A COROGLEN CASE.

Thames Star, Volume LXIII, Issue 17586, 27 March 1929, Page 5

A COROGLEN CASE.

FIELDING v. MINIFIE. A SERIOUS ALLEGATION. PATERNITY OF A CHILD. When the case Ivy Edna Fielding who charged Cecil Minifie (Mr. L, P. Leary) both of Coroglen, with the paternity. 1 of her child, the Court was cleared at the request of counsel. Mr*. E.. J. Clendon, who appeared for plaintiff, stated that complainant was always referred to as "Nukey'' and she was a simple country girl unversed in the ways of the world. On May 5 last two Public Works employees went to a dance which followed a football match at Coroglen. Complainant and her mother were there and complainant was left to be brought home. Defendant brought her home. Subsequently Minifie came to Fielding's store on Snuday, riding a white horse, which plays a prominent part in the story. He had purchased a number of packets of cigarette tobacco, the particular date being May 14, when it was alleged the offence happened. Defendant, when taxed with the girl's condition, replied with a threat of a writ for libel. Up to the present no writ had been received, said Mr. Clendon.

Mr. Clendon said that he expected that the girl's character would be attacked but that as far as he could find out the girl's character was beyond reproach. Dr. J. 13. Liggins stated that he had examined complainant on October 16 and had given her a letter to her mother. She was confined at Thames Hospital Annexe on February, 12 and the child was a male child of full time. ' Henry Saxon Whiteham, "State Forest ranger, deposed that, he had occasion to go. to Coroglen to install a Mr. "MacCariey as forest guard at Thames on May 13. He had also to seek into an application from complainant's father, arriving at noon on Sunday. He had called at a house and had seen a young man but could not swear to him again. He had directed witness to the hotel. "Witness went up to do an inspection at Mr. Fielding's. Then a man on a white horse had caled to them and had accompanied them to Field's Store. Witness could not swear to the man but he had stated that his name was Minifie and witness recollected that he had shown him to the hotel. Witness recollected the name since he remembered Minifie's Band in Wellington at dances. Mr. Clendon: They're still daricing, J" see.

Mr. Leary: But not to your tune. After inspecting the place witness returned to the store tnad talked about roses. He thoughtsMr. Clendon: We're dealing With thorns now. Continuing, witness said that the time taken up was about I 5 hours, but his memory was hazy. To Mr. Leary: Witness described the locality. Witness did riot see the girl at the store. William Ralph MacCaulay, forest guard, gave corroborative evidence. The plaintiff, Ivy Edna Fielding, was the next witness and stated that her nickname was Nukey, She was 1$ in November. She was Working at Mackay's iri May last, about a mile from home. After a football match between Coroglen and Tairua on May, 12 she attended a dance with Phyllis Nicholas. Her mother asked Mrs. Nicholas to see her home and defendant came along home' to Mackay's gate with witness. Mrs. Nicholas leaving her at the Mercury Bay Road corner. This was about 100 yards from Mackay's. Minifie had tried to grab hold of her but she got through the gate. Witness went home next morning and Minifie came along arid said two men were looking for her father. She was told to show them the way but defendant said he would go. Her father was in the same paddock as the store. Defendant Had returned and said the two men were going to have their lunch and that he wanted a packet of tobacco. Her mother had asked her to' go arid give defendant the tobacco. She could not say what time this was. She went to. get the tobacco with defendant she' riding her horse and defendant on a white horse.

It would not take 10 riiinutes to get to the store. On arrival at the store both tied their horses up. Witness opened the back door of the store and let Minifie in by th& front door. She gave him tobacco and papers and defendant made a cigarette and after talking a few minutes went outside witness remaining inside. Witness then described the assault, stating that she had slapped Minifie's face. She had not told her mother anything about what had transpired until after Dr. Liggin*' examinaion. She had not told her mother before because she wiis frightened. She would .swear that defendant was the father of her child.

Cross-exartiined by Mr. Leary: Witness said that the Mrs. Nicholas mentioned was 1 aunt of defendant. She had not asked Minifie to see witness home on : the night of the dance. The rest of the'evidence dealt with various crossings of the ford from the house across the Waiwawa River to the store. Witness admitted that she ihad been warned against Mr. Charles Minifie, .uncle of defendant, by Mr. •Keenan, a. J.P., and by her brothers : and a Mr. McCallum. Mr. Charles Minifie used frequently to visit the house when he was working on the road. He had made witness a present on one occasion of a pair of shoes. He had given her mo articles of clothing. Neither Mr. Charles Minifie nor Mr. Keenan had had a con/ersation with her suggesting that Mr Charles Minifie was the father of the child. It was untrue that she had been seen lying in the grass near the wharf with Mr. Charles Minifie. A Mr. Thompson had spoken to her regarding her attitude towards other boys. Re-examined by Mr. Clendon: Witness .denied that there had been any familiarity between her and Charles Minifie. A farmer, Mr. Thompson, for whom she was working, had warned her about Cecil Minifie who, with Charles Minifie, was boarding there. (Mr. Leary objected to the. evidence but the Bench decided in favour of Mr. Clendon.

Witness continuing, said ' that Thompson ha-d caught Cecil putting his hands on witness and had told him to "cut it out or he would chuck him out." She had been warned against Cecil at the time she was 14 or nearly 15. Charles Minifie had always acted as a gentleman to her. Phyllis Nicholas said that her mother

was Mrs. Mark Minifie's sister. She attended the dance on May 12 and went home with her mother. Hughie Hodge, Cecil Minifie and "Nukey" Fielding. Cecil Minifie took "Nukey" home to the place she was working. Witness had not seen Nukey Fielding with boys, though she knew her well. Cross-examined, witness said her mother had asked Cecil Mi|nifie to take plaintiff home. Emily Fielding, mother of plaintiff, stated that she remembered the visit of Messrs. Whtitehoru and Macaulay to Coroglen. Cecil Minifie Had told her that the two men wanted some see them. He went away and came hack, saying that that he wanted some tobacco. He had been in the,habit of lniying tobacco and witness had sent the plaintiff over to get it. Defendant was riding a showy white horse—one very well known in the district. Her daughter left riding a bay mare. Witness and Mr. Fielding met her daughter coming back from the store. Witness could not say how long after, somewhere between half an hour and an hour. Mrs. Fielding then corroborated her daughter's evidence concerning the movements of her daughter during the day. Witness handed in three testimonials as to her daughter's good moral character from residents of Cordf*len. Tho evidence then followed lines in connection with the entries of tho sales of tho tobacco to Cecil Minifie in -Mrs. Fielding's books.

Charles Edwin Savage Fielding. brother of plaintiff, farmer, of Coroglen, said that he remembered the night of the dance since he had taken a young lady home. He had spent Saturday night hi the shop, but had gone away during the morning and had returned on the Monday morning when he had met his brother at -„ne shop. When his sister's condition was discovered witness went with his brother Fred to Cecil Minifie's place. He had told Cecil that he was wanted down at witness' house. Cecil had asked "What'for?" Witness had said "You know Nukey's condition." He said "Good God! There's heen others there beside me. What about the navvies?" Witness: "Well you bring anyone else along, Cecil." Witness and Cecil .went along towards the Fielding house. On the road Cecil denied having had 'anything to do with plaintiff. He had asked about the meeting and Cecil had said: "No, all, the Harsants will he there." Witness had said: "What if they are?" Finally Cecil had said he wanted to see his father. Later witness had passed Minifie's place and Cecil had came out with a letter in which Minifie stated his intention to issue a writ for libel.

• Cross-examined by Mr. Leary: Fielding said he had informed his people of the conversation with Cecil Minifie.. He had discussed the case ■ with Mr! Clendon. He was certaiu it took place and Was aware that it ivas important corroborative evidence. To Mr. Leary j Witness stated that Cecil Minifie had" suggested that he should go and lock for the others; it had nothing to do with him. "Minifie wag annoyed but ft suggestion that. Minifie threatened to. "crack him" but that iwitness' brother stepped in was quite untrue. Later Cecil's father had threatened ,witness. He N had been as fair as possible to both parties and reiterated the truth of his evidence. Frederick Fielding brother of the last witness, said that on the morning of the Sunday he was cutting ti-tree on the hill behind the store. He saw Cecil Minifie's horse tied up behind the shop. He saw a man come out of the back door, look around, and go back and close the door. He thought it was Cecil Minifie but could ' not swear to it. .He could swear to Minifie's horse. After about an hour he returned home. AVitness corroborated the evidence of his brother regarding the interview with Cecil Minifie. To Mr. Leary: Witness denied that Minifie had said he was going to bring his father to the Fieldings' house. Witness could not swear as to the length of time the white horse was tied up at the store, but it was considerable. Witness said that with regard to the conversation with Cecil Minifie he had thought that there would be a case and had taken care to remember the conversation.

At this stage the Court was adjourned for. dinner, the Bench intimating that he was prepared to sit again at 7 p.m. The first witness in the after dinner sitting was Irene Ella Anne Fielding, sister of the plaintiff, who stated she was present at the Tairua-Coroglen football dance but went home with her brother. When Cecil Minifie came on Sunday to the house he was riding a white horse. He had asked for some tobacco and witness' mother had told plaintiff to get it. Plaintiff and defendant had ridden off to the store. She had seen Minifie leave the store from half to three-quarters of an hour later, when he went round the Bluff, which was clearly visible from the house. Her sister would be then just about home. "Witness' evidence was on the lines of her sister's regarding her subsequent movements. A small brother who had been cutting ti-tree on the hill* above the store with Frederick Fielding endorsed his brother's testimony, regarding the seeing of the white horse standing at the store. , ,

Samuel Fielding, farmer, of Coroglen, father of plaintiff, testified to remembering the visit of the Forest Hangers, on May 13. He did not know that they, werte coming until Cecil Minifie came to the house and told him they were looking for him. Minifie had first offered to direct the men to him and had then asked for tobacco. "Witness had met the men at the store and had been in their company for a time—he could not say how long as he did not carry a watch. Witness had been ill and had not been able to tackle Cecil Minifie regarding his daughter's condition, so had left the question of approaching him to his boys who had tried to get him to the house,, but Minifie would not come. This concluded the evidence for the evening and the Court adjourned until 8.30 o'clock the following morning. On the resumption of the case this morning 'lvy Edna Fielding came back into the box and stated that she had confused the fact that she had been warned against Charles Minifie, whereas she had been warned against Cecil Minifie.

Mr. Leary entered a protest, saying that he was now unable to call a witness in rebuttal, having let him goAlice Minifie, wife of Charles Miniiie, stated that she had had no personal quarrel with the Minifies. She had not attended the dance on May 12 but Tiad stayed with a Mrs. Keenan.

' ■■ ' - ■ ". ■. They had left Keenan's till lunch on Sunday. They then went to Mark Minifio's and spent about three-quar-ters of an hour there, during which WJ Cecil Minifie came home. He had asked for his dinner, but his mother J told him it was over aud asked him where he had been. He replied: "That's my business," He had then - gone outside to wash and witness' hus- ; ; ; band was sitting in the porch. Cecil had said to her husband that he had been at Fieldings'. Cecil then had • his dinner, mounted his horse and went away. The incident was im- : pressed on witness' memory since Cecil , had appeared very wild. Since elec- , : tion day witness had not spoken to . the Marie Minifie family, but had had no quarrel with them. * She had comehere on subpoena. ::y* Joseph Charles Minifie 3 husband of,, the last witness, and uncle of the defendant, stated that he had been , brought there on subpoena. He had ; played with his brother in the front rank in the forwards. ■'■'-;;

Mr. Clendon: You're old enough ■to.::"'-:> know better. \ Witness called at his brother's placo '■'■■ on Sunday at about 1.30 p.m. and ' : corroborated his wife's statement as : to tho happenings there. Witness said that the subject of the case was the main topic of discussion all over Mercury Hay aud in Co> :>- glen. Ho had nothing to do with tho visit of the Kidding boys to Cecil Minifie. Cecil had u.-.od'threatening . behaviour to witness' son, Joseph. ~ Witness stated that Cecil had also : threatened to strike him over a matter ' of some straying cattle. Cecil had ; then said: "You know something about Nukey Fielding's case; I know,of two others; Prengly and Nicholas, and can letch in six others." Subsequently ;-; Cecil had said: "This case is preying on my mind." Witness had said: "If you are innocent fight this case. If '":': you are guilty go down and face the ,v girl." He had said: "A girl jould ■}.: even accuse the Prince of it." Wh>* : / uess 4iad advised him to face it out. Cecil had said: "I wish that I :• would die." Witness 1 had replied: "It - seems to me, Cecil, that you are guilty V of this, since I would not say that, to a dog dying in the street.'* Cecil . . did not reply. •'•' '■!;•:• ;

Witness absolutely denied, having been down at the landing at Coroglen in compromising circumstances in the grass. It was a public landing and visible from all round.

Witness saiid thjat he had given Nukey Fielding a pair of boots on March 9 since his wife was ill and she had come and helped to milk the cows. Witness had offered to pay'Mrs Fielding, but she had refused to accept anything since it was only a neighbourly action. Witness here embarked on a long, rambling explanation which included books and football dances, which terminated in the Bench pulling him up.

Cross-examined, witness denied, saying that he would make it hot for Cecil. Witness hotly denied having been warned by one Thompson. that he had been found in compromising circumstances with plaintiff. Witness gave the lie deliberate to a quesion if ho was not rather nervous that he should be saddled with the paternity of plaintiff's child. With regard to the Thompson conversation Messrs. Clendon and. Leary tossed legal argument back and forth regarding the advisability of the evidence. This concluded the case for the prosecution.