AN EXTRAORDINARY CASE.

Otago Witness, Issue 2251, 22 April 1897, Page 11

AN EXTRAORDINARY CASE.

EX-INSPECTOR OF THE BENEVOLENT

INSTITUTION SUED.

A case presenting »ome very unusual features occupied the attention of the stipendiary magistrate (Mr E. 11. Carew) on the 14th. A w man named Mary Ttolliuson sued Kdward Favell (who

occupied till recently the position of inspector to tbe Benevolent Institution) for the recovery of the sum of £15 as money lent. Mr Ilaulon appeal cd for the plaintiff, aud Mr Mouat for the defendant. Mr Hnnlon, in briefly recapitulating the leading features of the case, stated that plaintiff was recently burned out. Her husband had been working for 12 months on the Otngo Central railway, and as she lost everything by the fire a subsciiption was laised for her. The sum of £23 in all was collected. Defendant borrowed'first of all £10 from her, stating that he owed £17 to Dr Glops who was pressing him for the amount. Next he asked her to oblige him with the loan of £2. Some weeks after he ag«in applied for lr-oney. He said that he had drown some money biilonging to the church (he was a churchwarden) and he had lost it aud he wanted to make it up. He got £3 on this occasion. About a month after he told her he was going "halver*" with a man in a whi3kv still, and he paid that in the course of some months he would get £25, from which he would p^y her, and he requested the loan of £2, which h* also got. At a different period he repaid £2. but the balance was still due. Plaintiff, being called, stated that her husband was James Kollinsou, and for a little over 12 months he had beeu employed on the Otagc Central. In February, 1896, she was bur.ied out She knew Mr Favell for about six years, whei she went to the institution for relief. She sa. him on the morning of the fire at the house of • Miss Raeburn, and defendant said that the Benevolent Trustees would do all they rould for her.

'J he trustees gave her three pairs of blunliets, ano that was the extent of the relief she got. Mr Favell called on a uumber of occasions after this, but he hud no business to transact with her. Au appeal was put in the paper*, and some j£2o was collected and handed to her by Miss Uaeburn. Ihere was s>.me debate as to whether the money should be paid over to her in a lump sum, and Mr Favell told her that he had recommended that it should be. He told them, he said, that he had known her for a lon/r time, and that she was quite trustworthy and could lay out the money herself. She al:-o got two other payments of £3 and £2. The first time she gave money to Mr Favell was when she mat him a 1 the corner of Albany and King streets on the Gtb. March, 1896, aftei she had received the first sum. She got it, she thought, on the 2nd March. He said, "You are quite a capitalist. What arc you going to do with the money?" Shu replied, " Buy furniture and put the rest in the bank." He said, "Cau yon lend me £5?" She replied that she only had £10 notes, and he said, " Could you make it £10 ?" She said, " It's a lot of mom y, you know." He haid he had a doctor's bill of £17

from Dr Gloss, who was pressing, and she opened the handbag aud gave him a j£lo note. He then talked of her buying furniture, and he paid, "I will introduce you to Mr Armstead. I do a good deal of business with him, and he will give you it as cheap as possible." She went down in the afternoon and got the furniture, Mie got no receipt for the money. She saw him several times during that month in her house. He did not cull in on business. On the 24th she received a visit from Mr Favell. A couple of days heforo she got £'.> l(is fiom Miis 1-Ueburn. Mr Favell had told her previously that Miss Raeburn had the moiit»y for her. When he called on the 21th he asked her if bhe would lend him £2 to help him through the month He had called earlier in the day, and there were three) or four women present as she was shifting. He wrote something ou a bit of paper, and put it on the mantelpiece. She opened it and read, "Cm you see me at 1 o'clock?" She said " Yes." She saw him at ] o'clock at Mrs Wilßon's shop in King street. They went into a side room, but did not see 31 rs Wilson. It was prearranged that she should not see Mrs Wilson. Mrs Wil&ou was there, however, as .someone brought lunch for both of them. It wns handed to him at the door, and comprised cbop*, potatoes and cauliflower, and alt- He asked her for a loan of £2. She said, "What about the other?" and he replied, " 1 will stive you a rf ceipt for both." His Woiship: How long were you there

altogether?

Witness : About an hour or an hour and a-half. (Continuing :) She &a\v him pretty nearly every day aftor that at her own house. On June 9he came wh«u she was ill in bed. IIU Worship : Was there anyone else in the

home besides yourself? Witness: Tbe nurse. (Continuing:) He asked - her in the bedroom, wheu the uur.se was in the kitchen, if she would do him a favour— a great favour. She asked him what he nmaut He said

he had diawu £'■! from the church funds and had lost it. Such a thing had never happened to him in his life before, and he would have to replace it. He >*aid he dared say he could t*et it from Mr Clu'.ee, but he did not care that MrCJlulee should know hisbuoiness She had £.] in the house, but she told him she could not give him the money just then. She said bbc had the money hid in the mattress. He baid he would call the f Mowing morning. He came on the following clay and .she gave him £'&. The nurse, whose name was Mrs Harris, and was plaintiff's sister, saw Mr Favell there. He u^ed to come to the house nearly every day, except Saturdays and Sundays. On the 24th July he called and told her about a plan he had to go "halvers" with a man to buy a worm to make whisky. She Baid, "Supposing you're caught." He said, "Oh, I have got a den at home, and I could make it in the night, and I have two places where L can sell it." He also said he could set IG* a gallon for it, and that he would have £25 at Jaimary, when he would pay her and have something over. She got the money for him out of the post office the same day, and paid him the money at the house of a •Mrs Jjennyworth where she told. him to meet her. Mrs Benny worth asked him to have a cup of tea, and he said, "No."' Mrs Bennyworth went out to get a cup of tea for witness, and when Bhe was away shs paid him two sovereigns. He said, " I am so glad you did not fail me, as I have ■ to meet the man at a quarter-past 7 to-night." I That was all the money she lent him, and sh»

never got auy acknowledgment iv writing in re apect of it There was no conversation about the repayment of this money till towards December, when witness smd she was going to the country fur a month. He (-aid that he would lee her when she came back, and he would see in the meantime what he could do to pay her back. She came back on the 4th January, and sent for Mr Favell on the 6th to meet her at Mr* B«*nny worth's house. He met her, and they had lunch there. She asked him about the money, as her husband wanted to know what she had been doing with the money. He said, "It's all right ; lam going away, and I am going without my usual new suit to get a few pounds together, but I think now I shall leave it till I come back from my tour." He also said he was going to pay his owu expenses, an wonl pay her out of th^ institutiou for his trip. While he was there h' vhusbaud called and asked if she was there. She went out, and bhe wanted him to go home and get some money, as he wantod te go to Poi She %wvq hi'i the money and went away. He kicked up a bit of a row about her being there, but of coursa he did not know that Mr Favell was there. Mir Favell sai't he wouldgo away and see Mr Chilee, aud Sf c if he could get away as soon as posbible oa his tour. She received a letter from Lawrence, which she burned. He piomised to see her aa >-oou as he came back, and he told her to write any time after Monday. She wrote a fow lines tehim. Mr Hanlon : Have you got that letter?

Defendant : Never got a letter.

Witness (continuing) : Mr Favell was back for some time before she saw him. She saw him in the hnll of the B -nevolent Institution office on February 17. He was writing. She was funding on the opposite wide of the street with Mrs Bennyworth. He looked ah them, but took no notice of them. Witnesi was so taken aback that she neut Mrg Beunyworth to him. She crossed over, aud Favell came to the door and told her something. Witness met him that night, at 8 o'clock »t the overbridgc. From what Mro ffentiywoi th had told her she wrote a letter to Mr Favell, seeding it to the office of the institution by Mis Benny worth's little girl, usking him to meet h<« at the overbridge. He sent a leply back that he would bo there if possible. She went with Mrs B'>nuywortU to the overbridge aud saw Wr Fa veil there. Mrs Bennyworth did not hear vrlut wn< said, but sho •<aw him. She stood at tb<- corner till they were done talking. Mr Favell a»ked who she. had with her, and she replied, " Only Kate. Won't, you come up and speak to her ? " and he said, " No . I haven't time. lam on my way to see Mr Solomon, the chairman " She a^ked him if she would be svire to see him the m>xt day at Mrs Bem*y« worth's, aud he Baid, "YcV Thsy p.*rtod then. Mr Hanlon : Was anything said about tnouey ?

Witness : I asked him why ho kad not kept'bis promise. He said lie had !iot time ; that he w:kh bu«y. Continuing witness said : He_ ciiiteu ab Mrs Pennyworth's the next day, and \yitne^gi-.vo him the bill. Mm Harris was sewing in the room off the kitchen. Ho came in and sat down at. the kitchen table, and witness gave him his bill, which was for £17. He i<aid, " I didn't tbhilj it >f*s so much a> that." She said, "Oo you wish me to read the items," and he s»i«\ "No ; I wouldn't dispute it be'ore the highest tribunal." Witness say , " I don't want auythiug from y.ui ; all I want is my i.wh, Surely you will give me that?" He said, "Do you think I would do you out of a penny-piece of it?" She r plied, "It looks like it when you don't keep your appointments and you don't keep your piomws." lie said he thought she was in a verybai) temper, and he would 6ee what he could do in the meantime. Ho said he had been trying to bouow £10 but could not. lie went away, taking the bill with him.

Mr Haulon : Have you got the bill, Mr Mouat?— Defendaut : No, I have got no bill. Witness continuing said that she next saw him on February 22 at the corner of Castle street. He said, "I have been to Mrs Benny worth's, but you weren't there. Here is a pound." He gave her a£l vote. She asked him if he would come round to Mrs Benny worth's, and she would Rive him a receipt. He -aid he had uoti time, but he would see her as soon as possible and givi- her some more mftney. She asked him when he would do so, and he said on tbe Friday. She, however, could not see him at the tiiuo appointed owing to some people coming to yisife her from Oamaru, so she s'jntaleiter by her sister to Mr Favell's house asking him to see her at another time, and stating that the thing would have to be settled ov she would put it into tho lawyer's hands In consequence of what Mrs Bennyworth told her ahe went to the gardens and met Mr Favell at the bridge. He asked her what she meant by that letter, and stated tlmt ho would not have that woman coming to his house and to the office. He said she nearly " blew the gaff" on him, and had taken the ground from under her feet. He added, " Here's a pound," and he said be would have to repay £20 to borrow £15 to pay her. She wrote to him a week after asking him to come to her house. He did so, and she geve him a receipt for £2. Sha then handed him a pen and paper ftud at-ked him to give her his hand of not«i that h* voiild pay the balance He said, " A school cLjM would know that was not legal. If you p:-«u roi I will bring you a proper pi-omisa^rv B'-tr. to-morrow." Shp sn.i6\ ''All I can do la t*. tresS to your manhood to pay for it." He et-n-rrt-c, "You had confidence enough to l-.n-l ii«e ih. Have a. little more, aud you will get it !»'!(. H« came again on the llth. and said hrt and ,iw« news for her— that a friend was. go:*.;* to hv4 hiui the money,— and askcl her to meet him oil Salcpday night at S o'clock. She agraed t thi«. On Saturday morning she got an unsigned letUr. written in Roman figures, stating that Fa veil had gone to .Sydney. She never spoke to him since that time. She afterwards got a letter from Favell's solicitor threatening proceedings acaiuiS her for levying blackmail. Witness took tha letter to Mr Hanlon. The case was then adjourned to the 27th iait.

At the census taken this time 12 monfihff. there were 85,622 bachelors aged 20 years and upwards, and 87. 408 spinsters aged 15 years and upwards, in the colony. Pat : Ah, Biddy, me jewel, I love ye, It's you that's the sweete=t colleen ] Why is it ye trate me ko coldly ? Shure, yerself just like this I've ne'er soea. Don't be hiding yer face in your apron, Don't sniffle as though ye were sad, And yer voice is so hoarse 1 don't know it-» Oh, Biddy, yer driving me mad ! Biddy: Bad luck to ye, Pat, to come wooing A maid in a manner so bold, When her face is swelled out like a praty With the divil's own taste of a cold 1 Take your arm from my wp.ist, or you'll make me Just cough till I'm shakin' the flure— — PAT i Whist! now, O'ill be back in a lninuts Wid WOODS'S GKEiiTEPeBRMIIfS OOWit

THE MASONIC JtJIULES. x The regular meeting of the Lodge of Ofcago, No. 844-, 8.C., which wa* held on Wednesday evening, 14th, was attended by nearly 300 memWa of tho craft. All the lodges of the English, Irish, and Scottish Constitutions were fully represented, while the R.W.D.G. M. of Obago and Southland, E.C. (Bro. T. S. Graham), with the R. W.D.G.M. of New Zealand South, S C, (Bro. James Gore), and the officers of their reBpeotive district grand lodges were present. In addition to th?se were many old past masters and district grand officers, who had assembled to witness the commemoration of the Masonic jubilee of Bro. Sydney James, D.G. secretary and P.D.D.G.M. of Otago and Southlaud. The Masonic choir and orchestra were also in attendance, and rendered some appropriate music during the evening.

After tho despatch of the routine business, the W.M. (Bro. G. Barclay) expressed his aud that of the lodge at seeing Bro. James in their midst on the occasion of bis completion of 50 years.' Masonic life, 38 of which he had been a ruling member of the Lodge of Otago. As a mark of tho appreoiation in which the lodge held Bro. James, he moved tbat a record of that fact be entered on the minutes. This war carried unanimously, and the W.M. requested the R W.D.G.M. Bro. *S. S. Graham, to present the W. Bro. Jsrnos, in the names of the brethren of the English, Irish, and Scottish Constitutions, with & silver tea and coffee service, a handsomely silvermounted walking-stick, and brooches for each of his daughters.

The R.W.D.G. Master said he felt highly complimented at being requeued by the members of the three constitutions to present the W. Bro. James with these tokens of the esteem and regard in which he was held by .them. It must be a source of great pleasure to Bro. James to be the recipient of such tokens of esteem from those who had known him sa long as many present had. Bro. J*mcs had been a. leading spirit- in Masonry for many 'years past, and the presence of such an .assemblage of the brethren was a very great compliment both to Bro.- James and himself. On an occasion of this kind it was right that he should call to mind the many Masonic services rendered by Bro. James, who was still as persistent as ever in the discharge of his onerous duties, and had ever been roost zealous in the fulfilment of his duties as District Gcand Secretary and adviser to himself as Diatrict Grand Master. — (Applause.)

The R.W. Bro. J. Gore.D.G.M. N.Z. South, S.C., had also much pleasure in being present on the occasion of Bro. Jamei's jubilee. He fcad the pleasure of Bro. James's acquaintance for many years, and considered him one of the most cosmopolitan of Masons, for Bro. James was ever ready to give aid and advice to members of any constitution who required assistance, which •was alwayß freely given. He trusted Bro. James would long be spared to be in their midst.

W. Bro. M. W. Hodokins, one of the oldest pftftt masters of the lodge, also spoke in commendatory terms of the great services rendered by Bro. James, and alluded to the presence in lodge that evening of Bro. M'Naughton, who 38 years back was its outer guard.

The W. Bro. C. de Longuetillk Ghaiiam, president of the Board of General Purposes, desired to gay a ftw words in reference to his old friend Bro. Sydney James, whom he had known and esteemed for the last 31 years. During a man's lifetime there were days noted by their grand significance and by the everliving remembrance they had, and this was always a source of pride. There was, ho considered, a legitimate pride on the present occasion, which was unique in the Masonic -annals of this colony. They had act to celebrate the fiftieth anniverE&ry of admission to the craft of ' one of their most esteemed brethren — the founder of the lodge in which -they were assembled, the officer who first consecrated and dedicated it, and who was as ' ready now as ever to bear his share of the heat and burden of the day. As & proof of devotion to the craft, and in many instances his gelf-SEcrifice, the speaker cited one or two instances of Bro. James's gecero-ity well known to all the members of the Board of General Purposes — acts of generosity, he said, that would convince them all how worthy Bro. James waa of the honours conferred upon him.

The articles presented to Bro. James bore the following inscription: — "Presented to Bro. Sydney James, P.D.D.G.M., by the brethren of the English, Irish, and Scottish Constitutions on his Masonic Jubilee. 15th April, 1897." The W. Bro. D.D.G. Master Bro. James, in reply, said he could hardly find words sufficient to express his gratitude to the G. A O.T.U. for allowing him to meet his brethren on this occasion, and to thank them for the honour they had conferred upon him. It afforded him great pleasure to see on the occasion of his attaiuiug his fiftieth year -«pf Masonic life so many of his old friends and brethren present to do him honour, and as there were many brethren also present who did not know all the circumstances connected with his Masonic career, he would state for their information that he was admitted into Masonry ou the 15th April, 18*7, in Lodge St. Matthew, No. 786, at IVulsall ; was ex»ited to the Royal Arch degree on February 2, 1855, in the Australian Chapter, Melbourne ; held the position of fF.M. of Lodge St. Kilda, Melbourne, in 1857-53, .pad wai perfected in the Metropolitan Chapter of Rose Croix Masons at Melbourne on April 2,1858. Ab statistics were at all times very dry reading lie would spare the brethren the number of brethren he bad initiated, the certificates he had iisued, and other detail work of his office, but would content himself by observing that on all public Masonic occasions he had taken his part and prepared all the necessary details for the work ; while, besides doing this, he had in 1869 laid the fouudnUoß gtouo of tho. AtUen^um

building. He mentioned this as an incentive to jouog Mason", many of whom ho saw around him. He uexfc had the copy of a letter addressed by him to the editor of the Freemason. London, under date of February 12, 1897, explanatory of Masonic matters which had occurred in New Zealand daring the l»st cix jeir6, aud after reviewing the letter said : — "The three Gr»nd Lodges in Great Britain and Ireland have hitherto acted together, why should there ba any difference on this occasion ? and am I who have been in peace, love, and harmouy with my Irish and Scottish brethren during the last 35 years in this province to be no" at enmity with them, for, to speak plaiuly, the want of simultmeouq action on this question leads to nothing else ? It would appear from the discussion iv our Grand Lodge that the words Scotland and Ireland have never bern used, and that they have forgotten they have sister Grand Lodges c'.ose f.t hand with whom thoy have hitherto acted. Now yo'i know, brethren, thai in this immediate district tbe I.C. and the S C. loilge* conjointly are more numerous than the 8.C., so you see the position in which all parfcien are placed." Bro. Jameß also expressed his regre*; ab not seeing present ou that occasion eotie with whom he had acted in years gone bye. Ha had already ailuded to them in a manner which he trusted they would take as meant—viz., charitably. If they did not se9 everything eye to eye there was no reason why they should quarrel, svnd he hoped they would take everything he had said in the same manner in which it wa? meant. After specially thanking the W.M. an rt members ot the Lodge of Otago and the R W D.G. Master, Bro. James alludod bo the presence in the lodge that evening of a number of its old Past Masters and their first Tyler. Again thtnking the brethren, he resumed his goat.

The lodge was afterward* closed in duo form, and the brethren and visitors adjourned to the lower hall, where "» couple o£ vary pleasant houra were spent.

The usual loyal and Masonic toa3bs having been duly honoured,

Tae W.M. proposed " The Health of the W. Bro. S. James," which was enthusiastically honoured.

In responding to the toait Bro. Jamrs gave some very interesting particulars of his Masonic cwear, and instanced a remarkable fact — the formation of his mother lodgu (No. 786) at Wslsall, in which members ot hi» family were maiuly instrumental, together with an unexampled circumstance in it, which took place iv 1851, when the candidate initiated and all the officers were of the James family, being either sons or nephews of the candidate. All the sons of the candidate, s«d Bro. James, are dead ; of the nephews, John J*mes is Pash Grand Master of Victoria and representative oE the Grand Lodge of England thprein ; Frank Jfimea is Past p.P.G.M. for Sb&fford shire, and the other was himself. Bro. James next disclosed the real name and identity of the late Julian Thomas — as mentioned by us on Thursday. A large number of telegrams and letters of congratulation have been rrc9ived both by Bro. James and Lodge Odago, and it is plewsiug to note that among them are some from brethren high in office in the Grand Lodge of New Zealand.