RESIDENT COURT.

Temuka Leader, Issue 1667, 1 December 1887, Page 3

RESIDENT COURT.

Temuka—-Wednesday, Nov. 30,1887. [Before J. Ollivier, Esq., E.M.] CIVIL CASE. H. Fauvel v. J. Morgan—Claim £2 10s sd.—Mr Aspinall for plaintiff.—Judgment by default for the amount claimed and costs. AFFILIATION. William Husband was charged on the information of Susan Uden with being the father of her illegitimate child.

Mr Aspinall appeared for the complainant, and Mr Lynch for the defendant.

Mr Lynch raised the objection that the information was bad, as it did not show that it had been sworn on oath, was not in accordance with the form laid down or with the statute, and that the summons did not follow the information. He desired these objections to be taken notice of, because he saw the possibility of proving perjury and conspiracy. His Worship did not think there was anything in the objections, and allowed the case to proceed. Mr Aspinall then opened the case, and stated that the short facts of the case were that Husband met Miss IJden at the Salvation Army meeting on Sunday, the 16th of January last, and accompanied her home. He was afterwards in the employment of her father, and promised to marry her when the result of their intimacy became known. When he left her father’s employment he ordered the money due to him to be given to Susan, and he came frequently to see her. He had since refused to marry her. He called

Susan Uden, who deposed: I am the daughter of Edward Uden, of Milford. I first met the defendant on the day his wife was buried at the cemetery. I met him at the Salvation Array barracks on Sunday, January 16th. I walked home with him and my brother and sister and Frank Malarkey. When we came to the corner Frank Malarkey went home and my brother and sister went into the house. I remained with Husband at the gate. He promised to marry me if any harm came of it. When coming to the Salvation Army one Sunday night, after some words, he gave me bis wife’s locket and chain, and said I should be his wife. He said he would get something from the chemist if I had not been so far gone, but that he was afraid it would kill me. He said I had better tell my mother, and if she said anything he would pay for me at a boardinghouse. I told my mother, and she was willing that I should stay at home. I received £3 through my mother from him, and some clothing. He ceased to visit me at the end of August. Went to see him in Timaru, but he said he would have no more to do with me.

To Mr Lynch: The 16th of January was the first time I walked with him. Never walked with Frank Malarkey. George Husband, the brother of defendant, is staying with my father. I never said to him that I was sorry I put it on William Husband. I never kept company with George Husband. I used to do Husband's washing during harvest-time, but it was not on laccount of that he gave me the locket and chain. Never met George Husband at Christmas last year. Mrs TTden, mother of last witness: I noticed ray daughter in the latter part of May. In consequence of what she told me, I spoke to Husband about it. Husband had been working for us from the Bth of February till March. When I spoke to him, he said he would come back in August and marry the He also said he would leave the money to give to Susan to get clothes with. He came every Sunday afterwards unless it was wet. He was treated as one of our j own, and he went about with Busan. 1 Me ceased coming in the latter part

of August. He left some things in our possession and he came back in September and said he could not do anything as she had been intimate with his brother. Went and called the brother, and heard William telling George to go to —. To Mr Lynch: I fix the date of 16fch, because Uden told Husband to come on the 15th to see about cutting some corn. He came on the 16th., but IJden told him to come on Monday. My daughter was in the habit of attending the Salvation Army meetings. She came in after the others on the 16th of January, and said she had been “yarning” with Husband at the gate.

Edward TJden: On the 17th of November last saw Husband, and he said bo would not marry the girl or support the child. In September he said he was not going to do anything in the matter. To Mr Lynch: His reason for refusing to do anything in it was that the child was not hie. The girl is about 18 years of age; she was about 17 in January last. She was not a member of the Salvation Army, but used to attend their services. George Husband has been constantly about the place for the last year or so. He came for the first time in last harvest, about the beginning of February. Husband came to my place on the 16th of January, and remained all the afternoon until he went with Susan and the others to the Salvation Army in the evening. He came on the following Monday about the crop. Mr Lynch said be bad to meet a different case from what be expected. His instructions led him to expect something different. He would now direct attention to the objections he had taken, and would apply for an adjournment, so as to enable him to call witnesses. His Worship said he would be very much averse to adjourn for that purpose now, after evidence for the prosecution had been heard. Mr Lynch then called William Husband, th«> defendant, who deposed: The first time I met Susan IJden was the lasi; Sunday in March. I had then fininhed cutting her father’s grain. Stopped there on the Saturday night, and on the Sunday afternoon Francis Malarkey came over, and her father and: mother were away at church. Frank Malarkey made the agreement wi th Susan to meet her that evening in the Salvation Army. Her brother anti I came to the Army, and went to the Temuka Hotel and got a drink o:£ beer each. On the way home we c aught up to the sisters Uden and M alarkey near Mr Hayhurat’s, and we nt home with them. When we got to the gate we had with us the man wh<) made bricks for Mr Hayhurst. Bricky and the other girl went into the» house, and Susan and I remained or it for short time, and I went in with her. Never spoke to her for three weeks after. Never had anything to do with her before that time. Witi less then gave evidence in reference i to what his brother had told him, an d hinted about others.

To Mr Aspinall: Smarted cutting Uden’s harvest about the end of February, Cut about 40 or 50 acres for Uden. Gave Susun the locket because she did my wa* thing. The witness was ex* imined at some length in reference to * leveral matters, in the course of which he said he was now in the employmei it of a widow who had 200 acres of 1 land. He had not promised to marry her. This concluded the i case.

His Worship said tl hat he did not know what Mr Lynch expected, but if he thought he was going to take notice of the objection is he raised he was mistaken. He ci irtainly thought the case perfectly cl ear. The girl gave her evidence very clearly, but with great reluctanc*), which might naturally be expectei 1, There was nothing to disprove her statement, and, therefore, he wc »uld decide the case in her favor. H< 3 would adjudge the defendant the father of the child, and he would have t( > pay £2 2s for the confinement exp« 3nsea and 7n a week to support the c hild. The Court then ros( 3.