MAINTENANCE CASES.

Otago Witness, Issue 2085, 8 February 1894, Page 14

MAINTENANCE CASES.

Thursday, February 1. (Before Mr B. H. Carew, R.M.) At the City Police Court George Hunter was charged with failing to contribute towards the support of his father Thomas Hunter. — Mr W. C. Macgregor appeared for complainant, and stated that the latter was an old man of over 70 years of age. He had several sons, of whom defendant was one, and they all had refused to do anything to help him in his old ag*. — Mr Solomon said that he appeared for the defendant, and asked whether the cases against the other brothers were being heard at the same time. — His Worship observed that the cases should all be heard together, and it was accordingly decided to deal with them in this manner. — The informations against Thomas, Robert, and Donald Hunter were then read, Mr Solomon acting on behalf of all defendants. — Mr Macgregor went on to say that the complainant and his wife separated in 1880. They both bad lived on a farm at Brighton, and although the farm belonged to Mrs Hunter, the goods and chattels thereon belonged to Mr Hunter. These he made over to Mrs Hunter on condition that she should maintain the children. The latter had since grown up and were earning for themselves. Defendant, owing to a mishap to his hand, could not now work, he was dependent on the charity of his Bister, who resided at the Taieri. He had written to Robert D. Hunter* who lived in the Arrow district, and a reply had been received to the effect that if the sons were compelled to support the father the best plan would be to place him in the Benevolent Institution, and to pay 5s a week for his support there. The complainant had never done anything to support his children, who had to go to work when they were 11 years of ago, and if money were remitted regularly to him he would spend it in drink. Mr Macgregor added that he was instructed that the latter statement was absolutely untrue, and that it was a mere pretext to evade payment. — Complainant then gave evidence, saying that at the time he separated from his wife he made over to her all the goods, furniture, stock, &c. on condition that she maintained the children. He had been staying with his sister for four years, and wa3 unable to work. He admitted being in the same position now as when he went to his sister's place, four years ago. His sister was keeping him. He did a little work, such as driving the cows ; but he was not compelled to do it. — Mr Solomon submitted that the case must be dismissed. He contended that from the evidence given by the complainant himself it was plain he was not destitute, as he was exactly in the same position as he was four years ago. However, if he were destitute, the sons were unable to support him, as they could hardly keep themselves ; and to their mother they had to regularly remit moneys, as the income she derived from the farm was [ not sufficient to keep her. — Donald Hunter gave evidence that he worked at his mother's farm, which hardly paid a sufficient amount to keep him, irrespective of his mother, who had to be kept by her other sons. His brothers earned about £1 a week, but they did not always get steady employment — In answer to his Worship witnesß said that there were 17 acres under oats. There were seven cows on the farm, and the milk was sold to the dairy factory. — An order of 2s a week was made against each defendant. Michael and James M'Grath were charged with disobeying an order of the court, whereby they wore ordered to pay a weekly sum towards the support of their mother, Sarah M'Grath. — Defendants did not appear. — Mrs M'Grath gave evidence as to the earnings of her sons, and the amount owing on the order, after which defendants were sentenced to seven days' imprisonment, with hard labour. The warrant was ordered to lie in court for 12 days, in order to give the defendants an opportunity of paying up arrears George Robinson was charged with failing to provide his mother with support. — Mr D Reid appeared for the defendant. — From the evidence given by the complainant it appeared that she was not living with her husband. A week or so ago she arrived from Melbourne, and immediately issued a summons against the defendant and her other son without consulting them. She stated that the defendant was earning 6s a day. — Mr D. Reid, for the defence, stated that the husband was quite willing to support the complainant. The defendant was quite unable to do so, as he found that the amount earned was insufficient to keep himself and family. — The case was dismissed, and on his Worship's suggestion the complainant withdrew the information against the other son.

The steam launch formerly owned by Mr M'Kegg, of Henley, has been transferred to the Olntha. river by Mr Q, Thomson,