SINGULAR CASE.

Te Aroha News, Volume VII, Issue 477, 4 June 1890, Page 4

SINGULAR CASE.

NATIVE SUED FOR MAINTENANCE. THE DEFENDANT A MAORI FOOTBALLER. Alfred Patchett Warbrick appeared before Dr. Giles, R.M., this morning in answer toasummons for not having complied with the order of the magistrate to support his wife and children. Mr Cooper appeared for Mr Warbrick, and said that the order as a matter of fact was not law as far as the native races were concerned. He did not wish to argue this point now, as the discussion might prove a lengthy one. Mr Warbrick had come from a long distance to give evidence, and if the magistrate was willing they would take his evidence now and adjourn the discussion of the technical points to a later date. His Worship decided on this course. Alfied Warbrick, on being sworn, said that his father had been a European and his mother a Maori He had a Maori name, Paitigi, and that he belonged to the Arawa bribe. He went Home with the Maori footballers and returned in August last. While he was in England his partner had had instructions bo pay his wife money, bub he had only given her £5. Since his return from England business had not been flourishing. He had only made about £75 during the seven months that he had been at work since his return. He had not seen his wife for some years before he saw her in Court to-day. He was living with a Maori woman, with whom he had lived before he went home to England. He was a shipbuilder by trade, and could get no work in Auckland. He had had to sell his boat —part of his plant—to get down to answer the summons. Prior to going to England, he had always sent his wife what money he could afford, bub since his return he bad not been able to send anything. He hac built a rough hall at Rotorua, but was paid nothing for it. He did it in his spare time. He had never told a tourist named Strathern that he was making £4OO a year. In fact, he had never spoken to him on the subject, of income. It was true that he had visited Auckland in the Jubilee time, butoii thatoccasionhis expenses were paid by some young tourists who wanted some ono to go about with them in town. He had tried to get work in Auckland, but fuiled. Both he and the young woman who lived with him and passed for his wife amongst the natives had land of their own, but being native land they could not sell it or do what they liked with it. He had, he said, never owned racehorses. He had one or two nags for business purposes, and one, he admitted with a flickering smile, “could gallop » bit.” It had, however, never been trained as a racehorse, and was only entered at little meetings at Rotorua “ just for fun.” It had won a small race in March, but there was nothing in ii. Questioned as to whether he could do house-carpentering Mr Warbrick said, “ No.” Mr Strathern was then called. He had, he stated, gone up to Rotorua on the 28th ot October, 1889. Warbrick was not at home that evening as he was away be believed with Judge Wade. Next day, however, they met, and according to an extract from a little diary which he had kept, Mr Strathern said he had “ spent the whole da/ outside the hotel, talking to Alf Warbrick about his family affairs.” He had had several conversations with Warbrick on his financial affairs and the latter had told him he was making about £2OO to £3OO a year now, but that when the Terraces had been in existence he had mado from £3OO to £4OO a year. On one occasion be had seen Warbrick’s partner come up to him and give him a handful of sovereigns, which Warbrick had shown in his hand,saying jovially before he pocketed it, “That’s how we get it, old man.” There must have been seven or nine pounds. On being asked if Warbrick spent his money freely Mr Strathern laughed and said, “ Why, he was the lion of the place. He is the chief guide up there, and a great man, He only goes about to guide when visitors of distinction come up.” Was Warbrick’s home a comfortable one ? For a moment or two Mr Strathern did not seem able to find words to express his admiration. Warbrick’s was the chief whare in the place—a most magnificent-place, all carved with leaves and things, It was quite beautiful Was it furnished well “Oh, ye 3, magnificently furnished —splendid, splendid,” said Mr Strathern, enthusiastically. What was the furniture ? Well, a table, a dressing-table, washstand, two or three chairs, a looking-glass, and a large double bed. His Worship remarked that it could scarcely be termed a magnificent set of furniture. (Loud laughter.) Mr Strathern looked much ruffled and annoyed. He was, of course, speaking comparatively, he said, and he only hoped Mr Warbrick might always have as comfortable a home. It was a most comfortable place. Did he know the young Maori woman who lived with Mr Warbrick as his wife ? Mr Strathern admitted that he did. Did he know her father ? Oh, yes ; Mrs Warbrick’s father was the principal chief up there. It became necessary to tell the witness that Mr Mays was Mrs Warbrick’s father, and that he was in court. Mr Strathern replied that he meant, of course, the second Mrs Warbrick, the Maori one. Did the father of this second Mrs Warbrick live in the same whare with young Mr and Mrs Warbrick ? No. How did he know ?

Oh, he was certain he had not while he was in the settlement. He had been about the whole time. He couldn’t have done so without his knowing. The old chief did not live in the township, but in the suburbs. He had seen Warbrick in the train on the way down to Auckland for the January trip, and had observed that he was travelling first-class. He had, in facb, gone up to him and said, “ You seem pretty comfortable, old man, travelling first-class.” Warbrick had answered thab he was very comfortable and that he always travelled first-class, a remark which appeared to have sunk deep into the precise Strathern’s heart. He had seen him in Auckland driving about in grand style in a two-horse buggy. He had friends with him, of course, all the time, and was apparently one of a party. In speaking of his wife Mr Warbrick had always admitted his own faults and upheld the character of his wife. This concluded the evidence.

The ease was adjourned till Saturday, when the technicallaw points of the liability of defendant as a native will be argued.