RESIDENT MAGISTRATE'S COURT

Thames Star, Volume IX, Issue 3009, 7 October 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before A. J, Allom and H. Goldsmith, Esqs., J's.P.) ; „ DRUNK- AND pISOBDEBLY. - One person for this offence was punished in the usual manner. •■-■• CHIMNEY ON FIBEI _ Allan Gillies was charged with permitting the chimney of his house in Brown street to be on fire. Defendant pleaded guilty, and wag fined lOg and costs. .-WANDBBINO COW. Darid Maxwell, for permitting a eb'w.to wander at large in Mr ckay street, Short-' laud, pleaded guilty, and was fined 2s 6d and costs. , AFFILIATION CASE. . Hugh Mackie, a young man, was charged with refusing to contribute to the support of his, illegitimate child by Martha Leatham.. Mr Brassey appeared for defendant, and pleaded not guilty. Mr Miller ap. peared foe complainant. ' At the request of Mr Brassey all witnesses were ordered out of Court. Mr Miller stated the case. . The Chairman raised the question of jurisdiction, and asked the counsel if two Justices could hear the case. Some discussion ensued, and.the Court decided they had jurisdiction. Martha Leatham, sworn, deposed—l am the daughter of Joseph Leatham. I know the defendant Hugh Mackie. I kept company with him for about-two years, but hare not spoken to him since Christinas. The child in my arms »

mine. It was born on May 18th, and is now nearly five months old. The defendant is the father. During the time I kept company with defendant I 1 did not keep company with-any other purty. We were out together several times every week, and He frequently came to my house. I was at service most of the time., I have never had another child. When I was enceinte I told him about my condition, and he asked me if I had told my mother. I said " No." .He asked me why I hadn't. I replied that if he would come with me I would tellmy* mother. He said he had a bad hand and could not come then, but would come nest evening; He did not come, and did not show up again. I spoke to him about supporting the child, and he promised to do so, but has not provided for it yet. It would cost about 10s per week to support it, and the expenses incurred by birth were £5. The expense I have incurred in this case is two guineas. By Mr Brassey—l never kept company with any one during the time I kept company with defendant. I kept company wi|h Coutts before that. I know Sherlock and Oatridge. Tney saw me home once. I talked to a fellow named Redwood! over the fence once, and he asked who was the father. I.said Mac He. He did not,say that Sherlock and Oatridge were frightened about this. I was intimate with. Mackie in July, August, and September at Mount Pleasant. I never had intercourse with any one else. I went but with defendant several times when I was enceinte. I did not have" intercourse with Frank Oatridge and Arthur Sherlpek. I did not tell Redwood that I wasn't going to let Sherlock and Oatridge have the pleasure being the father of the child. 10s per week is a fair charge. The child was born at Queen's Redoubt, Waikato. I never, admitted to Mackie that I had been intimate with Sherlock and Oatridge.. I have been walking with •everal young fellows. Re-examined by Mr Miller—When -Redwood and Sherlock went home .with me I was enceinte. I had to pay 10s per week when I was at the Waikato. Elizabeth Leatham, sworn, deposed— lam mother of last witness. I know the defendant. He has often been to my house for the purpose of taking my daughter out for a walk. This went on for about two years up to the end of '77. No one else used to take my daughter out from the house. By Mr Brassey—l never saw Sherlock or Oatridge about my place, nor ever saw her walking with anyone else. - - . Joseph Leatham, sworn, deposed—l am the father of complainant. I know the defendant, and have frequently seen him at my house. He used to travel with my daughter till about the end of last year. I think I saw them last together in December. I never saw any other young man with her. Her mother told me she was in-the family way, and I asked complainant who was the father. She told me Mackie was. Two months before the birth Mackie promised to support ■ the -child, but I have not seen bim. since till to-day. He never denied the paternity of the child. By Mr Brassey—He admitted the paternity of the child in the presence of my son, and then -promised' to do what he could for it. William John Leatham, sworn, deposed—L am the son of last witness. ' I know Mackie, and have several times seen him,with my sister. I have never seen her with any one else for the last two or three years. I was onoe at Shortland with defendant, and met my father. My father asked him what he was going to do- about the child* and he said he. was in constant work, and would do what he could. He premised to come up next Saturday and make it all right. I have not seen him since then till this morning. I asked him why-be bad not answered my sister's' letter, and he said he. did not >kpow, Irhere the was. I spoke to him this mornings and asked him how things were. He said, " Pretty hot," and thought there was going to be a row. I asked him why he had not come to see my sister, and he said that she should hare come to see him.

By Mr Brassey—My sister left the Thames about Christmas time, and then returned, and went away again, when she was confined. I never had any conversa* tion with Oatridge or Sherlock about this case.

This concluded the case for the com* plainant. . . John Sydney Bed wood, sworn, deposed —lam 17 years old. 1 I know the complainant. Ihad a conversation With her .before she went to Auckland last time. fc told her that Sherlock and Oatridge were getting lrightened, and she said they had no occasion to, as she was not going to let them have the /pleasure of being the fathers of it. Oatridge, Sherlock and I went home with her once. I cannot say that I have seen her going about much with young fellows. By Mr Miller—Nothing improper took place the night we saw her home. Frank Oatridge, swdrh, deposed—l was 18 last July. I know the complainant. I have been intimate with her in October last at Mount Pleasant. By Mr Miller —I have twice been intimate with her, both times in October. Arthur Sherlock, sworn, deposed—l know the complainant. I remember Mackie calling on me some days ago with reference to the girl Leatham. I was intimate with her in the latter part of 77 (about October) at Mount Pleasant. I have had intercourse with her twice. I am 18 years old. Hugh Mackie, sworn, deposed—l am the defendant, and know, the complainant. I had intercourse with her in December '77, and only once, not far from her own house. I had several conversations with her about Oatridge and Sherlock;, and asked her if. they had been intimate with her. She said, " What if they did." I received a letter from complainant* which I took ho'notice of, as the child is not mine.

By Mr Miller—l frequently walked out with complainant, and have known her for. six years. 'I never promised to marry her. She told me I was the father of the child, and wrote to me about it, but I did not answer the letter. I had no intercourse with her before December. I heard it ail over the town that Sherlock and Oatridge had intercourse - with com* plainaat. ■ .

lie-examined by Mi? Brassey—When she said 1 was the father of the child I denied it, She spoke jokiDgly.' By the Bench—l met the complainant's father and brother in March, and he asked me what I was going to do about Martha. I did not any anything. I did not say I was in a steady- job, and would do what I could for the child. The elder Leatham called me aside when he spoke to me,

and young Leatham did not hear what ■ was said. ' Elizabeth Leatham, re-called, deposed —The dhild is a full nine months' child. This concluded the case, and the Bench announced that they would reserve their decision till 3 o'clock. On resuming at 3 o'clock— The Court adjudged that Hugh Mackie was the father of the child, and ordered him to pay 4s per week till the child reached the age of 14 years ; also, to pay the costs of birth, £2, and the costs incidental to the order, £3. Mr Brassey intimated that he had been instructed to. appeal. Court adjourned. . . . ,";.