SUPREME COURT.

Taranaki Herald, Volume LXV, Issue 146000, 5 December 1917, Page 7

SUPREME COURT.

TO-DAY’S PROCEEDuxttSj, When the court resumed this morning iife Honour stated that the costs in the oaso of F. A. Bndgemau amounted to £9 11s Id. Addressing the prisoner, the Judge said that ui consideration of his previous good character and the recommendation of the probation officer, he would deal with uim leniently' and order him to come up for sentence when called upon, and to pay tho amount of costs, vie would, also have to pay the value of the gelignite stolen (all;, but that was a matter tor tne Crown to deal with without any intervention of his at the present stage. Air. A. H. Johnstone intimated that time would not be required lor payment of the costs. Ills Honour said he could quite understand—although ue couKl not sympathise with the tact —tnat the apparent looseness with which the gelignite was dealt with had led the prisoner to appropriate some of it. He lelt sure tnat the xitisouer would profit by the leniency with which ue was now being treated. ■ V. alter Sutton, who had pleaded guilty to making a false 'declaration tor tue purpose oi procuring a marriage certificate, was also ordered to pay tue costs of the prosecution (£2O is 8d) and to come up tor sentence when called upon. Mr. A. A. Bennett stated that time was not asked for. His Honour, in discharging tho prisoner, said that a circumstance in nis favour was that no harm was don© to anyone by tho false statement that ho was a bachelor, whereas he had already been married, as Miss Beet was aware of that fact. Ho had also not denied the offence and on being charged in the Supreme Court had pleaded guilty. FALSE PRETENCES CASE. The hearing of the charge against Mercia Naughton was then resumed. F. B. Peart handed in the agreement'’ purporting to be signed by bliss Vesper that she would never bother him again for money or help, and that he would be a free man.

Ellen Vesper, unmarried woman, at present residing in New Plymouth, said that in October, 1914, she gave birth to a child, of which F. B. Peart was the father. In order to hide her shame she adopted ‘the name of Mrs. llerherington. She had £4 or £5 in cash when she left Auckland in February, 1916, and she also had £9O in the Auckland Savings Bank, which she drew on coming to New Plymouth. She first had a room in Vivian Street and: met Airs. Naughton there. Witness told her that she was looking for a house. Airs. Naughton informed her of an unfurnished house in Morley Street and this she agreed to take, and the furniture she was to purchase from the Naughtons for £BO She paid £2O down, and the balance when the money came from the Auckland Savings Bank. Receipts were given. She decided to let rooms, and the Naughtons look two," agreeing to pay 1 10 s a week.' When Mrs. Naughtpn took pher to see the landlady, she introduced witness as her sister. They stayed at the house 3 or 4 months and then went to a bigger house in Vivian Street, which was taken in her name. The arrangement at Morley Street had been that witness was to pay the rent and the Naughtons supplied v her with meals. After removing to Vivian Street, several bills came in which she was unable to pay, one being! from, the Express Company for the transfer of the furniture. She had to go out washing and cleaning, hoi - earnings while in Morley Street averaging about 16s. ,Sbe was able to pay the first month’s rent in Vivian Street but could not pay any more, as every penny of her earnings was taken by Airs. Naughton. This was because witness had now taken over a further £3O worth or furniture from the Naughtons. Airs. Pearn, who collected the rent, did not complain .about her being behind with the rent, but Airs. Naughton said she would turn her out of the house. She also said that if she didn’t pay for the furniture she would take her to the police station,. Ope morning [Mrs. Naughton told her the detective had come to ask about her and that she was likely to be taken to the police station. Witness confessed everything to Airs. Naughton, and told her the name of the father of her aiiegitimate child. An arrangement was made whereby witness was to hand back the furniture, and her weekly earnings went to Airs. Naughton for the upkeep of herself and the boy. When Air. Peart came down hero and paid £2O to Airs. Naughton for the adoption of the boy he also gave witness £5 on the understanding that she was going to Raglan. She handed this over to Airs. Naughton directly Peart left the room. She had had no real intention at any time of having the child adopted, and when Peart paid Mrs. Naughton the £2O on the understanding that the child was to ho adopted, witness did not dare to say anything as Airs. Naughton had ordered her not to. She -was under Mrs. ''Naughton’s complete control and was absolutely afraid of her. His Honour; You evidently considered yourself her prisoner?—Yes, I did.

Her slave?—Yes. Why did you submit to it?—Because she told me 1 would be taken to the police station. Once I said I would go ; but she said I would never have my child any more if anything was known. Why didn’t yon consult Peart?—Because Airs. Naughton told me that if I did she would turn me out of tho house. She said that I was all right so long as I was in their house, and that they would shield mo, but if I was not there the police would learn everything. Continuing her evidence, witness said that when she found her boy was being badly treated she arranged to have him kept in Mrs. Bielby’s licensed home in New Plymouth at a cost of 10s per week, which she paid regularly. Airs. Naughton wrote her a letter from Hawera telling her that Peart had paid £7O in connection with the child, and that she considered they (the Naughtons) were entitled to the last amount paid, in consideration of their upkeep of herself and the boy. [The letter also said: “I have told a terrible and most abominable lot of lies for you,” and contained references to “all that beautiful furniture you got from us,” also requests for certain statements by Aliss Vosper in writing to the effect that she herself received all the money sent by her brothers, etc.] To Air. Billing, witness said her brothers sent from £lO to £l2, and Airs. Naughton took the lot. Air. O’Dea: When you first met Mrs. Naughton you said you were a- widow and that your name was Hetherington? —Yes.

.When did you take that name?— When I was in Auckland.

In your letters to Peart didn’t you sign yourself Mary 'Wilson?—Not that I can remember.

And he signed himself “Willie Wilson ” —Once or twice.

Didn’t you tell Mrs. Naughton that your husband was a miner and that he died in Christchurch ?■ —No, I don’t think so. You introduced Peart to Mrs. Naughton as a missionary?—No, 1 never said he was a missionary. In answer to further questions, witness said .she borrowed £35 from Peart when she was in Morlcy Street and paid it back out of the money' from the Auckland Savings Bank. When witness was unable to kcqpjip the rent of the Vivian Street house, Mrs. Naughton took it over and paid the rent. Prisoner then took all her earnings a.s payment for keeping herself and the boy. Mrs. Naughton gave her a new blouse and a now pair of shoos, also a costume that had been worn inker, a cast-off hat, and some other old clothing. Prisoner told her that she, with her boy, could have a home with them a.s long as she liked, but she did not like. She was frightened to do anything except what Mrs. Naughton told her, as the prisoner gave her to understand that she was saving her from the gaol. She did not at any time see or write to Peart other than by her permission or at her dictation.

Re-examined by Mr. Billing: I had a good stock of clothes when J. came hero. Before I went to stay with the N’aughtons 1 never had any trouble in getting money from Peart lor maintenance il 1 needed it

Alary Jane Bielby, keeper of a registered home in Dover Street, said she received Ellen Vesper’s child in April last, and was paid 10s per week. No premium was given. She had not met Mrs. Naughton prior to the previous hearing, and had not been approached by her to adopt the child.

Plain-clothes Constable T. Fitzgibbon stated that he interviewed Mrs. Naughton at Hawera on October 29 last and told her that allegations had been made that she had sold to Miss Vesper a quantity of furniture to tho value of about £BO, and had taken it bark again. He also told her that allegations had been made that she had received sums of money totalling £7O from F. B. Peart fur the purpose of having Miss Vesper's child adopted. She made a statement, which he took down in writing, and in which she admitted selling the furniture and taking it back again, but said Miss Vesper- agreed that she should have it back. She also admitted receiving the £7O for tho purpose of adoption, hut said that before tho money was paid Miss Vospcr agreed that tho child should be adopted, but after it was paid siie would not agree. She said her husband knew nothing about the transaction and did not address tho envelope of one of tho letters which she wrote to Mr. Peart. This concluded the case for the Crown.

PRISONER’S EVIDENCE

Alorcia Naughton said she was the wife of Constable Naughton, and lived at Ha. wera. Aliss Vospcr told her that her name was Airs. Hetherington, that her husband had died in Christchurch and left her penniless and without a friend in the world. Sho asked witness if she know of a house which she could take, and witness accordingly introduced her to the owner of a house in Morley Street. She told the owner that “Airs. Hcthcrington” was her sister, thinking it best to tell the lie, as the owner was very particular and would not have let the house to anyone she didn’t know. Witness paid Aliss Vospcr 10s a week for their two rooms, and she also kept Aliss Vesper and the child. When they moved to Vivian Street Aliss Vesper only paid the first fortnight’s rent, and witness had then to take over the house. Before getting a position in the municipal offices Miss Vospcr paid her 6s a week, and after sho got that position she earned from 16s to £1 per week. Aliss Vospcr put the money each week on the mantelpiece. AY hen Aliss Vosper wanted any she would take it, and if witness wanted any she also helped herself. The amount witness took would be about £2 a month, perhaps a little more. When in Morley Street Miss Vosper paid only £3O for the furniture. How she found out Aliss Vesper’s secret was one morn hag when sho heard the postman whistle, and looking through the bathroom window, saw Aliss Vosper get a letter and put it iu her blouse. When Aliss Vosper went cut to the back witness asked her if there wore any letters, and Aliss Vosper said “No.” Witness said, “1 saw_ yon put one in your blouse.” Aliss Vosper replied, “No, it was my handkerchief.” On further questioning Aliss Vosper confessed that she had deceived her and that her name was not Hetherington. She did not tell her at that tunc the name of the father of the child, fine day when they were going out a man was outside with an axe. and Miss Vosper in-j troduced Peart to her as a missionary from Home, and that he had come to present her w'ith an axe. Another night Aliss Vosper camo in and said a man like Peart was walking about outside, and be went away when tho man who was in the house went out to look. The next day Miss Vosper got a letter from Air. Peart, and she replied arranging to meet him on Alarsland Hill. After Peart had given witness the £2O he said he considered she was entitled to it as compensation for what sho had done in maintaining tho child and tho mother. Miss Vosper handed her the £5 voluntarily, saying she thought witness deserved it. Aliss Vosper knew everything about all the letters that were written. She even helped witness to compose tho letters and looked up the dictionary to see how; to spell certain words. Witness’ intentions were not bad intentions. She bad used a threatening tone because Aliss Vospcr told her that unless she bluffed him ho would not pay anything, Aliss Vosper also told her to use Constable Naughton’s name to influence Peart to pay up. The reason there were some discrepancies in her present evidence, as compared with the statement made to Constable Fitzgibbon, was that the detective told her that in his opinion sho had been pleasing Miss Vosper. This made her flabbergasted, and after that she was not responsible for anything she said. The £SO later received from Peart was given her in order to arrange for the child to be adopted. She found she w - as unable to make tho arrangements, and at iv meeting which sho subsequently made with Peart sho agreed to refund the money in instalments of 30s a month. She had now made four payments—£6. Witness, had received £8 to £lO from Miss Vesper's brothers for looking after her and the child, Aarious statements made by Miss Vosper in her evidence were denied by witness. Cross-examined by Air. Billing, witness said the first time she met learn was in Morley Street, before she went to live there. . Air. Billing: But you said just now that it was in Vivian Street?—No, that is not so. And you say that Peart caiue along to present an axe to Aliss Vospcr, and that he was introduced to you ns a gentleman missionary from Home?—Yes, that’s right. . , Didn’t you think it rather peculiar that a gentleman missionary go about giving axes to people? —Well, I supposed that Aliss Vosper must be nervous and wanted it to keep the burglars out. She said she had met the man on the boat coming from Auckland The Court then adjourned for lunch. THIS AFTERNOON’S EVIDENCE. Airs. Naughton* ja to Mr,

Billing, said she supposed it was silly, but she thought that, although she had scon tlie lady only once, the owner of the house would be more impressed and more likely to decept “Mrs. Hetherington” as her tenant if she was introduced ns witness’ sister. That was why she did it. She, received a letter in July last from Mr. Peart stating that he was astonished to learn that witness had deceived. him from beginning to end, and calling upon her to return the money he had paid her. With regard to the money that she said was placed on the mantelpiece, witness said that nearly all of it was. It was certainly not true that she took all the money direct from Miss Vesper . She bought a five-guinea costume in Auckland for £4. and alter wearing this only once she gave it to Miss Yosper. It could not by any means he called second-hand. In addition she had bought Miss Vospcr a blouse, a pair of shoes, some stockings, a jersey for the hoy, and some other things. V> hen tno letter came for Miss Vesper* which she put into her blouse, witness was putting some clothes into the boiler in the washhouse and just happened to look up through the window us the postman handed her the letter. When “Mrs. Hoiherington’’ admitted that she was a single woman and that the child was illegitimate, she broke down and cried, "Witness did not ask bet that day for the name or the father of the child, a-s she was so upset. Witness knew that “Mrs. Hetherington” had heen_ receiving various other letters, and' concluded that as Peart was down here he must ho her husband. “Mrs. Hotherington was burning some of her letters one day and witness’ little hoy picked up one signet! by “Willie Wilson.’’ Witness told “Mrs. Hetherington that she had the letter, and she replied that she didn’t mind, as she had no use lor it

Mr. Billing: 1 put it to you that you took that letter to Mr. F. P- Corki!l? No. . . Didn’t you tell him about it?—Oh, yes. Because ho knew the. gentleman, Mr. Peart. Hov,' did you know? —1 cant say. Now-. 1 put it to you once more that you showed that letter to Mr. Corkill ?■—l may have done so. Can’t yon remember? —Oh, yes, 1 can now'. I suggest to you that it was hy searching' in Miss Vesper’s room that you found out that Peart was the father of the child?—l am very sorry to say that 1 did not do so, or I. would have’ found out sooner what she was like and wouldn’t ho here to-day. I put it to vou that you ransacked Miss Vesper’s'belongings and so became possessed of her secret?—That is untrue. I did not do so. (Left sitting.)