RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XXI, Issue 2346, 10 April 1866, Page 5

RESIDENT MAGISTRATE'S COURT.

Satubday, Apbh» 7, 1866. (Before J. Coutts Crawford, Esq., R.M.) DBUNK AND LIGHTING-. John Nichol, charged with the above offence, pleaded guilty. He was sentenced to 30 days' imprisonment with hard labor. David McNeil, charged with being drunk, did not appear to his bail, which was therefore forfeited. DISPUTED CLAIMS. ( J. Compton v. J. Toy—Debt, £13 10a. 2d. Judgment confessed. J. B. Wallace v. J. Frcdman— Debt, £1 9s. '. lOd. for rates. Judgment for plaintiff. " G-. Pritchardv. Crow— Debt, £1 12s. Amount and costs paid into Court. , BBEACH OF THE PEACE. ] J. McCafferty was charged with this offence. i Constable Eeady deposed to having taken the : prisoner in custody, as he was fighting opposite Barry's Hotol with the prisoner previously con» victed. The prisoner said that ho confessed to having : commited a breach of the peace, but that he ; could not help it as the man with whom he had been fighting had called him an Irish and i it roused his Irish blood to have his country thrown ] up to him in that way. Prisoner was discharged with a reprimand. i AFFILIATION CASE. ( This case was called on for its adjourned ' hearing. Mary Lane charged James Waldin ! with being the father of an illegitimate child, and refusing to support it. Mr. Brandon appeared for the prosecutrix and Mr. Buckley for the defence. 1 All the witnesses wore ordered out of Court. \ Mary Lane sworn — I am a spinster. I have : known the defendant five or six yeara. He never visited my mother's house. I hud a child sixteen ' months' ago, of which defendant was the father. ' Mr. Buckley — I now take the same objection as ' I did on theformer occasion. By the 10th and 11th ' clauses of Jervis' Act the information should bo laid [ six months after the cause of action exists. This : child is sixteen months old, and you must prove tho paternity within six months. ' His Worship over-ruled the objection. [ Mr. Buckley — Then I shall appeal. Examination resumed — Jamea Waldin iajfhe father of the child. I have applied to him for the support of the child, and he has promised support, but he had not given it. I had a correspondence with the defendant. (Letter produced.) That is one of the letters from him, and was delivered to mo by James Ames, Cross-examined by Mr. Buckley, — I can read and write. I know the defendant's handwriting. I do not think that this is in Jimmy Ames' own handwriting. Defendant was never at mother's house before the child was born, he came there three months after tho child was born, I was at . the Freemason's Hotel with a trooper named '■ Bodgcrs one evening. I did not go any whero with Rodgers afterwards, I went home. Rodgers ' never took any liberties with me. I never was down at Pipitea Point witli anybody. I was ' at the Pahautanui races about two years ago with ( Walden. I went into his bedroom when he was j getting dressed. I think young Q-oodison was in > bed in the same room. I did not go into Waldin's ( bed that morning. Mr. Bolton ordered us both out. Defendant was drunk that day. He did ] not know how to take care of a young woman at ' the races. I danced all night with different persons and went into Bolton's next morning. I j know Mr. Groer's on the beach. I have gone to | Waldin's bed-room there. About the time of the opening of tho Assembly, Waldin came to mo and asked for this letter. I nover tried to father this ( child on any one else. My mother first spoko to ' Waldin about the support of tho child. Waldin ' nover gave anything to tho child except the price of a now dress he opened his heart on that occasion. Waldin met me several times within six months of tho birth of tho child. , By Mr. Brandon.— Did the defendant ever . promise you marriage ? Mr. Buckley objected to the question. The objection was over-ruled. Witness. — lie has promised me marriage since the child was born. When Mr. Waldin returned from Wanganui he asked me for the letter produced in Court. He did not say what he wanted it for. Mr. Brandon then applied to have the letter read, It wns read, and ran as follows : — Dear harv,— l now take the opportunity of sending A few lines. We arrived in our Bay after A very rough passage of four days. And it now Remains for you, to say Wether I come Back to Wellington agtiin ov go wherever I choose. Of course you Remember watt I was talking to you about, the last night I was down at your house, about going to Auckland. Now you can believe mo, I am in earncatwith you. My intentions towards you arc Ilonurable. I can asure you of it Mary. But you dont know what obstacle there is between us, there is nothing on my sitlo. I can ussuvo you, And it now remains for you to clear it up. I should like to marry you. But suppose my parents do. not agreo with it, What nre we to do then. We must Elopo to some other part Where we can jog along the Best way we can. It will make a great alteration in me, and I shall do everything to promote your happiness for life, so if you do not ngvco with me you will have yourself to Blame. So now take my advice and go tomy father and tell him what has happened to you through me, mid don't keep anything from him and through these means you will find out what he thinks about it, and lei mo know as soon as ! possible. You must take it stculy and not got in a flurry, if you want anybody to go with you get Mr. John Sutherland. But trust no Body else, ' if you do you will fail and let kuowbody see this ' letter whatever you do, with my respects to Mrs. ' Sutherland, and receive the same yourself, 3 James Waldin. f| Allow nobody to see this letter, and keop it till I return to Wellington. 3 Address to Jas. Waldin, Havelock. Sarah Carroll, sworn deposed. — I am a washerwoman, andmothor of plaintiff. Defendant eamo to 1 me about two years ngonnd asked modid 1 think he v was fit to walk with my girl, I said no. Afterwards when tho child \y,ns about three months old, I saw ,f defendant in tho street and asked him to come „ into tho house. I told him he had wrought shame c in my family, and had prevented Mary from it ever having a comfortable home. I told him it that Mary should not walk with him in the streets, i- If ho wished to boo her he could come into the

house where they could speak to each otbas. Defendant told me on that occasion that he would ' provide for Mary as booh as he -was able. I hay» seen him in the house several times since; O». the following Saturday defendant came an&gwr* Mary a pound, -with which she bought clothe&Jte the baby. Cross-examined by Mr. Buokley-^The*fr awfc three rooms in my house, a bedroom, 6itting-io<HC«. and kitchen. My daughter Mary went to tfefc Pahautanui races without my permission. Iffinty • was not in the habit of staying out late atxigMfcwhen she stopped with me. She went to service; when she was thirteen years of age, but has uafc been more than half that time in place. She war at home a month before she went to seme* afe Kanes', and she was never out late at that tima*. I did not see defendant give my daughter the£lw. The girl told me bo. My daughter never com*' plained that Waldin had done anything to fee*. Ke-examined — My daughter was confined fch* aame day as she last returned to me. Mr. Brandon said that this would dose tbae case for the complainant; he had intended: tv call Ames but found he had not been subpaeaecL Bobert Goodisson sworn — I am a carrier. T. know the plaintiff and defendant. I recollect Hbk Pahautanui races about two years ago. I sow tluaiK. bofchin Bolton's at Pahautanui, where I was ia tnft same room with them. The day after the races IT saw Waldin in bed, and Mary Lane was in th«, room. She was either sitting or lyingpn Mb bc^ I forget which. I did not see her come into t&» room, nor did I hear Waldin send.- for. her. TL did not see her the night before. I have seem. Mary Lane with a trooper walking on the beaelfr. Mr. Buckley— Now will you tell us her general character, as far as you know personally? Witness — I have seen her in the evenings wiffe. different people. , James Waldin sworn, deposed — I am -the da- . fendant in this case. I know a trooper named Rodgers. I believe he is England now. I east . the plaintiff and Bodgers together at the Ereamason's a little more than two years age H * heard Mary Lane singing a song in the front psr- „ lor. I saw Bodgera and Mary Lane go round. Iqp theßlaughter-houßeatPipiteaPoint. Isawhimhaap*ing connection with her. (Letter produced.) Th» . letter was never sent by me to plaintiff. It wa» taken out of my cout pocket. I did send her* letter, but that is not it. At the Pahaufeanmfc , races four of us hired a trap, and plaintiff vratnfc, . to my room, undressed herself and got into beA. with me. I did not send for her at all. Im» afterwards at service at Greer's, and tlm girl followed m 3 off there, and used to come into my bedroom. I never spoke to plaintiff for tufr months before the child was born. When£S» child was about three months old I saw plaintiff and she said, " Oh, you have come to claim tl» child." I laughed and said I knew nothing about it. Plaintiff did not even ask me. to support tim child, but her mother did. Cross-examined by Mr. Brandon— Plaintiff ans her mother lived at Pipitea Point at that tune y there was no dance at tho Freemason's that nighfc. I saw her and Rodgers going towards their houses. Rodgers met her at German Brown's house. Net one was walking with her. at the time. Xjeasafter her myself and that was how I .was there sfc the time. I did not speak to her that nighfcafc all. I had been at the Freemason's tavern tfaafc evening about six o'clock. Mary Lane and, Rodgers went to the slaughter-house and It followed them right down. He left her jusfc over tfc* stream, and she went home. I saw hintdiatinclijp' do something improper with her on. the beach. I was looking round the corner and was nctmqr* t.hau fifteen or sixteen feet off them. It was*very dark night. It was before the child. wa«. born that the letter was taken out of my pocke& Mary Lane took it out on the beach atKai Warwir Warra. I swear that letter waa not addressed to Mary Lane. I went to Wanganui about tan. months ago. Six months before the child wa» born I did not speak to her, until two or tioofr niglita before it was born, when I saw horsfr White's hotel. I went to Havelock to the dig* gings, but I cannot tell how long ago that is. I? , was at the Pelorus Sound the beginning of laifc year. I used to come over here frequently as£ stop a day or two and go back again. I cam® back about the middle of June last, when. I want to Wanganui. I was in Wellington about a fortnight then, and saw Mary Lane two or fchraetimes. I walked with her two or three time% and sat down with her. In May last year, I, think I was at Akaroa Bay. I was not at H&rttr lock any time last year, nor did I propose to gjf* there. Re-examined — I had a suspicion that Rodger* was after the girl. I had frequently seen ßodgejafc in company with her. By the Bench — It was about two years ago* that I saw Rodgers with her. It was just befes* lie went home. It was about fourteen month* before the child was bom. Mr. Brandon and Mr. Buckley then addressetl the Court, after which Hi 3 Worship summed ujr» and ordered the defendent to pay ss. a weekfrosa. the present time with costs. Monday, Apml 9th. drunkenness. Hugh Bracken, William Summers, and JT. Green pleaded guilty to the above offence, owl were fined ss. each ; or, in default, 24 hours ix»yprisoninent. Cornelius Bryan, Rose Palmer, Frank Follam^ , and John Magee, were fined 10s. each; or,in«lfc* fault., 48 hours' imprisonment for a similar offescMfe with aggravating circumstances. DISPUTED CI/AIM. John Johnston v. William Rosa. £15 IBs. 6tE. This was au action taken to recover £15 15a. 6dL the value of a promissory note, being the balancer. of money duo for a second cabin passage pasr Berar from London. Mr. Borlase appeared for the defence. Mr. Johnston put in a promissory noto as e*i~ deiico of the money being due. Mr. Borlase contended that as his client ha& not received a second-class passage, there ha& been no consideration for the bill. William Ross, sworn — I am a shepherd. H" came to New Zealand by the ship Berar in 1868* I took my passage through Mr. McLeod, tHat. agent for the part of the country from which* II come-B (Contract ticket produced.) I got that contract ticket from him and paid £6 on account; Tho balance of tho money was to be paid here to the Superintendent. I saw the Provincial Government Emigration Agent on landing. I had? digued a promissory note in London for £9, being.. the balance of money duo for my si o jrago passage*, Mr. Holdsworth, tho Immigration Agent, presented that note to mo on landing. I made arrangements with Mr. Holdsworth to sottle fecit. 1 cumo out in tho steerage. (Promissory noto produced.) The reason why I signed thn. promissory note now sued for was on the undefc* standing thut I was to have a second cabin passage, and that I was to tge a second cabm ' ticket instead of tho one I now produce^ > and I was to havo the £9 promissory note back ! again. I did nob get the second cabin passage*- ■ tho £9 promissory note, nor a ticket for the eecondL cabin. Cross-examined by Mr. Johnston. — I madia she. arrangement for tho second cabin with one of Met t> haw's clerks at Greenly the. That was befowwe sailed. The same clerk was aboawfc, - again, and I asked him for it, and fc»- --> said ho had forgotten about it. I told the thm£ s mate that I had given the bill and asked for rataomt s for the second cabin. He said that my name -we*: v among the list of steerage passengers, and I woo Mfc o only get steerage allowance. I never asked Mfc o McLeod to endorse the bill. Mr. MoLeod •»• a sured me that the bill was all right, and thafe-K a should never hear more about it. i. I Mr. Johnston contended that no matter wfisfr. c the Bill was given for, it was bound to be mafc,

George Clark, sworn— l am a lawyer's clerk residing in Wellington. I came out in the Borar . fAKith tho defendant. He was a steerage passens get. I was present at a conversation between one ■ of Shaw, Saville & Co's clerks and defendant. I apoko to the «lerk myself to get him a second class passage. Tho understanding was, that he •-and another steerage passenger were to join together and give a joint bill for amount ; that was tho only condition upon which the second class • passage would bo given. Rosb signed tho Bill but 'til© other did not, and I then thought the matter • had been dropped. At the lost moment I saw Slvvir, Saville & Co'a clerk and it was finally understood, that as the second class ticket had not been ■ got ready, defendant was to travel third-class. Cross-examined by Mr. Johnston —l negotiated - Hxa second-class passage for Ross. I know Boss had a third-class and not a second-class passage. ' Mr. Johnston— Then, your Worship, I withdraw the east 1 . Case withdrawn accordingly. ABSA.ULT. Sarah Carroll, the mother of Mary Lane, who "had (jummonod James Walden for the mainte- • nance of an illegitimate child, now summoned the • «&mo defendant for haying struck her on the head with his walking-stick. If ra. Lane who appeared with her head bandaged, deposed, that on the previous evening, whenptiss- ' ing down Willis-street, prisoner had raised his - fltiok and struck her on the forehead. James McNeill gave corroborate •■ ev'de ice. Jfariii M. Cottle, for the defence— l was speak- ■ iug to Mr. Walden on the bench, when Mrs. Lane came up and spit in Mr. Walden's face. I heard 'tier abusing Mr. Walden, but did not distinguish what she said. Cross-examined by plaintiff— You did not say ■ anything to me. Prisoner was asked what he had io say for himself, and replied that he thought it was a very hard case that he could not walk along the street without being insulted by the compisiin int. Tli's •was tho second time that she had spit in his fn c ' in this manner. He confessed tin t lie had on this •occasion, allowed his temper to got the better of ium, and he had struck her lightly with his walk-ing-stick. His Worship sa : d tliat he was sorry to see defeudanfc accused of such an offence as this, not so much on his own account as (or the sake of his father. He alluded to the appearance of the qjrosecutrix, and sanl, that as a warning to tho prisoner to reform his ways, lie would fine him £5, with costs remitted, or two months 1 imprisonment. Tho fine was immediately paid.