LAND AGENT'S LADY LOVES

NZ Truth, Issue 818, 16 July 1921, Page 5

LAND AGENT'S LADY LOVES

, APPEAL FOR AFFILIATION FAILS

Girl Mother's Demise

DATES THAT LED TO DISMISSAL OF CASE

The affiliation action, m which the Education Department sought tji have the paternity of the illegitimate child of Hilda E. Lowrie, fixed upon Jamds Robert Hill, land agent, Auckland, was continued last week, before Magistrate McKean. Senior - Sergeant Rawle appeared for the Edu- . cation Department and Lawyer Moody for Hill. ' The . proceedings were commenced the previous Friday, but after certain evidence had been given, the question cropped, up as to whether the statement of the mother, who had since died, and which was not made on oath, should be admitted as evidence- The girl-mother had made two statements, one to the matron of the Salvation Army Home and a second to Con- , stable Barnes. When the case came on again last Wednesday his Worship said he had decided to admit the statements. The statement of the girl made to the matron at the Salvation Army Home was as follows: "About twelve or fourteen months ago I met Mr. Hill at my sister's house. Later I went to work , for the firm of Hill, Drake and Co. Either September or Octdber of last year, on a race day, Mr. Hill came to my sister's house m Onehunga and asked us— my sister and I — to go to the races. ' He stayed at my sister's to lunch, and as it was • too late to go to the races — my sister could not go-|-I went with him to one of the beaches across the water. , He kissed me, but otherwise, did not act improperly that day. About a week after ' this I was at the office when Mr. Hill showed me a piece of paper with the name of a place, I think Glenfield, and asked me if I thought I could find it. I told him I did not know, but; suggested he should go and I would mind the office. However, we decided to lock up the office, and we went across m the ferry-boat. We had a long: walk to where the house was he wished to see, and we took a short cut over the hills. I was very hot and tired, .and we sat down m the shade." The statement went on to say that intimacy took place twice that day, and that" about two months later she mentioned to Hill that she was enciente. He brought some "WHITE THINGS IN A BOX," which she refused to take, and threw ih the waste-paper basket m. the office. It was shortly after this that she left his employ. I " The statement was ' signed Hilda Ellinor Lowrie- ' Sem\-Sergt. Rawle said that he ..would call further evidence. His Worship; I thought you closed your case? ■ \ ' Senr.-Sergeant: No, I did not finish my case, but mentioned that that was all tMe evidence I had then. Dr. Lindsay said that on May 28 last a yoking woman named Hilda Lowrie was admitted to the hospital. She gave. birth to a full-time child and died a few hours later. John Arkell, clerk of the Magistrate's Court,' said that on April 14 last, Hilda E. Lowrie swore an information alleging that . James Robert Hill, land agent. Exchange- lane, Auckland,^ was the father of her unborn illegitimate child. . The girl produced a letter to the Magistrate. The letter (produced) was the one. (Mr, Moody objected to the letter going m and hi^ objection was noted). Thomas <W. Dinnimore, seaman, said that he was a married man, and' part of the house he occupied was let to a Mrs. ■ Over. James Robert Hill was the agent for the house, and twelye months ago Hill brought Mrs. Over and her sister there. Subsequently Hill was a pretty Regular visitor to the house, and witness had known him to sleep there. Witness's wife objected, to Hill's presence at the house, and when witness spoke to Hill he was told to mind his own business. Hill introduced Mrs. Over as, his intended wife, and continued to visit the house- There was much noise, and often witness complained, but all he got was a notice from Hill and also from a solicitor to quit the j house. Following this, witness met j Hill m Queen-street, and they were quite friendly. Hill mentioned . that Hilda "was like a sack," and added, that if he had the money she had earned since she left his office he would be at the races. In the course j of the conversation he further < said that on one occasion at the house he was nearly caught m the bedroom with Hilda. Hill asked if any men came to the house, and witness replied m the affirmative, adding that he objected to them ' coming there. , Mr. Moody: During the time you Were m the house men used to call and' see them? — Only Mr. Hill, and two others that I know of.- ■ I suppose it is correct that Hill was keeping- . company with Mrs. Over? — He introduced her as his intended wife. How long were they keeping company? — Some months. And they used to go out together? — The two girls generally went with him. You were annoyed when you got notice to quit the house? — Yes. ■And you went to his office? — Yes, to pay the rent.- He got angi-y on account of me not quitting, and. put his fist m my face. . When Hill ..slept at the house was it when he was keeping company with Mrs. Over? — Yes." Was there a man with a motor-bike calling at the house? — That was the young man Wells. You ordered him out of the house? —No; I ordered Hill out of the houseWhen? — It was some time ago, and he hit me m the passage. . ' Was anyone else present? — Yes, Mrs. Over. s ■ Well, "she, hasn't told us anything about it. Why did you order him out?— Because I did not . want his company m the house. Anything else? — Yes, he threatenedto put us out m the street. ! \ You saw nothing improper m Hill's conduct and all you objected to was him staying late?— Yes. \ What time used the girl ( to come home at night? — Fairly early. When out with Hill she did not come home late. After Hill ceased coming to the house you had occasion to speak to Miss Lowrie about boys coming to the house? — Yes. ■ . •' Did you know- a man named pam-. eron who used to visit house?— Yes, he came to see Mrs. Over. Did you object to his conduct? — Not to his conduct, but to him coming to the place. Wlhen was it you ordered young Wells out of the house? — I never ordered him out, but told* him I didn't want him coming- there. When was it? — About three months ago. He told you he had known Hilda a long time? — He said he had known her a couple of months. . Re- cross- examined by Senior-Sergt. Rawle: Hill led him to believe that he had the girl Hilda m a room with him when MRS. OVER NEARLY CAUGHT HIM. v Sarah Dinnimore, wife of ,the last witness, corroborated his evidence m many details. She said that when Hill was first visiting the house she understood he came to see Mrs. Over,

but afterwards it was Miss Lowrie he called on. Witness had seen Hill nursing: the girl Hilda on his knee. In September last Mrs. .Over was ill, and only occasionally Hill visited the place then. ' One night, about 5.30 o'clock, or nine o'clock, Hill came to the house, and witness inquired what he wanted at that time of the night. He replied that he wanted to see Miss Lowrie, and that it was no business of witness's as he could come to the place when he wished. He also mentioned that he would gfve witness a week's notice th& following day. Witness once heard- Hill and Mrs. Over having* a row. Mrs. Over said something- to the effect that she did not ■want Hill, and he replied, "Oh, well, if you won't have me, Hilda will." Mrs. Over then said, "You will be had up for chicken stealing-." At that time Hilda was barely seventeen. To Mr. Moody: She and Mrs. Over had frequently spoken about the case, and she had refreshed! Mrs. Over's memory as to dates. Her husband had .objected to the men calling" at the house, but it was not because of any sky- larking- or fooling- about. Mr. Moody:; Mrs. Over was keeping company with Hill, wasn't she? — It all „ depends, what you call 'keeping", company. He introduced her as intended wife,' but Mrs. Over said (aside), "I don't think." When, was it that you saw Hill nursing" Hilda on ' his knee?— J don't know for certain. ' It was September or November. You: have kept all these incidents bottled up? — Would you forget it? You have discussed the evidence given by Mrs. Over with her? — She told' me. ■■• • . ; Re-cross-examined -by ' the SeniorSergt.: Did you ever see. Cameron with Hilda on his knee? — No, he was too much of a gentleman for that. This closed the case for the Education* Department, ■ • His Worship (read-ing the letter put* m): Is this the statement you wanted put m? The Senior-Sergt: That is a statement taken by the matron of the Salvation Army and it was subsequently read over to her by a constable, and m the presence of the matron" the, girl admitted it was her statement. At the same time, the -girl made another statement to the constable. This was duly written m his book, and it! your Worship desires it, I will call the constable and have the second statement . put m.. She repeated the statement she 'had previously macie to the matron. I am quite prepared to ca"ll» the constable and put it m. His Worship thought it should be put m. '." ' Constable A. Barnes . was then called. He said that on April 15 he read the statement already put -in over to the girl and she admitted that it was her statement and her signatureWitness then took another statement from her. Mr. Moody asked whether his Worship considered there was a case to answer. His Worship said he did. Mr. Moody then went through the evidence and -said that one important point he wished to draw attention to was that" the mother of the child definitely stated m her statement that the only occasion she alleged intercourse took place between Hill and herself was about a week after the Avondale races. These laces were held on September 25. and October 2, and the evidence of Dr./ Lindsay was that the child was a full-time child. Counsel said that th'e period between the Avondale races and May 28, the date of the birth of the child, was just eight months. According to the girl herself the period, at the y^ery outside, between the DATES THE GIRL, GAVE and the birth of her child was 237 days, and as the medico witness said the child was a full-time child, counsel submitted there was no case. His Worship said the difficulty -..was that, he could not presume things, no matter what he thought of the relations that may have existed between Hill and the girl. The girl's statement was definite that the act occurred about a week after the Avondale races in' September. However, he would adjourn the case till after lunch m order to give an opportunity to definitely learn the date of the Avondale races. ■ ' When the court resumed. Senr.-Sgt-Rawle said that during the luncheon adjournment he had communicated with Dr. Lindsay by 'phone, and Dr. Lindsay had told him that it was difficult; to tell an eight months' old child from a full-time child. His Worship: But m his evidence he said it was a full-time child. TheSenr.-Sergt: I admit that, but it was not said m answer, to direct questioning on the matter. I would ask your Worship for an adjournment to enable me to call medical evidence on the question. . Mr. Moody • strongly opposed any further adjournment- He said that any medical man should be able to tell a, full-time child from an eight months' child. In this instance,, if the child was a full-time child conception must have taken place from fortythree to fifty-three days earlier than the time stated m the statement. His Worship said he did not think it fair to grant an adjournment. There was the girl's definite statement before him that intimacy occurred m September or October, and there was nothing m the statement to show improper relations between .defendant and the girl prior to that time. There was also the doctor's evidence that the child was a full-time child and on the .evidence his Worship, said he could not make any order. Th.c information would be dismissed.