MABEL'S MISTAKE.

NZ Truth, Issue 165, 15 August 1908, Page 5

MABEL'S MISTAKE.

WHO IS THE FATHER OF HER CHILD?

Pills, Abortion and Preventives.

gross', wilful perjury somewhere.

Magistrate James Dismisses the Case.

Mabel Edith Emma Tonks is a ydurig lady of an undoubted passionate nature, and as the result of a certain adventure she was able to increase the population of this Domiriion on Jjinuary 20th, 1907, and as every child born m this Godsownkuntry is a valuable asset, the new arrival should have been hailed with joy by the jo,int authors, but, sad to relate, owing to the fact that no, parson or other authorised person, had licenseM Mabel and her assistant to increase thn population, the said assistant did not manifest much joy. As to who was the joint author .of , the unwanted infant, "Truth" is not -prepared to- venture an opinion,' but Mabel, who. ought to know something about the, authorship, asserts that Joseph Robertson js ...the^ happy father, but Joseph, when called upon to answer the challenge uefore Mr W. P. James, S.M., at the fS.M. Court last Monday, denied the : soft impeachment. Further, rwhen Joseph was called upon by Mabel's uncle he admitted having sinned with her, but denied paternity, ' and suggested that one .

ARCUS WAS THE FATHER. J Mr. Wilford appeared: for Maiel, and Mr J. J. McGrath' for- .Joseph. ■ -:■- , Ini .the ' course ;of Her ; . evidence, the complainant stated that >f during May, ; 19.06/ she and Joseph, with her sister, j who was' accompanied by Horace. Graves, went put on an expedition of discovery to the Nairn-street reserve, where she and Joseph tasted of the forbiddten fruit. A few days afterwards the cooing, pair revisited the scene of their former triumphs, and again fractured -„ the moral code. About a month afterwards Mabel sought for signs which she did; not discover, and concluding that something was. wrong with her, she told Joseph oL-"her condition, but he indignantly, denied 'that, he was the cause, „and wanted to put it on to someone else,//' He I said : "It's nc;t me, Mr Arcus knows more about it than I." Mabel then told him, "it was no such thing." She saw the giddy youth later m the evening, as she wa.s going to the gymnasium,* when he said he .would do what he coiild for her. ■ Joseph provided Mabel with some piifi to accomplish' a. -.certain purpose she .supposed," as he said, "they will • put you all right," but the pills did not produce the desired effect. Joseph disappeared from Wellington the. night following the baby's birth and Mabel did not see him again until about a month ago, when she got a grip of him and : had 'him arrested on warrant. ■„.'. In reply •to Mr McGrath, Mabel stated that she knew Joseph m 1904, and had gone out with him at that time, but.-nor thing wicked took place. During IB 05 Mabel said she, took- many walks with. a young man named Clifford Arcus, but discontinued her blissful moments with • Clifford m January, I'JO6, because she discovered that Clifford hati anotheryoung lady. . May. admitted that she had, an illness m December, 1905, and described the illness as influenza. The night that Robinson, Graves, Mabel and her sister inspected ,the Nairn-street reserve was the first time she and Joseph had sinned together. : .■' . AT THIS STAGE MABEL FAINTED, and the hearing of the case was\ stopped' for a few minutes. Continuing her evidence, May stated that she had never been unduly intimate with Arcus or Horace Graces. The night after she and .Joseph— who \was not like the Joseph of old who would riot be tempted to sin by Potiphar's wife— had nrst indulged; m wickedness, Mabel visit-, ed the 'reserve .., in company with Horace Graved, but nothing worth mentioning took p3ssjs on 'that occasion. Mabel and Horace wt^e seated under the, trees— that was an. ; . . Frank Tonks, uncle, of the complainant, stated that he called on Joseph the night after the arrival of the . little stranger, and told him that his niece had accused him of being the pa.. J oseph, with strong'" indignation,' denied the paternity, but admitted that he had sinned with her. He .also accused Clifford Ar-^ cus of being the .baby's papa. Asked if he was ; prepared to meet witness' and ~ i Arcus together ' the next night, J oseph .' repljied "Yes," but on witness going to Joseph's house the next night he discovered that Joseph .had decamped the night before. . Detective Kemp stated that he arrested Joseph on "August lst v On the way to the. station Joseph said that it was a' bit of bad luck for him as he had only received her favors on one occasion, and he reckoned that a man named Arcus was the father of the child. The officer asked' him Why he cleared out so suddenly, and Joseph replied, "Things were getting too hot for me.". s Defendant, called by Mr Wilford, admitted haying improper relations with May, but not on the dates specified. He had a few words with his father after ' Mr Tonks called on him, and his father said that be did not want any scandal" brought into his house. Witness cleared out the same night and went to Upper' Hutt, Avhere .he remained ( one night, and then went on to Featherstone. Joseph denied having given May any pills, but added that she had teld him • SHE HAD BEEN TAKING PILLS. ._ She said she was m trouble through him. Asked by Mr Wilford if it was the old story that "the. woman gave it to me, and I did eat," witness said he had never heard of the old "woman's" story (laughter). Mabel had told him that Arcus was the causy of her being m trouble on a former occasion. Witness sinned with May on the 23rd J uly ; he fixed the date as it was the week after the Wellington races. To Mr McGrath : Miss Tonics wrote to witness about the end of September asking him to meet. her. That was the lirst witness . Knew of the girl being m trouble. To the Magistrate : Witness had des- , troyed the letter. Clifford Arcus, warehouseman, stated that he had . neyer had improper relations with Miss Tonks. lie; was asked j by Mr Tonks to meet' Robinson arid was willing and ready to do, so. By Mr McGrath : Witness believed that Miss Tonks had a misfortune m December, 1905. He -believed it was a, miscarriage. He knew that it was a miscarriage, as the girl had told him so, and he owned up to being the cause of the miscarriage. Mr James : A little while ago you told tfte Court that you had never had improper relations . with the girl. What's the. value of your evidence after this. Continuing his evidence, m reply to Mr Mc.Grath, witness stated that prior to January or February, IDO6, be had frequently had ipi.proper relations wilh Miss Tonks; but .not every time he took her up to the Nairn-street reserve, as he did not always take her out for that purpose. Re-examined by Mr Wilford : Witness had not had improper relations' with Miss I Tnnks between March, 1906, and January, 1907. i This concluded the case lor the complainant. Mr McGrath called the following evidence for the defence. Joseph Robertson, the defendant, said that he bad met the complainant first m Webb : street, m 19(12, on a Sunday ni^ht. She was with her sister. He was with a < friend.

| "We looked at them," said the witness. I "They gave us a smile'; we whistled something and then spoke to them." He walked out with Miss Tonks for about a twelvemonth then, but nothing improper occurred. He met her again on Sunday, the 22nd July, and went out with her on the following' night. They went into the .Nairn-street reserve. Horace"- Graves was with the sister. .They lay down under' the trees. Immoral relationship followed. . The witness unblu'shingly told the court that lie had used a certain preventive which he showed Mabel. He told her, what it was for. He had no difficulty m achieving his purpose. The next day Miss Tonks ra,ng him up and asked him to come out with • her again that night. Me said lie could not get out. He believed she rang up Graves. He first heard m September, 1906, that; she was- m trouble, ~two months after he had been out with her. She said she Had been rtaking pills ' TO GET RID OF HER TROUBLE. .."' That was the reason why she left it 'so long befor6 :; writing to him. " vfcJhe taxed! him; with"? bfeing ' the father. He .said', ■ "Why did you not call before if y s ou: thought it was me. ' You know vety well I used something so it can't possibly be me." 1 There was no truth, m the. story about the pills. .He made no suggestion m connection with abortion •being. .brought on. . .Never saw her after .that N tq speak to. The witness went on to say that he had seen Clifford Arcus meet Miss Tonks since March, 1906. He had seen Arcus meet the girl outside the millinery shop where she was employed. A mam named Mitchell was with witness when he saw Arcus meet Miss Tonks. He told Mr iTonks ;that - Arcus i.knew something about the' trouble, as Miss Tonks had admitted •he was' the author of her pre ious trouble. By Mr Wilfoxd : Witness summoned Arcus as his witness. He didn't tell Arcus that he wanted him to save witness, and had not promised him , directly, or indirectly the sum of £17 ito give his evidence m such a way as would muddlb the Magistrate so that he would not know how' to give his decision. It was not a little game he and Arcus were having to pull everyone's leg. Henry" Mitchell, clerk at Ross and Glen,dinnings, arid a lellow-employee of Arcus'sf stated that he savf Arcus m 'the girl's company m June, July, or August, 1906. Horace uraves, law clerk, stated that he accompanied Robinson and the sisters Tonks to the Nairn-street reserve on two occasions. The date' was not May, but July, 1906. . To> Mr Wilford : Witness said he , KNEW NOTHING ABOUT A SUM OF £17 being, offered to Arcus, or any other witness. His Worship said, the only cprroboratipn was that between defendant and his own witness, who was one of the party who went to the reserve. As complainant had not called the other girl, her sister, to support her evidence, he must dismiss the case with £2 2s solicitor's costs. ..''"■■ Mr Wilford gave notice of appeal, and the security was fixed at £10 10s.