PATERSON v. SMYTHE.

NZ Truth, Issue 472, 4 July 1914, Page 6

PATERSON v. SMYTHE.

Mrs. Paterson's Evidence. (From .Wanganui "Herald,") r- Mrs. Paterson, the plaintiff, told the Court that she 'was married about, three years ago, living m Liverpoolstreet Extension, opposite the College, from then to date. The first matter dealt with was the visit to her of Hatrick on the second day of the March races; last year, and referred to by Mrs. Stewart m her evidence. Wit-' jriess,' together, with Miss Mpwlem and *Mrs. Stjewart, went to the races and when there she met Mr. Archibald Hatrick, who she had knoww for some yeara She was on terms of great friendship with him and always- refer"-, red to him, and addressed him as or "Archie." Witness did not at all absorb his attention as had been suggested. He came home to tea. After then Mrs. Stewart and Miss Mowlem left for the pictures, asking Hatrick/to stay and keep witness company as her- mother (Mrs. Mowlem) was not well. Hatrick agreed to stay. Witness had put the baby to bed and Bho was attending to her mother, an invalid — whei'n the baby woke up and Hatrick asked if he might go and quieten him.. Witness assented and Hatrick went into witness's bedroom to comfort the child. Mrs. Smythe then arrived, entering by > the front door,' and sho went to the diningroom, past the bedroom door. The door was open, but* there was no light m the bedroom, though the drawingroom opposite was well lit up and the door was open. Mrs. Smytho asked witness if she was alone, and she replied that Hatrick was there keeping her company while her sister and Mrs. Stewart were at the pictures. Mrs. Smythe left after about ten minutes. After Mrs. Smythe went the child cried again .and witness called out to Hatrick not to bother, but to take him , into the drawing-room' The child was still up when the others returned from the pictures, Hatrick leaving after supper. m The swimming sports mcl- j dent was* next touched on. About tho j same time as the races, Miss Mowlem and witness went to the swimming sports with a party of nine. When they got there they met Hatrick. Witness denied absorbing the attention of Hatrick on this occasion. Nothing else happened then. . The allegations as respecting the boy Miles were next referred to. Witness first became acquainted with Miles between the 7th and 10th of October, when the School was holding their military camp. One of the boys she had previously known, asked If he might bring some friends over. Witness agreed and among the «lx or seven boys who carao over was Miles. The next Sunday witness and Mia* Mowlem went to the School Chapel, a thing she had often done before. After the service they came out nnd Miles and another boy named Crosse, who had also boon at witness's wl:h the other hoys, met them. Miss Mowlem went down town with a lady friend and both boys escorted witness home. It was incorrect that Miles, took her home ulon«. Mr. Hutchison's que«llon« now took a turn m the direction of matters an affecting the use of the telephone. Witness recollected ringing up the young men mentioned by Mrs. Smytho m evidence yesterday. This wn*. prior to a party given by witness before her trip to Sydney. A«,!'uf them were acquaintances of wi'nesa.' Mr«. Smytbe never once denied, witness the use' of tho telephone, the only reference to regulations being- made by Miss Mowlem when Bho 'phoned to Fcildlng. Witness did not consider that .she had ever spoken "lUjhtiy" to young men over, tho telophone. as Mrs. Smythe had suggested. Early m October Mrs. Smythe, while VteUing witness, told her that she hftd! been told by a lady that it was onHrltness'w account that Hiurlck had b*en compelled to leave New Zealand. Witness's reply to Mrs. Smytbe was "Live and learn." Hatrlck left for America v few duyn ufter witness returned from a trip to Australia. Tho stitement which Mra. Smythe had communicated to witness. In reference to Hatrick, was absolutely without any foundation of fact. She hod not, since her marriage, carried on a filrtafon m any way with Hatrick. Ho vas only a. privileged friend of hers, j Reverting to matters with Miles, witness denied taring a whistle signal with Mile*. Tie "Policeman 1 * Holiday" whluUc wt* not an arranged one between them, bn It wa« one (hoy hud picked up from icarinj? (he other l»oyt» at the School vhlntlv 1 1. It being n well known cauh. Lato m Ootojrr Mr. Bove Khowod witneJM-an anoAymou* letter (tha; of tho 16th Octobtr). Bhu lutd a good Idea as to who ;wob tho writer af It. Between U*q v *TtttasaL ot fLnoso <,wo-

-1 letters Mrs. Smythe, though she had denied doing so, visited witness m he*, own home. Mrs. Smythe was m the drawing-room with Mrs. Mowlem when Miles came m through the front gate and passed down the side of th# house towards the back. Mrs. Smythe! asked who the boy was. Witness said," | Miles, and they asked her to stay and meet him. She replied, "I won't meet that boy for £5,". and then left. This confirmed witness's suspicions as. to who had written the letter. A few days later when witness .was entertaining a party of lady friends, Mrs. Smythe was present and had tea, ap- i pearing quite friendly. This was before the show on November 2. A little while after the show witness went over to Mrs. Smythe's. She ask- j led her how, she, had enjoyed thp show. Mrs. Smythe rep Wed that she had not; she never did when Mr. Smythe was with her. She complained that he had ] come home "three sheets m the wind." Mrs. Smythe also complained of the shortage of the money her husband allowed her, saying that he would not give her Is for tea at the show. He also, complained, she said, that the 2s she had spent could have been spent to better advantage. \ The allegations m the second letter, that to Mrs. Dove, were next traversed. , Witness denied the allegation of embracing and kissing Miles on' her back verandah. Nothing of" the kind ever . occurred. She had never "skylarked" with Miles, as Mrs. Smythe had .stated. The statement that witness had leaned out of her bedroom window improperly clothed aiid conversed with Miles was false, and she could think of no occurrence that would justify, such Statements. Tho writing on the blackboard by Miles and the yeading' of it,- by witness, as detailed by Smythe,' was absolutely incorrect, as' was also- his story about them embracing. ,If• he was working m his garden, as he said, he could not. have seen witness's yard, as two six feet fences intervened.- Miles had been over alone heaps of times, but witness was very seldom alone on those occasions, her sister generally being present. At no time had Miles spent a whole' afternoon alone with witness. The only time witness asked Mrs. Smythe Ito come over for an even ing was to the; party before vritn ess left for Sydney. The tale about "the good time with the boys" was fictitious} Witness often invited. Mrs. Smythe over, as she knew her home life was not of the pleasantest. She had told witness that if she had had tho money she would leave Smythe to-radrrow, but that ho had replied she could not do this as he would see" that she never got enough money together. The foreman of the jury asked permission to be allowed to vißit the locality, und asked his Honor to accompany them. . This was agreed to, the inspection being fixed for after the luncheon adjournment. MR. WILFORD'S CROSS-EXAMINA-TION. Mr. Wilford then cross-examined. Witness said that she had never, during the whole time she know Miles, mado an appointment With him. Miles always called witness "Mrs. Paterson." He never addressed her by her Christian name, . ■ ■■ Mr. Wilford then handed to witness the following telegram, dated 20th December last : — "Charles M lies— Meeting you Palmerston there for wjeek end— Vera." She said she sent tlto wire from St. John's, to Miles who was on the train. She did not regard the telegram as an appointment, though she latfjr admitted that it was. Prior to sending this wire to^ Miles she had received a wire from ...her husband, who had that day arrived m Auckland, telling her. to go to Palmerston for the week and take a room at the L Grand Hotel and meet him there when the Main Trunk express arrived at 3 !in the morning. She was positive sha received her husband's wire before sho wired to Miles. The wire to Miles wan «ent about eleven o'clock, the wire from her husband arrived a quarter of an hour previously. Sho had replied to her husband's wire, but he had never received- the reply. The reason Bho wired Miles was that she had previously uaked him . to dine with her husbund, and, that she wanted, under tho circumstances, to explain to him that she would not bo ut home. This was the third occasion aha hud wired to Mtlea. Both of thcno were to Chrißtchurch. The, reason who Blfjned her wlros to a boy, by nor Christian name niis bccuunc she was known !n . tho house aa Vera, though he never addressed her by that nn«ie. She had not sent wins to other boys over hor Chrlstiun ntime.

„." Mr. WJlford-— js Ahutjlje only reason you can give the ! jury, why you, v marriedwoman, should wire to a boy asking him to meet" you. and Bi«ning your Christian name, Yea.

On tho. dayof tho races, when Hutrtak tjaHittiJiome-to tea, witness's alster, *>r Jklrs, Stewart, suggested to him JtO tkeep her pompany. White they wore at tho ploturea, witness and Hatrick stayed In the drawlnir-room and talked. The conversation with Mra. Smuthc about Hatrlck and the baby took place that night Hatrlck waa m tho hbuso tho night before the rrfeca, and put the baby to bed, aa Mrs. fimytho had stated. Tho Collego boya were often at witness's house, but sho did not supply them with cigarettes. She had no recollection of having smoked cigarettes with MHoa. As a rule, aho did not smoke; -Lain, a Fijian, waa a frequent visitor at tho houso before ho left school. Sho never remembered the boy smoking at tho house. Witness denlod having over Wssod Miles, or that ho had done the same to her. She could not remember Miles putting his arms around her, Tho boys wcro always romping at tho house, and the only time witness squealed, as told by Sraythe. wa« when tho boys turned the hose on her and her friends. l, Mr. Wllford: How would Miles know when to come to your place?-— He came whenever ho liked. Mr. Wllford: I thought so. He waa welcome at morning, noon and night, and ho took advantage, of. that welcome? — Ye*. Mr. Wllford: You rwiHw ihls 1* v jM»t> In which you »re o*UlnK for dumo«i»i4 against Smytho?— Y*«. Tlwn why do you mak<» tho«« Insinuations against JSmythc? , His Honor: Witness Is not responsible for tho conduct of her case. You must call Mr, Hutchison if you iroat u>

find that out, Mr. Wilford. .- "If I, only had, the opportunity/ ytua the reply, and titters of laughter from the court. Continuing witness said that foe months, Mrs. Smythe had been very kind to her and helped her, and even after the letters took an interest m thebaby, she did not know of any actions of hers which could have made Mrs. Smythe change her attitude towards her. and make her write these letters against her. ' , Mr. Wilford: Don't you think it waa your conduct with those boys'?— J?o Do you think it fair that a* "married woman should allow the ruin' of her .home to boys?— Yes. • ' ■■ And make" love to you?— They ne^ver made love to me. r have always had gentlemen friends, v You are a pretty woman and a *emp-< tation to a young man. ' . v A His Honor: How old are these "Wata of boys"? ' . ■■■■.■■..■;. , > Mr. Wilford (to witness) : How -bid is" Charles? • . < Witness: Eighteen. ' ' rl " •.*'■■ His Honor: In my days school of these ages did -, not make love toy married women. Things appear to be .different now, however. You Mr. Wiljford, are probably a more recent 'authority on these matters than I. v Mr. Wilford yl have had a goo(J,.deal 6f experience, your Honor, m my. prac* V ' ttce at the Courts. ' "' ' T iMr Wilford (to witness) : Yc^u. want f the jury to believe your, story as to t^ie reason of your friendship with Mrs, Sraythe being broken off? Witness? I.have done nothing secretly or what I need be ashamed of m my Jde&lingsr .niflth. the boys. * - ' ?Jln Wilford: And yet y^u wired to H boy £o meet you, and signed youtt Christian name'

Re-examined by Mr. Hutchison? Witness never met Miles at Palmorstoii In answer to the wire. When her husband arrived, she told him of her wira to Miles. She did not know how tha wire to Miles got into Mr. and Mrs. Sraythe's possession. She saw no harm m signing her name as, wiUi the exception of the boys, she. was al«< ways called by that name. From the beginning, witness suapocted .Mrs. Smythe of writing tho letters, but it waß some time after that she became certain on the point. ' Mrs. Paterson left tho witness-box^ after being there for overtwo.hours an 4 a half, during which time she gave heif evidence dearly and distinctly*