SEDUCTION AND HARD SWEARING.

Thames Star, Volume IIII, Issue 1732, 22 July 1874, Page 3

SEDUCTION AND HARD SWEARING.

VERDICT FOE THE PLAINTIFFDAMAGES, £250. In the Auckland Supremo Court on Monday, before Sir George A. Arney and a common jury, ' the following case* was tried, resulting, as intimated in yesterday's telegrams, in'a verdict for plaintiff, with £250 damages.:— • . .■- ---DONNELLY, V. BTTBNSIDB. , ' This was an action for damages, in which Mr. 'Bennett .appeared for. .plaintiff, and Mr. Joy for defendant. The damages were laid at £51)0. The issues for the consideration of the jury; were— ; 1. Did tho defendant in April, 1873, at Papatoitoi, debauch Bridget Donnelly, daughter of plaintiff, while in defendant's service ? 2. Was the said Bridget Donnelly at that time under the age of 21 ? 3. Did she thereby become pregnant ? 4. What sum of money, if any, is the plaintiff entitled to recover from the defendant. ' Defendant dtnied the material facts and allegations.

Anne Donnelly deposed—l am the wife of James Donnelly, residing at Makefcu settlement, near Drury. Jt'ridget Donnelly is my daughter by James Donnelly. We were married at Cape Town, Cape of Good Hope, on the 7tli January. 1854. (Certificate produced.) My daughter was born in April, 1856, dn the same town. My husband is now very ill in the Provincial hospital. My daughter > was delivered of a male child 911 the 7th j of February 'last. I was not aware that she was pregnant until within a week of' her confinement. I paid a sum of £2 for a nurse besides other expenses. After the child was born I made an application to defendant for assistance towards the support of the child, which he refused to give. To Mr Joy : I dont remember the date when I spoke to Mr Burnside at his hotel, My son, a lad of fourteen, was present at the time. He took me into a private sitting room. I said, "I am come for some support towards the: maintenance of your child. " He refused to give me anything. , She never mentioned the name of George I .Smith to me. She.did not say that he was ! gone to America; and when he came back he would marry her; When Mr arid Mrs Burnside called at my honse I did not say anything to him about my daughter's dondition,, because I did not then suspect him; I was not then aware of Bridget's condition. This was some time before the birth of the child. I think about a week before. Mrs Burnside came once to see my daughter, and sent some things for tho girl's comfort, consisting of a bedstead! vegetables, meat, and drink, and promi- ■ sing to be responsible for any necessaries she might require.» Mr Burnside also sent a letter to Bridget making like pro* mises. > . '

Bridget Donnelly, an interesting young person, daughter of plaintiff, was sworn and deposed: :I am the daughter of the plaintiff in this action. I know Mr. Burn^ side. I went into his service in April 1869, when I was thirteen years of ape. I; was born, op the 9th ; my wages were 3s and my clothing. At the end. of the first six months I had a shilling rise, until I got 10«aweek.! I left Mr. Burnside on the 19th of November last. I was the only female servant in the hotel. Defendant was a married man. I am aware of the nature of this action. Mr. Burnside first, took liberties with me in March, 1871. Mrs. Burnside was not living in the house. I was not quite fifteen when Mr. Burnside made free with me. Mrs.- Burnside went away to stay with her frienda. I know that it was on the Ist March, 1871, : that the liberties were taken, because Mrs. Burnside went away oh that date. She went on the Thursday and returned on the Saturday in the same week. There: was no one left in'the hotel but Mr. Bumside and me. He made advances, and I asked him what he meant. He then first ' had connection .with me, and afterwards at intervals of about a week. Mrs. Burn- ' side was in the house on some of these I occasions. I believe that Mrs. Burnside ! had no suspicion of the connection between her husband and me; she did not; , appear, to have any knowledge of it. The connection with Mr. Burnside continued at regular periods down to 1873. In! August of that year I was ill, and told Mr. Buvnside so, that I could not tell what was the matter with me. He said you must go to the doctor, and I went to; Dr. Stoctwell. He,wrote me a prescript tion, and I went to the chemist and got it; On returning to the hotel Mr. Burnside was anxious to know what the doctor said to me. I told him,that I said I had a cold, as he wished me to tell ths.vdo.ctor.; and that I had got some some medicine. He frequently enquired about the effect of the medicine, when I told him it did me <no good. He then put his hands upon my hips, and said, Bridget, you are getting stout. I asked the reason, when he turned pale, and said nothing. I again went to the doctor, on my own account, when he told me that I was in the family way. Miss Burnside accompanied me to Dr. Stockwell. That was the first time that I suspected that I was pregnant. I began to cry, but the doctor told me it was no uso crying about it. I went back to Mr. Buarside's. I informed, Mr. Buraiide that Dr.. Stockwell told me, that I was pregnant, when he said, " well, I thought as much." , He then said "You had better'go home to your mother for fear any .one might fake notice." I agreed to go home,' and wen.t on the 19th of November. There was no further intercourse, between us. He wished on the Sunday to get into my bedroom, but I would not allow him to come in. Mrs Burnside was not at home. It was his practice to come into my bedroom at seven in the morning. Before I went home Mr Burnside bought the baby-

linen, and bid it in one- of the ■• outhouses. The linen consisted of calico and flannel. •It was not made up. The night before going home Mrs B paid me ray wages. Mr Burnside gave mo £3 in addition to my wages. He said ho was afraid to give me more us Mrs. Burnside would miss it from the cash-bos. He had previously given me a pound at a •time. I came into Auckland in January to try to get into the hospital; but on going homo I met Mr and Mrs Burnside, who took me to their home, the Raglan hotel, and kept zne from the Friday until the Monday. Before leaving on the Monday Mr Burnsido gate me £2, and promised to do all that he could for me. This was early in the morning before the 1 family was about. Mrs Burnsido was always kind to me, and paid my passage home, to mother. They came to see me on the following Thursday at my father's > house. He brought me a blanket and some bottled porter, and told xue I was to come back when it was all over. He said he a would, call and see me in the shooting season, and would bring me some more money. He sent me a quantity of cabbage out of his garden, and bottles of gin and brandy. Mrs Burnside sant nic some moro babylinen. The child was Tjorn on the 7th February. I told my mother that Mr Burnside was the father of the child. Mr Burnside also acknowledged it. To Mr. Joy: The intimacy has continued from 1871. No one was aware* of it. The house was sometimes opened at five in the morning, when I went to light the kitchen fire and prepare for breakfast. The kitchen is attached to the houseunder the same roof. (Mr. 1 Joy regretted that he had not a sketch of the house.) The intercourse often took place in the sitting room. Mr Burnside. used to watch me about from place to place when I was cleaning up. We were never surprised by any one. Sometimes he would mako free before persons in chaffing me, but h? would not allow others to do so. There were several bearders in the hotel in August, 1873, Mr. O'Donriel, Mr. Frederick Burrell, and a man named Joseph Young, who was employed there. There was a George Smith there also; he was: only there for tw;o or three months; He -might have come there in March; 1873, and he left in June because the work on which he was .engaged aS Papatoitoi was finished. I did sometime* call him George. I have spoken to Mr. Bur side about him, but never about a letter from his-father. in. America. -Mrs. Burnside

knew at that time about my situation, and at the urgent request of Mr Burnside I .told,.his wife that Smith was the. father.of my Child. lat first objected! jto'tell an untruth, but to please iVJr. Burriside, I said sOi I did not ask my mistress to speak :t6 my mother; but' she said she would do so, in order that mother might not be cross with me. I said that mother was a great deal put about when she kniwi the state I was in, but she was ; not cruel to me. I expected Mrs. B -to call on the Thursday she did, and Mr B was with her. I remember Mrs. B making remarks to mo about my health and appearance in August last; and she asked me certain questions of a private nature which I answered. I told the doctor of these facts. The medicine not doing me any good, Mrs- Burnside' suggested some herbs. The next time I went to Dr.l Stoekwell he did not give me any' mcdi-; cine. Mrs. Burnside,: when she knew I was poorly, wished me to go home ..for? two or three months, thinking a change of air might do me: good. ' ■ . :. , > His Honor.: I was not aware, Mr. Joy,; that a change of air was beneficial to suchj cases. Mr Joy: No, Tour Honor. j

Cross-examination continued.:, „.When Mrs. JBurnsidewas speiaking to nie* at my; house I told her that Smith was the j father, because Mr. Burnside' wished me! to blame George Smith. Mr,'Burnside also spread a report that Smith was the: father ; he was continually urgingrme toi blame Smith; The schoolmaster wrote a letter for me to Mrs. Burnside asking; her to get.me a bedstead and somo spirits which I needed. He (Mr. ;B) has never given me money since the birth of the child. He gave altogether, while at the hotel, five pounds ten shillings,, three? pounds of, which I received .when I left.; I idid not keepcompany^ith' Smith, nor was lever alone with mm I'm the kitchen.. (A number of questions werehereput to the ■witness by Mr. Joy in respect "to: Smith, air of which she answered in a clear and straightforward manner): - ''. ; Mary Guinhevari was text called and \ deposed: lam the wife of Patrick Gum- i nevan, settler at Maketu. I know the, plaintiff and defendant in this action. II saw the baby a fortnight after birth. It was a full-grown child. Miss r Donnelly told me that Mr. Burnside c was the; father, and on the 17th of February I spoke to Mr. Burnside about the matter • at hi» hotel. He referred to the child, and said .that Mrs. Burnside had learnt fpr thai first time that nay the report that he was the father of Bridget's boy, but she did npt believe it;, it was impossible. I told him what the girl said about the' child's paternity} when he replied that he : would see the girl. Burnside's _son then came to the,spot, when the father said " my son, we shall s«on have another son sent home to ua." ' I told Mr Burnside that he had better settle the case. He said " I can afford to lose £100, and I am sure they cannot." He did not deny that he was the living father.

Mr Joy then addressed the jury pre-I vious to calling the defendant to disprove the charge. David Burnside, the defendant, gave evidence. He denied the paternity, and stated that he had never taken liberties with the girl. He never gaye her baby linen,- nor promised assistance to keeping the child. After some further evidence had been taken, of an unimportant: character, learned counsel on both .sides' addressed 1 the jury, and after half-an-hour's deliberation, the latter returned, a Verdict for plaintiff on ail. the issues—Damages £250.