MAN OR WOMAN?

New Zealand Herald, Volume XL, Issue 12401, 24 October 1903, Page 2 (Supplement)

MAN OR WOMAN?

STRANGE ALLEGATIONS AGAINST A

PHOTOGRAPHER. The extraordinary defence that the prosecutor was a woman masquerading as a man was brought forward by the defendant in a case of alleged embezzlement recently in London. Harry Merton, of Fairlight Road, Tooting, was accused of appropriating money belonging to his late employer, Herbert Sydney Leichaidt, photographer, trading under the name of the Tasmon Studio, at 114, High-street, Clapham, and he declared that the action was in consequence of a threatened exposure of the sex of the prosecutor and because he (the accused) had started in business en his own account. At the last bearing of the case Me:ton declared positively that the prosecutor was a woman, and recently the latter was submitted in the witness-box to an extraordinary cross-examination on the sbject. He denied that he was ever known by the name of Rubv Shcrwin. Mr. 'Fail-bum (for the defence) : Do you swear that you are a man'.' I do. The prisoner (interposing): 1 swear he is not. The prosecutor went on to say that he had a branch business which was carried on in the name of Willder, his cousin. Mr. Faiibum : As a. matter of fact, is not Mr. Willder your husband'.' No. Did you not represent to a Mr. Degge that you were not a man': No. Diet you ever kiss him'' Yes, once in saying good night. „•'»«• Do you tnink that a proper thing? It is Continental fashion. 1 have Uvea on me Continent. Are you an Englishman or Englishwoman'' i am a man— Tasmanian man. When did you first come to England? Three years ago. Weren't you known in Tasmania as Ruoy Sherwin? No. The magistrate intervened with the remark that to the ordinary eye the witness had all the appearance of a man. Mr. Fail-bum: It is a remarkable case, sir. To witness : Didn't you endeavour to fondle and embrace the defendant'/ I never did.

Do you remember kissing him ? No, never. Are you not aware 'hat my client and Mr. Degge"both stated they would leave your premises in consequence'' No. Haven't you dressed, and posed as a man since you were tea? No, it is false; it is a made-up story. Mr. Harvey said his client, the prosecutor, had had a doctor's certificate to prove that the allegation were false. He,, however, refused to read it to the Court.

The' magistrate said that, even if the proscutor were a woman, that was no reason why a servant should embezzle her money.

Counsel for the defence then produced a large parcel containing" pictures. He said that these had not been sold for the reason that when the accused discovered what the things were he refused to have anything more to do with his employer. in respect of these pictures the prosecutor alleged inat his client bad received money. The Prosecutor: The prisoner is responsible for the work as soon as it leaves my hands. Mr. Fairbuni: Madam, that is absurd. The magistrate thought that if the esse were presented to a jury they would consider it a debt collecting proscri'ioo and refuse to convict. He therefore urdered tie prisoner's discharge.