MAGISTERIAL

Timaru Herald, Volume LXXVI, Issue 11670, 1 February 1902, Page 3

MAGISTERIAL

TIMARU —January 31st, 1902.

(Before Mr C. A. Wray, S.M.)

BICYCLE BY-LAWS. A cyclist was fined*ss and costs for cycling on the footpath. His Worship irtimated that the fine would be raised to 10s in future. drunkenness. A prohibited person was fined 10s or 48 hours for drunkenness. PROHIBITION. A prohibition order was issued against a Timaru tradesman on the application of his father. MAINTENANCE. The case Lahore v. Lahore, an application for defendant to find securities for maintenance of his wife, was struck out, the defendant having paid up arrears. John McEnnis was charged with unlawfullv neglecting his four children in -.such a manner as to endanger their health. Mr Raymond defended the accused, who pleaded not guilty. Sergeant Warring said that from complaints made he and Detective Fitzgerald went to accused's house on the Bth of the month, and after a lot of trouble managed to get in. Accused's daughter, aged 18 years, and her illegitimate child, were inside, and were almost nude. The house was in a most filthy state. Three boys wero* sleeping on a bed tick behind the kitchen door. There were no blankets on any of the beds, except that occupied by the accused when he was at home. The Health Officer was sent for, and he advised the immediate removal of the children to j the Old Men's' Home. Dr Reid was I abseat in Dnnedin at present, and could not be called as a witness.

Mr Raymond said it was unfair to bring in the Health Officer's statements, unless he was to be called as a witness.

His Worship said that if the evidence was necessaiy the case could be adjourned till Monday. This date did not suit- either side, so it wa? resolved to hear the evidence. The sergeant continued that he was inclined to think that the accused provided the girl in charge with the necessary goods, but that she was utterly incompetent to manage the household. Mr Raymond said that the sergeant had hit the nail on the head. The accused was a country tradesman, and before leaving town had left orders for adequate supplies of food and clothing for his children. It would be shown that supplies had been sent, but the girl was incompetent in dealing with them. Apparently the pro-

per course would have been to ha\e a housekeeper, but this had been pie\iously i tried, and the girl had made it so uncomfortable for her that she would not StclY. Detective Fitzgerald gave evidence that lie visited the accused's house in company with .Sergeant Warring. Found the girl with a babe in her arms, both almost nude. The house was in a filthy state. There was a bed on _the floor in the kitchen, covered with two or three sacks and one blanket. In the girl's bedroom there was an old wcoden bedstead, with two dirty bags of chalf, one blanket, and no pillows. In a corner were some dirty clothes, which had evidently been lying unwashed for sis months. The other bedroom, occupied by the accused, was also ve:y dirty.. There was no bread in the place; a little meat was in a kit, but the smell was enough to knock witness down. There was no proper provision made at all for the children. Witness had visited the place about three months previously, and found it practically in the same condition. On enquiries made at Temuka and Geraldine it was found that accused had behaved similarly there in regard to his family. He earned good wages, and some of his children were earning money. To Mr Raymond : Believed that gic-ee'rs had been instructed to provide adequate supplies for the children. Did not think that some members of the family were of weak intellect. Accused was a country carpenter, but came home about once a week. There was a chest of drawers in one of the rooms, and a wash-hand stand might have been , there, witness did not notice it. Counsel read a list of necessaries, alleged to have been in the house, but witness said that probably some had been put there since his visit, while others were almost unusable through dirt. The landlord of the place, Macdonald.had made the complaint. Witness did not- know that there was a feud between accused and Macdonald. J

Sergeant Warring gave evidence corroborative of the last witness. The girl was utterly incompetent, and accused should have known this, and provided a proper housekeeper. Constable Brown was called to corroborate the detective's evidence. Accused was earning 12s a day at Waimate, but had been dismissed owing to his intemperate habits.

Kate McEnnis, a daughter of accused, employed at the Old Men's Home, gave evidence that slie occasionally went home, and sometimes found the place in a .very dirty state. There were some pillows and blankets in the house, but the girl never them. Had told her sister that- she should complain to her father about the want of bedding and blankets. Had given her sister and brothers money and clothes occasionally to help them. To Mr Raymond : Did not know whether her sister had the clothes now that witness had given her. There was no reason why she should not be well dressed if she had kept them. The boys had always been well dressed for school. From what witness knew of her sister, it was very probable that the clothes had been destroyed by her: witness had seen her destroy other articles. Thought her sister was a bit " soft" : the family had had a good deal of trouble with her. Proper bedding had been provided, but the girl was too lazy to keep the place right. There had been a good deal of trouble in the family. The mother, who had been dead nine years, was not right in her mind. To Sergeant "Warring: Knew that the neighbours had sometimes given her brothers shirts. Her father had a bad temper, and took drink, but witness had never seen him drunk.

Mrs Jones, matron of the Old Men's Home, gave evidence that the children were very ill-clad when brought to that institution.

Mr Raymond submitted that the case was on common grounds. The accused had shown want of judgment, but the Act dealt with wilful cruelty. There was no doubt that food and bedding had been supplied, ar.d it would be shown that they had been destroyed by the girl left in charge. John Wood, headmaster Waimataitai School, was called to show that the children were properly clad when they came to school, but the police admitted this. Michael McKennah, book-keeper at Peacock and Geaney's shop, gave evidence that McEnnis had always got regular supplies of meat suitable for household use. When accused went to Studbolme he called on witness and told him to supply whatever was wanted while he was awav. Previous to that accused had always paid cash, and was frequently in the shop. John Sutherland, of Messrs T. and J. Thomson's, H. Asquith and N. Gabites, of Gabites and Co., gave evidence that accused had dealt with their firms, principally in boys' clothing. Angus McEnriis, aged 14. employed at Eaton's fish shop, gave evidence that his father had always provided him with sufficient clothing. His sister had destroyed the bedding- and clothing. To Sergeant Warring : Three of the boys slept on the kitchen floor, where there were a few bags of chaff. Had seen his sister tear up "her "blouses and skirts. His father used to come home once a fortnight; the house was cleaned up when he came back. The neighbours had given shirts to the boys; there were other shirts in the house, but the girl would not wash them.

John McEnnis, the accused, a carpenter, nave evidence that he came to Timaru from Winchester last Easter, taking the house he was in at present. His second daughter, a girl of weak intellect, was left in charge while witness was in the country. Had always left orders for sufficient supplies at "grocer shops when not in Timaru. Was often away from Timaru, working at carpentering". Got £2 10s a week and board paid at Studholme, and similar wages at other places. Had dealt with drapers' firms, and had always provided plenty of clothing. Had seen his daughter, cut up some of her clothes and destroy tbem after wearing them a few times. Was prepared to keep a housekeeper, and had advertised for one.

To Sergeant Warring: TJioucrht that his daughter would improve if left in charge of the children. It was not ture that witness drank and wasted his money. Had never worked at Waimate at all. ' It was the girl's fault that tie boys were sleeping on the floor.

His Worship said it. was clear that the accused was not able to look after his children, and had. neglected to look after them. He asked what he was prepared to do.

Mr Raymond said that if they were sent to some home here the father would pav jor them. He had paid for their maintenance while they were in the Old Men's Home.

. rs Jones was recalled, and said that it was against the rules to have children ij i_ . The secretarv. Mr Orwin. f° d be approached about h'aving the girl boarded there. Hi« Worship said that something might be said in favour of the father, seeing tnat he had ordered supplies for his famiiv He had disgracefullv neglected his children, however, and an order would have to be made ensuring that they would be properly looked after. The children could stay m the meantime at the Old Mens Home, and some arrangement be made for their future maintenance. Accused would be convicted of neglect, and would have to make such provision for his children as would satisfy the Court that they were properly looked after. The case was then adjourned for one week ASSAULT. (Before Messrs E. R. Guinness and R Bowie, J.P.s.) Two cases, one of assault between F Battcock and J. Mnrphv. and the same against Murphy and his wife for the rescue of cattle, were dismissed, owing to the non-appearance of complainant, who was ordered ,to pay- solicitor's fee of one guinea witnesses expenses 12s, and 6s Court expenses. Mr Kinnerney appeared for defendant.