down when out together. I never said the child was his, ami he never sai 1 anything to me about it. I had a candle burning in my room when Hinton came in. Was not gone to bed. Hinton was acting as barman in the house. He had a conversation with me. The house was not shut up, but was just about closing. Jane Innes, sworn, stated : I am the I mother of Jane Ann Innes. The child was born on April 16. She told me Thos. Hinton was the father of thechild. I first questioned her as to her condition when she was about a month gone after she first returned from Allwood's last August, I discovered she was with child, and she then told me Hinton was its father. Nothing was done about it until about a month before thechild was born, when my husband wrote to Hinton This was the first communication made to him on the subject. When I first suspected my daughter was with child I put the question to her a second time, asking her what she had said about it, and she told me, " Nothing." She had not told Hinton she was with child. I never told anyone, not even my husband till about a month before the birth of the child. It was noticeable that my daughter was in the family way before she went to Allwood's the second time, but her father said nothing about it. Cross-examined by Mr Cuff ; I know a man named Thomas Thompson. He was at my house lately. He came into the back room adjacent to the Court just now, and I asked him what he had got to say in this case or against the uirl's character, and he said, " Nothing whatever/ I am quite sure my daughter told me Hinton was the father of the child when she first returned from Allwood's. She has had a child before. My daughter told me Hinton went into her room at night, caught hold of her, and threw her down on her bed. I was not aware that she was engaged to be married to a man named Gainey, he used often come to see us. My daughter never told me he was the father of her child. I never told my other daughter Mrs Gordon that Gainey was the father of the child. Mrs Gordon told me that Hinton was the father of it. I let her return to Allwood's because the harm was done then. Thos. Hinton, sworn, stated : Have heard what has been said about what took place in this matter. It is not true what the girl says about my going into her room. I never had intercourse with tne i>irl at any time. I have been in the girl's room at night becau&e my sister's little boy slept there and I had occasionally to carry him in. I don't think the girl was ever in the room when I carried him in, I went away to the Thames the morning after she arrived at the hotel, and Was away for about a week. I went away about the 12th of July and returned on the 19th. I swear positively I never ;*t any time had intercourse with the girl, and I heard nothing whatever about the affair until a short time ago. She never spoke to trie at all about the matter. Her father first spoke to me on the subject about a month before I was summoned. I told the father the girl had no claim on me in any wa^> and I would go prison before I would pay anything. Her father said I was quite right it' the child was not mine, and said he was surprised to hear I was charged with being its father. The girl's father told me that Dan had "shouted" a bottle of brandy on the strength of the birth of the child. I never received a letter from Innes. The girl's father told me he did not believe I was the fathei of the child, and that if 1 was I would not lefuse to support it. Case dismissed with costs. The Magistrate stating there was no evidence whatever produced whereby the paternity of (he child could be fastened upon defendant, and that there was not a tittle of evidence to support the girl's statement. All who heard the case tried must have coincided with the judgment given in this case, as from beginning to end the girl's statement was most improbable, and without satisfactory corroboration as is apparent from the evidence. The result was greeted with applause by those in Court, which was immediately suppressed.

Civil Oases. William Wilson v.' Alfred jg^ijhley, , judgment summons, £3 Bs* 9d?f ' lu> appearance. Defendant -oHerecl-topay-airtount' cl a i mo- 1 /with costs, ssf|(vithin' T 14 days, or iir default l4?dayS'~impnßunr~ ment. , /" _"V ( . \i .v;-' \ r - ~*\i" :^

-, Thomas ' Jtowe ; \v. -.-Pohnis; rMarpli^,; claim -£32 $8

rfendarifr f i;esii|cs^a't| eßicli^sn<J. « H^til jifentfor.aindfun^ claiin^l :^sV price v'ofr # :pHir-of ;l)6o|s| supplied. Judgmentfor amount claimed, : \vitlrcosts-7s. ' ~ ' , , t, • E< Graham and Co. v. Dennis Murphy, claim £25 3-9 6'd, debt For goods.- Defendant is a contractor, residing at Biohtnond. Adjourned at request of plniiitill by consent till next Court day., J. F. Cocks v. E. ttaue, claim £3 15s 6d, balance of account for goods supplied. John Frederick Cocks, sworn.: Stated that he sent in the account to defendant's wife, who had been in the habit of getting goods and paying for them. She refused to pay for these goods, but said her husband would do so. I left a bill of particulars with her. Defendant promised to pay me when he could. Mrs Baue said she would pay tor what she got for herself and children, but not for what was for his use. ; she was earning money tor herself. Mrs iiane had several credits for money paid and work done j she used to work for mo. Edward Rave, sworn : The bill was given to me by my wife. The £3 10s shewn thereon was paid by Mrs Rave. When I got this summons 1 took the bill off the file, and my wife then told me there was only 13s 4d owing. Mr Cocks first spoke to me about this bill in August last year, on which occasion he said he would take £2 am' cry quits ; I then told him I was not aware £3 15s 6d was due. He shewed me his books, but could not find any items. When lie offered to take £2 and cry quits I told him I did not consider I was entitled to pay him £2, but as there was a debt of £1 4s standing to my credit with Baskivill, I would give Cocks an order for that amount to save further trouble. The bill Cocks is now suing for was settled in 1882. At this stage of the proceedings the case was adjourned till next Court day at request of plaintiff, in order that Mrs Rane might be produced to give evidence. Montague and Orr v. Booth and Robinson, claim £8 2s 3d, for carting done for defendants. Amount paid into Court, John Buchanan (trustee of E. Moorea estate) v. W. Boyer, claim £5, debt for goods. Adjourned for 14 days on application of plaintiff ; W. Wilson v. Gregory Goiss, claim £3 iL2s 2d, debt for goods. Judgment on confession ; to be paid in instalments of £1 each, first payment to be on June 13tfn^~' ~f James La^ery v. George Given, claim 19s, for freight. Adjourned on the application of defendant until nexi Court day.