DESTITUTE PERSONS ACT.

New Zealand Herald, Volume XXXI, Issue 9489, 19 April 1894, Page 3

DESTITUTE PERSONS ACT.

AN AFFILIATION CASE. At the Magistrate's Court, yesterday morning, before Mr. H, W. Nortcroft, S.M., Giacomo Testa, settler, of Auckland, was charged with a breach of the Destitute Persons Act, that being the putative father of an illegitimate European male child under the age of 14 years, of which Maria Fitzpatrick was the mother, he had refused to provide for the support of the same. Mr. Thomas Cotter appeared for the complainant, and Mr. Tbeo. Cooper for the defendant, who did nob appear. Maria Fitzpatrick deposed that she was a spinster, residing' at Mount Eden. She gave birth to a child on the 15th January, 1894. The defendant, Giacomo Testa, was the father. She became acquainted with Testa about three years ago, but she had been intimate with him only since November, 1892. As that time witness was living just opposite Testa's house at Mount Eden. Witness moved into the house where she at present lived in February, 1893. At that time the house did not belong to Testa, bub had been purchased by him since she removed into it. John Lundon was the father of her two other children. Her first improper connection with Testa took place in the beginning of April, . 1893. She met him almost every day, and he frequently came to the house to see her. He was very kind to the two boys, and brought them presents. When Lundon became aware of Testa's visits he made witness forbid the latter the house. For a while Testa did not come to the house, but witness frequently met him when she went out. When he bought the house he came to see it with regard to some improvements that he intended to do to it. She had since lived in the house, and never been applied to for rent, insurance, or rates. She understood that Mr. Testa had made her a present of the place, and at the present time she refused to give up possession. The defendant was possessed of considerable property. He had told her that either of his properties at Mount Eden would realise from £800 to £1000. He had also property in Pitt-street.

Mr. Cooper admitted that the defendant had an income of over £150 per year. The complainant continuing her evidence said that Testa had told her that he would see that she was made comfortable. He offered to marry her when his wife died. His wife was at that time in the Asylum. Testa had frequently given witness presents, and money to buy clothing. £2 was the highest sum that he had given her at one time. When Testa became aware of her position he offered to purchase a house in the country, and she could go there, and the people of Mount Eden would nob know anything ot the matter. **

By Mr. Cooper : She had been going under the name of Mrs. Logan. She had never been married. She had a cousin named Logan, and that was the reason she adopted that name. Mr. Lundon had frequently visited her, and had been a kind friend to her. Mr. Lundon had promised to marry her when his wife died. She had a similar promise from Testa. She remembered Testa coming to the house one evening when Lundon was there, and she introduced Lundon to him as her uncle. When Lundon found out that Testa was in the habit of coming to the house, he told witness to forbid him coming again. Testa had promised witness a house in Pitt-street valued at some £700, but he had gone back on his word. By Mr. Cobber : With the exception of money that she received for sewing, she was wholly dependent upon Mr. Lundon, and one of her brothers for support. Her relations did nob approve of her connection with Lundon. She had plenty of witnesses to speak as to Testa's visits bo her house.

Mr. Cooper said he would admit that Testa had frequently visited the house. John Lundon deposed that he resided in College Hill, and was nob at present engaged in any business. He was acquainted with the complainant, and also Mr. Testa the defendant. He remembered having had a meeting with Mr. Testa at his residence in Pitt-street. Testa asked witness to try and get Mrs. Logan to live with him. He said he was not comfortable in his present quarters, and would like the complainant to keep house for him. He told witness that he had never met a woman that he cared so much for, in fact, he was in love with her. He further stated that he would transfer his house in Pittstreet to her, or his house at Mount Eden, which was at that time bringing him in a rental of £2 10s per week. Testa also stated that he would marry her as soon as his wife died. Witness said that he did not care to interfere in the matter, and thought that he had better wait until his wife died. Testa told him that there were two doctors at present attending his wife, and that they did not think sho would live long. Testa said he would do anything in the world for the woman, even to making himself a poor man. If she did not like to live in Pittstreet or Mount Eden, he would buy a place at Ponsonby, Mount Roskill, or at Papakura. Witness again cold him that he did nob care to try to persuade the complainant to accept his offer, and advised him to go and consult the lady's parents. Witness had often visited the complainant's house at Mount Eden, and had been there several times when Testa was also present. Witness had known the complainant for over eight years, and had known her parents for some forty years. Nothing improper had taken place between himself and complainant during the last two years. He had visited the house frequently during that time. He had kissed Miss Fitzpatrick and the children when taking leave of them, but he did not consider that there was anything improper in that. By Mr. Cooper : He was nob at present under a promise to marry the complainant. He would have done so several years ago had he been able to. He had frequently told people that he would marry her. Winners was no partner to any deed drawn up by the complainant for Testa to sign. He did not know that any such deed had been prepared. Witness on one occasion saw Testa kissing the complainant when baking leave of her. He advised her nob to allow Testa to continue his visits. Witness was aware that the complainant had senb a letter to Testa, with expressions of love and marked with kisses. Witness would not have kissed Mrs. Logan when anyone was looking. Witness felt shocked when he saw Testa kiss the complainant, and she agreeable.

In answer to Mr. Cooper as to his present financial position, witness said he was never freer of debt than at the present time. He had had a judgment summons taken out against him, but he was glad to say that he had since given satisfaction. He had never asked any man to take 19s for a pound, and he was now a year over fifty. Cross-examined by Mr. Cotter : Witness «ad spoken to Testa regarding his relations with Miss Fitzpatrick, and he did not deny being the father of the child. Miss Fitzpatrick being recalled, said that what she meant by the deed, was the statement that she had made out for Mr. Cotter. She had never written any deed. She told her sister that she wanted her to come over to witness Testa sign over to her certain property. She told her sister this, so as to get her to come over. Mr. Cooper, in opening for the defence, saiid that this was without doubt a most extraordinary case. He was very sorry to have had to place Mr. Lundon in the position that he had been placed. He contended that the evidence was not sufficiently strong to warrant His Worship making an order. Mr. Cooper addressed the Court at considerable length, going through the whole of the evidence adduced by the prosecution. He regretted to say that the witnesses he would call were relations of the complainant, one was her brother, and the other her sister. He was sure that His Worship would dismiss the case, when he had heard their evidence. Henry Fitzpatrick, brother of the. complainant, was the first witness called for the defence. He appeared iu Court on crutches, and appeared to be in a very poor state of health. He gave evidence regarding the relationship that existed between his sister and Mr. Lundon. He said he was aware of the intimacy that had existed between his sister and John Lundon, and was not aware that it had been broken off. Witness remembered his sister calling ab his father's house in Oliphant-sfcreefe. The object of the visit was that she wanted the child done away with. She told him that she wanted to keep house for Mr. Testa, but ha refused to have anything to do with the child. Mr. Testa was to give her some prooerly, and keep the children. Witness also remembered an interview with

his sister in , O'Neil-streeb, when she. made mention of the child being Mr. Testa's. Witness replied that was Mr. Lundon'a child. His sister said, " Well, whab if it is; I will make Testa pay.for it." Witness told his sister that she had no case against Mr. Testa. She replied that it was only a ruse, and that Mr. Testa would not go into Court, but would get frightened and pay what she demanded. She also added that the magistrate would take a woman's word in preference to a man's. His sister told liim it would be well worth his while if he assisted to get rid of the child. Witness declined to do anything in the matter. , By Mr. Cotter: In conversation with Mr. Testa last September, witness had been told by him that he was very' friendly with his (witness's) sister, and that she was going to keep house for him. Mr. Testa used to come home with bis sister when she came home. Mr. Testa told him that he had been on intimate terms with his sister. When his sister told him that she was going to put the child on Testa, he thought that Lundon and his sister were trying to work a swindle. Witness told Testa what; his sister had said, and he seemed surprised, and said that he had nob had improprieties with her since August. Ellen Palham, sister to the complainant, gave corroborative evidence with regard to the relationship that existed between the complainant and Mr. Lundon. Witness knew that her sister went under the name of Mrs. Logan. Witness gave particulars of several interviews that she had had during the last few months with her sister. Speaking of Mr. Testa her sister said he was well off, and that they, meaning herself and Mr. Lundon, were going to get something out of him. Her sister had told her that the child was Mr. Lundon's.' i

By Mr. Cotter: When her sister firsts spoke to ber about her position, it was then that Mr. Testa's name was mentioned. Her sister was always talking about Mr. Testa, and seemed bo think a lot of him. His Worship upheld the contentions raised by Mr. Cooper and dismissed the case. He said he did not feel justified in making an order, as it would be almost incredible for a Magistrate to say from the evidence that Testa was the father of the child when it had been stated by Lundon that he had slept in the house repeatedly during the past year, and had at times kissed the complainant on taking leave of her. He would therefore dismiss the case. Mr. Cotter asked to have the case simply dismissed without prejudice. Mr. Cooper objected to this course. Mr. Cotter said that proceedings would probably be brought by the Charitable Aid Board.

His Worship dismissed the case with costs, and remarking that he thought that the defendant was the dupe in this matter.