RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3531, 20 April 1880, Page 2

RESIDENT MAGISTRATE'S COURT

,'■■ THIS DAY. (Before H. Kenrick, Esq., E.M.) ■ : ■■/'■■ "■■'' assault. ■•■ -"L '"■ ' James Thompson was charged with assaulting' a native named Tekoniha on the 14th April. \

Mr Miller appeared for defendant who pleaded that be struck the complainant in self defence. Mr Dodd for plaintiff. ; All witnesses: were ordered but of Court. The complainant deposed that he had permission from Thompson to lire in one of his houses. On the morning of the 14th Thompson came to the house in which witness: had provisions stored. He asked witness to pay him, but he said "no," because defendant said he would not charge us anything. Witness stood in the doorway, and one of the women went to take a bag of flour which defendant kicked. Witness reached oat to take hold of the bag when defendant caught him by the neck, tearing his shirt. Defendant also swore at him. Witness again attempted to reach the bag, and Thompson struck at him twice—once hitting him on the cheek. He then struck witness on the nose and blood came out. Witness did not lose his temper. He told the Maoris to keep quiet, and he would summon Thompson. Thompson struck him in the teeth, and in doing so cut his finger.' He never agreed to pay Thompson, but gave him 2s to pacify him after the assault. Thompson was vexed because we did not take liquor at his public house. By Mr Miller—His companions ■ told him that Thompson would let them have the house for nothing. Thompson asked for 6s. If he had paid the money before the fight there would have been no disturbance. He had rented houses for nothing before. There were blankets and other goods in the house now.

Te Weti and Hopa gave corroborative evidence.

This concluded the case for plaintiff. The defendant was then called, and deposed that the natives had rented the house from him. On the 14th he went to demand the rent as the natives were clearing out. He demanded the rent, and it being refused he stood in the doorway to prevent the removal of.the goods. JMie plaintiff then seized him by the throat and arm and witness struck him in the mouth, cutting his finger in the native's teeth. He only struck one blow.

W. H. Drew gave corroborative evidence. ?

His Worship said he did not think defendant was justified in attempting to remove the goods and the natives, and Thompson, not being justified in preventing the natives to remove the goods, had committed an assault. He would be fined 5s and costs £1 Bs.

A Reputed Father. William Short was charged with neglecting to contribute to the support of his illegitimate child by Annie Roberts. Mr Miller appeared for the defendant, who pleaded not guilty.' Mr Brassey appeared for the plaintiff. The Court was then cleared. Mr Brassey stated the caie, and quoted from " Saunders on . Affiliation." He said intimacy had taken place from January to December, 78. Mr Denby had taken a great interest in the case, and he believed he was at the bottom of the defence. An attempt would be made to pawn the child off on an old gentleman named Forsaith, who had been subpoenaed. He would tell them that though he had been married 50 years he never had had issue. It had been asserted that the defendant, on account of the quality of his physique could not be the father of the child, and to rebut this he had medical evidence.

Dr Kilgour deposed—The age of puberty varies considerably. He remembered cases in which it had occurred at 14 and 15 years in males. In this country the age of puberty was earlier than in England. He thought defendant quite capable of conceiving a child. He had beard of a case of a man of 80 years being the father of a child; and there were historical cases of men being leathers at 70 and over. It was. quite possible for a man to be married 50 years and not have children, and then at the age of 70 to be a father. Dr Payne gave corroborative evidence. Annie Eoberts deposed?—l first saw Mr Short on the 29th January, 1877, at the Farawai gardens on the anniversary of the Grahamstown Wesleyan Sunday School. He took me home from the school on that day. I frequently went out walking with' him up to September 1879. During all this time I was em* ployed as general servant at Mr Forsaith's, having been with him before his wife died. In December, 1878, I first had intercourse with defendant on the goods wharf. The improper intimacy occurred one evening about half past seven or eight. In answer to my questions he said nothing would come of it. He had previously made an attempt to contaminate me. This was at the time Mr Forsaith was living on the beach. He (Mr Forsaith), afterwards removed to Owen street, and we frequently walked to the back gate. I sometimes had intercourse with defendant .three or four times a week. At this time I was not aware of the consequences. He frequently made me presents including a book called East Lynne, some bottles of scent, book-marks etc. He wrote me several letters which I have returned in consequence of the way he has deceived me. I ceased having intercourse with defendant on the 7th December 1879. I remembered it because it was the Shortland Wesleyan Sunday School anniversary. I endeavored to see him but he always evaded me. I was confined on March last of a male child, lof which William Short is the father. Never knew anyone bat defendant. I have never had any oonnectioa with Mr Fonaitb, J)e<

fendantis employed by Mr Denby, and I frequently was there for medicine for Mr Forsaith. Mr Denby sometimes chaffed me about Short,, and Mr Denby once asked her why she had not been out with her young man. I did not suspect my condition till near the latter end. I consulted the Homeopathic Echo, and noticed that I should have a morning sickness first. In August last my sister told my mother something, and in consequence of that she took me to Dr Gilbert, who examined my chest, and said I was suffering from cold. I said I never had been with any man. Mr Forsaith never got ham and eggs for me. Before the birth of the child it was reported that I was in the family way to Mr Forsaith, who is a man -of religious principles, and a Christian. After this report, Mr Forsaith asked me for a letter denying that he was the father, and I gave it to him. (A letter was at this stage read, from Mr Forsaith to Miss Roberts, the postscript of which was, "I treat with contempt the scurrilous slanders that are spread by the scum of society, having a clear conscience (as you know) respecting this painful affair. I can be as bold as a Hod, the Omniscient GodibeiDg my judge.)" Examination continued: I claim maintenance for the child. The doctor's and nurse's charges were £4 12s.

J3y Mr Miller: After Mrs Forsaith's death I always slept at the shop. My sister slept with me part of the time and after the report my sister slept with me again till the 19th March last. Though it was publicly reported that I was in the family way, I did Dot know it. In March nor at any other time did I go to Denby's for medicine for a certain purpose. 'Short used to come and whistle for me at the back gate. We would walk together three or four times a week, and on every occasion we had connection. It usually took place at the back gate. In Maroh last year there was a coolness between us about Short going out with another young lady, but we still went out together. I never told Short I was in the family way. I know George Warren, but have had no improper intimacy with him. I know Miss Jones) She was here in .November last year. I only spoke to her once, but did not tell her I was in the family way, nor was anything said about Forsaith." I recollect writing to a young lady in January last denying that I was enciehte. Short never told me I should get someone to sleep with me. I paid the expenses of the birth out of my wages, and never received any money from Mr Forsaith except my wages. ■ By Mr Brassey—l received 10s a week wages from Mr Forsaith.

By the Beach—l never mentioned my intercourse with Short to any of my girl friends.

Mary Mott, sworn, deposed—l am a nurse. I remember being called into Mrs Harris' house to assist the doctor to confine Miss Roberts. I recollect going to Denby's shop for some acid the day the child was born.. I saw Short and said, " you've been made a father to-day," he replied, " I think you're mistaken, I then asked if his name was Short and he said yes. I said " Annie's got a baby, and she told her mother yit was yours." He replied that he had not spoken to the girl for six months, and that if there was any bother over it, it would ruin him.

Elizabeth Harris deposed—She told me that Short was the father of the child, and I wrote to him requesting an inter* view. He did not come, so I went to ccc him at Denby's shop. . I asked him what he was going to do with Annie) and j the baby. He said he knew nothing about it, and that the case was in Mr \ Denby's hands. I said if ho would not marry Annie I would make him support the child. I frequently cautioned ! the girl against Short, as his brother was a fast young man. By Mr Miller—l heard a rumor in January that my daughter was with child by Mr Forsaith. I never observed any outward sign of my daughter's pregnancy till the' last. She looked very white in the face. I told Short that I had nothing to do with Mr Denby. Bella Gracie, sworn, deposed—ln November last I was going home with Mr Short and Annie from the Flower Show. When we separated,.the two went towards Forsaith's back yard. I said " I suppose I'll see you Mr and Mrs Short some.day." Short replied " Just so." I heard the rumor that Mr Forsaith was the father,! but heard nothing about Short. . Michael Henry Oonroy, sworn, deposed—l reside in Queen street, Grahamstown. I know Short and Miss Hoberts by sight. I frequently saw them walking together si; months ago. They were generally going down the wharf on Sundays, and I heard frequently that they were keeping- company. By Mr Miller: I saw. them generally on a Sunday. I cannot speak to any month.

Samuel Smythe Fomith, sworn, deposed, I know Miss Koberts. She was at one time my serrant. She was receiring 10s per week . since my wife's death, 1 year and 8 months ago. The girl's general conduct was good. She generally came home at between nine and ten. She came by the back gate, of which she had the key. I gave the girl a ring which my wife left for her. I nerer lived with that girl as husband and wife, and nerer had intercourse with her. I am in my 78th year. 1 was married 50 years and never had any children. I spoke to the mother some months ago about the girl being unwell. She was of industrious habits. I retained the girl on my wife's dying wish, as she | had the greatest confidence in her honesty and integrity. T remember a 1 rumor about me being married to Miss j Roberts. During that time the shop was rushed, especially on Saturdays. (At this stage a letter from Mrs Harris to witness was put in and read ) I applied to Miss Roberts for a letter exculpating me from the rumors about my being the father of the child. (Letter read.) I never acted improperly towards the girl by word or act. By Mr Miller—l heard the rumor I was married to the girl to hide the shame of young Short and the girl. I heard that she was pregnant, and spoke to her mother about it. The girl was frequently ailing during the time she has been with me. She did the work of the house all through. I never ordered things par* ticularly for Annie. I treated the girl always as a servant, and a daughter. Occasionally one of Annie's sisters slept with her. I never objected to them coming. I heard that Short and the girl were walking together, but never s«. pected anything wrong. This concluded the ease for the plaintiff* [Left Sitting.]