"The plot deepens. You never know what you will unearth!"
Timaru Herald, 11 July 1894, Page 3 Legislative Council.
First reading. A Bill to amend the law concerning illegitimate children as to enable them to be legitimised upon the marriage of their parents, was read a first time on Mr McGregor's motion. summary [Nowadays with the father's consent the child may take it's father's surname.]
Affiliation: a legal process whereby
the father of a child born out of wedlock is made responsible for
Filius nullius: A son of nobody; an illegitimate son - the church's version of 'illegitimate'. The term can be found in non-church, legal records.
Children born out of wedlock re-registered when the parents married years later. 1894 Legitimation Act Passed. When an application was made, the old entry was cancelled and a new entry made with the child entered as a child of the marriage along with the date of the marriage. It also gave that child the father’s surname. Certificates cannot be issued from the original birth registration, where the child was deemed illegitimate, because it is closed. “We get people wanting to know who they are and that most people think it is because they have been adopted."
Timaru Herald, 23 January 1867, Page 2
Affiliation Case. William Powell, was ordered to contribute 5s per week, each, for the support of two illegitimate children of Annie Ownen.
Timaru Herald, 21 August 1867, Page 2
Timaru — Tuesday, August 20, 1867. [Before B. Woollcombe; Esq., R.M.] Refusing Support. William Kennedy was remanded to Christchurch for refusing to support his illegitimate child. ...Sarah Salek said : I am the wife of Morris Salek living in North-street. I know Mrs Phoebe Hart who lives nearly opposite to my residence. She is a widow. She has two grown up daughters, Leah and Jane, and other children. I did not know until last Monday week that Mrs Hart was pregnant. She acquainted me with the matter herself. She asked me if I could advise her what to do. I advised her to go to Lyttelton and be confined these. I understood that she was going to Lyttelton, to leave the child there and come back again. She wanted to know what she would do with the child. She said the ("lightest little squeeze would do it. I did not know what she meant. I cannot remember what led to this conversation. After my conversation with Mrs Hart her daughter Jane came in, and said " I will choke the thing." My servant, Catherine O'Brien, was present. That was on the Monday alluded to, and Mrs Hart went to Lyttelton on the same day. I advised her to so to Lyttelton to prevent the affair being made public. She returned to Timaru on the Wednesday following the Monday that she left, coming by the midday train. I saw her on the Saturday evening after she returned — last Saturday evening. She was sitting by the kitchen fire. She told me she was not well, and was going to send for Dr Cole. She said that she was going to be confined. In answer to a question from the Inspector witness said that Mrs Hart told her the child was illegitimate, and [that her husband died about three years ago. An adjournment of three-quarters of an hour here took place. George William Cole said : I am a legally qualified medical practitioner m Timaru. I was engaged some months ago to attend Mrs Hart m her confinement. On Saturday night last her eldest daughter came for me between nine and 10 o'clock. She burst into tears and said that I was wanted immediately at her mother's. I went to Mrs Hart's at once and found the patient m the early stage of labor. I remained with her an hour or two. I then left, leaving word that I was to be sent for if wanted before morning. At six o'clock on Sunday morning I was called out of bed to attend Mrs Hart. I went to help house and remained till about 8 o'clock. I told Mrs Hart that I should not be wanted before dinner time, and returned at noon. I went home to get some necessaries, and about 2 o'clock I was Bent or and followed the messenger down. When I arrived at the house the head and trunk of the child were born. The umbilical cord was once completely round the neck, When I entered the room one of the girls said " Thank God." ... I not think the child lived ten minutes altogether. I noticed when the doctor first saw the child that there was a cord round its neck- I said "Mother, what have you done. It's a boy." I said, that being a boy and illegitimate, it could not be buried consecrated ground without it being was circumcised. My mother said "What shall I do." Dr Cole replied "Never mind, don't, fret ; I'll get it buried for you." My mother was anxious to keep the birth of the child quiet. Robert Fish said : I am a duly qualified a medical practitioner living at Geraldine. ...After a deliberation of about ten minutes, the jury returned the following verdict: — "That the newly-born child died from natural causes ; and the jury are of opinion that Dr Cole acted unwisely in removing the body previous to the registration of death." The inquest came to a conclusion at 5.15.
Star 13 February 1871, Page 3
Henry Joes, arrested at Temuka, was charged with having neglected to provide for his illegitimate offspring, but complainant not being in attendance, the case was remanded until Tuesday
Otago Daily Times 29 April 1872, Page 2
Mayor's Court. Saturday, 27th April. (Before His Worship the Mayor.) Affiliation. — Mary Sesley charged Andrew Veitch, constable, Timaru, with refusing to provide for the support of her illegitimate child, of which, she alleged in the information, he was the father. This case had been adjourned to allow of the defendant being present. He now appeared and pleaded not Guilty, and at his request, the case was further remanded till Wednesday next.
Timaru Herald, 18 November 1871, Page 2 Married.
November 15, at Timaru, Andrew Veitch to Mary Ann Tubman, both of Timaru.
Star 2 October 1873, Page 2
Andrew Veitch was summoned for having refused to support the illegitimate child of Mary Sealey, of which he was alleged to be the father. Mr Joynt appeared for complainant. The child was born some two years and a half ago, and complainant said that accused, when she first threatened to sue him, paid her £5. Accused positively swore that he had never been intimate with complainant, that he was not father of the child, and that he merely paid the £5 to prevent the disgrace of having his name brought before the public on such a charge and not towards the support of the child. He also averred that complainant signed a paper, at a lawyer's office in Dunedin, relieving him from all further annoyance in the matter, but that the paper was afterwards stolen from his coat-pocket one day while at work. He then asked for a remand, in order to enable him to subpoena the lawyer from Dunedin, and to obtain other evidence. Sergeant Willis said he was in Timaru before complainant left for Dunedin, and heard that accused and her had been intimate ; in fact, the paternity of the child was attributed of the prisoner. His Worship said he would remand the case for one week, in order that inquiries might be made at Timaru and Dunedin, and accused would have to find sureties to the extent of £50 for his appearance at the further hearing of the case. The matter had now assumed a much more serious aspect than the originally wore ; in fact, it amounted to a question of perjury.
Star 17 October 1873, Page 2 Magisterial, Christchurch.
(Before C.C. Bowen, Esq., R.M.) Affiliation. — The adjourned case against Andrew Veitch, for refusing to support the illegitimate child of Mary Sealey, of which in was alleged to be the father, was again called on. Mr Thomas appeared for the defendant. Letter were read from Mr M'Kay, solicitor, Dunedin to the effect that complainant, of receiving £5 from accused entered into a bond of £100 some time ago that she would never make any further claim upon accused, who Mr M'Kay said denied the paternity of the child throughout. Evidence was also produced from Timaru where it was alleged that accused and complainant had been on intimate terms, but there was no proof that anything improper; had taken place between them, while some of it went to show that complainant bore a light character while in Timaru, and two of the witnesses swore to having seen complainant in the house of a man named Smith, where she positively denied ever having been. The Beach dismissed the case.
Timaru Herald, 16 November 1876, Page 3
An inquest was commenced at the Resident Magistrate's Court yesterday, at 11 a.m., on the body of the infant of Mrs P. Hart, before B. Woollcombe, Esq., Coroner, and the following jury :—Thomas Turnbull. D. Miller, C. Bowker, T. Harney, W. Blyth, J. King, Cliff, J. Sullivan, J. S. Gibson, A. Weaver, J. B. Stansell, W. Priest, Q. Green, T. O'Driscoll. Mr Cliff was chosen foreman. The Coroner, in opening the proceedings, said that he thought it right to make a few remarks upon the case. It was owing to the peculiar circumstances of the case that he hid thought it necessary to have an inquest. The facts were that a woman in this town was confined of an illegitimate child, and that from speeches made by that person, it was suspected that some irregularities had taken place in connection with this child, who died very shortly - after its birth. There was also another peculiarity, and that was that the medical man who attended to the case took away the body of the child. It was found in his possession, and that he had cut portions of it up. Upon these grounds, he thought it necessary to send for two medical men who lived at a distance from this place, to examine the body and give evidence, m order that there could be no suspicion of any collusion for or against this medical man, if there was anything wrong in what he did, and m order that he might have a fair and impartial hearing. He thought it would be very difficult, if not impossible for the medical men to say whether thee had been foul play or not. The jury would hear the evidence of the medical man who attended the confinement, and all the other evidence that could be furnished.
Timaru Herald, 29 December 1876, Page 3
Affiliation Case. This was an adjourned case Where in Henry Hart, of Milford, was charged with being the father of the child of Rebecca Eagle. I am a spinster. For five months previous to the month of September, 1875, I was living at Mr Ensor's, at Milford. ...When I left he wrote me some letters. The one produced (letter read) was sent to Smithfield, the residence, of my father, asking for his consent to our marriage. On Christmas Day defendant came to my father's house on a visit. The marriage was then agreed to, and we had several walks together. During that day, and on several occasions subsequently, the defendant was on terms of improper intimacy with me. I gave birth to a female child on the 25th December last, and the defendant is the father of it.
The Destitute Persons Act 1910 (No.38) was "an Act to make Provision for the Maintenance of Destitute Persons, Illegitimate Children, and Deserted Wives and Children".
Timaru Herald, 8 December 1877, Page 3
Flora McKinnon v. John Loudon. This case was brought forward to compel the defendant to contribute to the support of an illegitimate child, of which he was alleged to be the father, and the hearing of it was adjourned till 10 o'clock on Tuesday next.
Timaru Herald, 6 March 1878, Page 4
Timaru Herald, 7 March 1878, Page 4
Flora McKinnon was arraigned on a charge of perjury alleged to have been committed in the Resident Magistrate's Court during the hearing of the affiliation case, in which she appeared as plaintiff. The prisoner pleaded not guilty... About nine years ago Miss McKinnon was employed as domestic servant in the house of Thompson Bros, at the Otaio. Her mother came to stay at Agnew's house, and Miss McKinnon came to see her. Miss McKinnon remained with her mother at Agnew's house all the Sunday evening until after tea, and then "Johnny" (that was the name Mr Loudon was called then) was sent by his mother (Mrs Agnew, Johnny's mother lived then), and the witness to accompany her home. He (witness) lived in a sod hut then, and that night he slept in the same bed with his two stepsons, one of whom was Johnny. In the morning he got up, and Johnny got up and turned in the horses. .. Elizabeth Agnew, daughter of the last witness, stated that she was called by her father on the morning of the 7th November, 1876, at two o'clock to get breakfast ready. ... The jury retired, and after an absence of three minutes returned with a verdict of Not Guilty. Witnesses:
Gavin Loudon, brother.
Jessie Thompson, sister of the defendant.
James Agnew, stepfather to the defendent.
Angus and Donald McKinnon, brothers.
Angus McKinnon : I am a farmer living at Waimate.
Donald Maclean : I am a shepherd at Blue Cliffs.
James Thomas Paine : I am a contractor, living at Waimate.
Murdoch Kerr, shepherd living at the Pareora
William Gordon : I am a storeman, living in Timaru.
Thomas Hall : I am a land broker, living in Timaru.
Allan Chisholm : I am a farmer living at Waimate.
Timaru Herald, 1 March 1879, Page 3
Resident Magistrate's Court. Geraldine— Wednesday, Feb. 26. (Before A. LeG. Campbell, Esq., S.M., W. K. McDonald and W. Postlethwaite, Esq.'s, J.P.'s.) Affiliation. James Anderson was charged by Ellen P. Dean with being the father of her illegitimate child. The charge being proved, the defendant was ordered to pay 10s per week.
Birth Mother Father 1878 Dean James Anderson Ellen Phebe NR
Timaru Herald, 27 August 1879, Page 3
The adjourned case in which Honorah Dwyer sued Henry C. Davis for neglecting to contribute to the support of his illegitimate child was called, but there being no appearance on the part of either party, the case was struck out.
Closely spaced births, under eighteen months to two years, are closely linked to problems such as prematurity and low birth weight infants.
Timaru Herald, 16 April 1880, Page 2 Resident Magistrate's Court.
Nelson Eden, having been summoned by Mary Washington to show cause why he should not contribute towards the support of her illegitimate child, did not appear.
No marriage records have ever been found for Nelson Eden & Mary Jane Washington. She had eight children out of wedlock. She was buried with Nelson Eden in the old Ashburton Cemetery and the memorial inscription records states: Nelson Eden died 5 May 1915 aged 68 AND his wife Mary died 7 May 1926 age 67. However, Mary Jane's death was registered in Christchurch as Washington. She was on the 1893 electoral roll as Mary Jane EDEN. Why did Nelson never married her? Perhaps he was already married or hadn't obtained a divorce. He was 32 when Mary's first child was born so he could quite easily have been previously married.
Births Mother Father 1879 Washington Ellen Rebecca Mary NR 1881 Washington Matilda Maude Mary Jane NR 1882 Washington Percy Nelson Mary Jane NR 1883 Washington Cecil Mary Jane NR d. aged 11 days 1884 Washington Letitia Mary Jane NR 1886 Washington Edwin Gordon Mary Jane NR 1888 Washington Lena Mary Jane NR d. aged 36 hours 1889 Washington Eurydice Violet Mary Jane NR
Plot Number 10
Occupation MILL OWNER
Age (Years) 68
Date of Death 5/3/1915
Plot Number 4
Occupation 11 DAYS
Celebrant REV C H Standage
Plot Number 4
Occupation 36 HOURS
Ashburton Guardian, 27 July 1907, Page 2 Marriage.
WHITE— EDEN. In July 18th, 1907, at Primitive Methodist Manse, Ashburton, by the Rev. R. J. Liddell, William Aubrey Mainwaring, second son of Arthur George White, Newington, Merrickville, Sydney, to Letitia Dionysia, second daughter of Nelson Eden, Ashburton.
Ashburton Guardian, 21 April 1903, Page 2 DEATH.
Eden.— At her son's residence, Racecourse Road, Allenton, on the 21st inst., Letitia, the beloved mother of William and Nelson Eden, Mrs Arthur Wilson and. Mrs Lancaster (Lyttelton). Aged 90 years.
Her work is done,
Her race is run.
The battle's won.
Ashburton Guardian, 21 April 1903, Page 2 Obituary.
Another old identity passed away this morning in the person of Mrs Letitia Eden, wife of Mr Nelson Eden, senr. The deceased came out to the colony in 1862, in the "Egmont," and has, therefore, been here for 41 years. On her arrival in the colony, she resided at Lyttelton for 40 years, and last year came to live, at Ashburton, where she passed away. The deceased had reached the ripe old age of 90 years, and had six children, of whom four survive her, viz : — Messrs William Eden, and Nelson Eden, Ashburton, Mrs Arthur Wilson, Ashburton, and Mrs Lancaster, Lyttelton. The funeral will leave Mr Wm Eden's residence, Racecourse Road, on Thursday morning, for Lyttelton, where the deceased lady resided for such a lengthy period. The body will be interred at Lyttelton, on the arrival of the 3.15 train there.
Auckland Star, 28 April 1880, Page 3 John Pound Impounded.
A man named Pound was fortunately arrested yesterday, when about to proceed by the mail steamer to San Francisco. It is alleged that Pound has been residing for several years at Timaru with the mother of his three illegitimate children, but feeling a longing for freedom from his natural tics, he made an ineffectual attempt to escape from his responsibilities. The mother of the children complained to the authorities at Timaru that Pound had left her and her children in destitution, and had gone to Auckland with the view of proceeding to America. A telegram was at once forwarded to the police, and Constable Strathern was ordered to the steamer, where he found Pound snugly ensconced in the cabin, apparently quite happy, eating ham sandwiches. The presence of the officer of justice caused Pounds very considerable surprise, and instead of breathing the free air of America he will go back to Timaru to answer the claim.
Timaru Herald, 8 May 1880, Page 2
AFFILIATION. John Pound, on remand, was charged with being the father of the child of Susan Muldoon, and with deserting it. Mr Hamersley appeared for the prosecutor, and Mr White for the defendant, who denied the charge. Susan Muldoon : I am the prosecutrix. I know the accused, and have done so for about 15 months. I had a child born on April 25th. He is the father of it. I know his handwriting. Serjeant Haldane : Pound told me after he was arrested, that he intended to send for the prosecutrix on his arrival at San Francisco. Mr White asked for the information to be dismissed, as it was never proved the accused had refused to support the child, or even that he knew it was born. His Worship said he should not dismiss the information on those grounds. His Worship adjudicated the accused the father of the child, and ordered him to pay 8s per week, the costs of the Court, and the expenses the mother had been put to ; further, to find two sureties of £25 each for the payment of the 8s per week. Mr White gave notice of appeal.
Timaru Herald, 18 August 1880, Page 2
Impounded Again. — John Pound who, it will be remembered, was arrested in Auckland some few months since on a charge of failing to provide for the support of his illegitimate child, and was brought back to Timaru, was arrested in the same city yesterday on a similar charge. He is also charged with being concerned in the wilful destruction of property in Church street on Friday evening last. The stealth with which the accused left Timaru did not avail him much. He stepped on to the train as it was moving off, leaving his luggage to be forwarded by, the following train, and his destination was kept a secret. But when the police wanted him on the charges mentioned above, they know whore to lay hands on him, and for the second time he had boarded a San Francisco mail boat only to be asked by a myrmidon of the law to alter his course. He was brought up at the R.M. Court, Auckland yesterday, and remanded to Timaru.
Marriage - 1882 - Susan Muldoon to John Pound Birth: 1885 Pound Thomas Susan John
Timaru Herald, 28 August 1880, Page 3 Geraldine - Aug. 26. (Before F.
Guinness, Esq., R.M.) Maintenance
George Prouting v. Ellen Ashley, The defendant did not appear, and after hearing the evidence of the complainant, an order was made for costs already incurred, £4 16s 6d, and 8s per week for the maintenance of her illegitimate child.
Birth Mother Father 1880 Ashley Herbert Pye Ellen Sarah NR 1879 Ashley Andrew Helem Ellen Sarah NR
Timaru Herald, 22 October 1880, Page 2
A Sad Case. — A girl named Green, about 17 years of age, the daughter of a settler in the Makikihi district, was yesterday committed to the Sunnyside Lunatic Asylum by the Bench at Waimate, on the certificates of Drs Stackpoole and Mackinron. The circumstances of the case are of an extremely painful nature. We are informed that a few days ago the poor girl was confined of an illegitimate child, and puerperal fever supervening, she became violently insane, and had to be bound to prevent her doing injury. She was taken to Christchurch yesterday, and it was found necessary to assign a separate compartment to the unfortunate passenger.
Timaru Herald, 17 November 1880, Page 3
An information against Alexander Reed for failing to provide for an illegitimate child, aged three months, was adjourned, in order that necessary witnesses might be communicated with.
Timaru Herald, 24 November 1880, Page 3
Alexander Reid, a barman, was charged on the information of Matilda Lloyd, domestic servant, with refusing to contribute to the support of their illegitimate child, now about five weeks old... His Worship made an order that, the defendant should pay 7s and the complainant 8s, per week, for the support of the child until it was fourteen years of age.
Birth Mother Father 1880 Lloyd Alexander Read Matilda NR
Timaru Herald, 27 November 1880, Page 3 Geraldine
Affiliation Case. Janet Annan v. Richard Sumner. The defendant was ordered to pay £3 8s forthwith, and 6s per week from 1st October 1 last, and costs 24s 6d.
Birth Mother Father 1880 Annan Richard Sumner Janet NR
Letitia Tegg of Kensington had three children out of wedlock.
1882 Tegg Clara Letitia Letitia NR 1885 Tegg Thomas Henry Cabot Letitia NR 1887 Tegg Isabella Violet Letitia NR (died at age 2 years)
Timaru Herald, 7 June 1882, Page 3
Walter Brooks was charged with failing to provide for the support of the illegitimate child of Ellen Mulligan, of which he was the father. Mr Hamersley appeared for the defendant. Complainant deposed that she laid the information as she believed defendant was about to leave the colony. Detective Kirby stated that defendant bid been brought back from Dunedin on warrant. Mr Hamersley contended that there was no case against his client. He had always provided for the child, and there was no evidence to show that be now refused to do so. W. Brooks, the defendant, stated that it was always his intention to support the child. He had no intention of leaving the colony. He had gone to Dunedin, he intended coming back to Timaru. The Bench dismissed the case.
Timaru Herald, 31 January 1883, Page 3
— Webster was charged, on remand, with refusing to support an illegitimate child, of which the mother alleged he was the father.
Timaru Herald, 7 February 1883, Page 3
The adjourned case of Blissett v. Webster in which the complainant charged the defendant with refusing to support his illegitimate Child, again came before the Court. Mr White appeared for the former, and Mr Hamerely for the latter. After hearing a quantity of evidence on both sides, the Court made an order for the defendant to contribute 7s _d per week towards the maintenance of the child and pay all costs.
Timaru Herald, 12 April 1883, Page 2
Jane Creamer charged James Bowman with failing to provide for an illegitimate child, of which she alleged he was the father. Inspector Broham conducted the prosecution and Mr Hamersley the defence. The case was dismissed.
Birth Mother Father 1882 Creamer Alice Jane NR
Timaru Herald, 4 May 1883, Page 2
Inquest at Makikihi. — An inquest was hold yesterday at the Makikihi Hotel, before J. Beswick, Esq., Coroner, on the death of an infant child, aged two and a half months, the illegitimate daughter of Mary Elizabeth Green and Wm. Topin. The following jury were sworn : — Jos. Poff (foreman), W. H. Chisnall. Wm. Creabe, S. Buchanan, F. E. Childs, A. Carter, G. Vale, J. H. Jenkins, E. J. Waters, Wm. Vale, F. Simmons, H. Mathews, and G. C. Fraser. The evidence of the mother of the child showed that it was in good health up to Monday evening last, when it became troublesome, and died on Tuesday morning. John Green, father of the last witness, stated all that was possible was done for the child, and owing to the rivers being flooded he was unable to get to Waimate to obtain medical attendance. Dr Chilton stated that he had made a post mortem examination of the body. He found the deceased had been well nourished, and that the cause of death was tuberculosis. The jury returned a verdict of "Died from natural causes."
Birth Mother Father 1883 Green Frances Elizabeth Barnet Mary Elizabeth NR Died: GREEN FRANCES ELIZABETH B DOD:03/05/1883 0 2 MONTHS Free Ground Waimate Old Cemetery
The second generation.
Star 22 October 1883, Page 2
Oct 21 — Taranaki, ship. 1139 tons, Herd, from London, via Plymouth. John Inglis, agent. Passengers-340 Government immigrants.
Emma Rosina Curtis, 23, from Sussex, a nurse
Written beside Emma's name on the passenger list was this comment "Sent to Mrs Morris, Fairlie Creek and afterwards in Destitute Ward at Timaru with illegitimate child."
Two births were registered without a father's name listed.
1884 Curtis, Rosina Florence Mother: Emma Father: NR 1885 Curtis, Frederick George Mother: Emma Rosina Father: NR 1909 Curtis, Ruby Margaret Mother: Rosnia Florence Father: NR
NZ Truth 18 June 1910, Page 6 The Undesired Infant.
Good old Mother State falls in every time when the illegitimate youngster's male parent isn't visible on the horizon, and its unfortunate ma isn't able to support it. Ruby Margaret Curtis is a small white bundle of humanity who howled lustily in the Juvenile Court, Christchurch, last week, when charged with being an object suitable for committal to a receiving home. Rosina Florence Curtis, its mother, didn't exhibit a high degree of intelligence in the witness-box.
Magistrate Bishop : How old are you? — Twenty-six.
His Worship: Who is the child's rather ?— Jim Allen.
What does he do for a living ? He's a bootmaker.
His: Worship said he couldn't put illegitimate children on to the State in this fashion, and he thought the police should afford the girl every possible assistance in finding the child's father and proceeding against him for its maintenance. It seemed a monstrous thing that the girl should have to pay, and that the farther should get off scot free. An order was made for the payment by the girl of 2s 6d per week towards the child's support. "If you help to find the father I'll cancel the order," said his Worship to this simple female.
Don't forget "The Truth"
Timaru Herald, 30 January 1884, Page 3
Timaru Herald, 24 January 1884, Page 2
Amelia Clark, on remand, was charged on the information of D. Sabiston, Immigration Depot Master, with deserting her illegitimate male child at the Depot, on the 3rd instant ; leaving it without adequate means of support. Accused is a recent immigrant by one of the direct steamers, and was delivered at the child soon after her arrival, and whilst in service. She returned to the depot with the child, and on the 3rd inst. She deserted it and went away to Dunedin, where she was apprehended.
Family didn't know they weren't married and this caused a controversy
Timaru Herald, 31 May 1884, Page 3
Annie Hoskings v. James Lochore — Affiliation Case. Mr Raymond for complainant. The evidence of the complainant and her sister was taken, together with the accused acknowledgment to pay 7s 6d per week. The Bench ordered the accused to pay 7s 6d per week until the child attained the age of fourteen years, and as the evidence went to show that there was a possibility of his clearing out, he was ordered to pay all the expenses of the confinement forthwith and to provide one surety in the sum of £25 to ensure the order being complied with. The surety was not forthcoming, and the young man was locked up.
Birth Mother Father 1884 11 May 1884 Hosking Amie Lochore Annie NR James Dennison [sic Denniston] Lochore b. 1866 in Milton, Otago, New Zealand Married: 1884 in Timaru, New Zealand Annie Hosking b: 1863 in Madron, Cornwall, England Annie is buried in CHCH in 1918 - a widow.
Timaru Herald, 16 September 1885, Page 3
Alfred Bloomfield was charged by Annie Gardner with deserting her illegitimate child aged eight months.
Birth Mother Father 1885 Gardner Annie Annie NR 1888 Gardner Violet Annie NR
Timaru Herald, 28 October 1885, Page 3
Annie Gardner, charged on remand with perjury in the case of Gardner v. Bloomfield. Inspector Broham was the prosecutor, and Mr Hamersley appeared for the defendant. The Magistrate (J.S. Beswick) being a witness in this case, left the Bench. The case was adjourned to allow of the civil business to be disposed of first.
The perjury case was then proceeded with. Alfred D. Bloomfield deposed that he was a tent and horse cover-maker. He was defendant in the case m which the accused was plaintiff, on the 21st Sept. He received a summons on the previous Tuesday : that was the first application for the support of the child alleged to have been born to him. He did not know of its existence in, til then. On the 28th November, 1883, he went to Dunedin in company with his father by train. He stayed at the Col's Temperance Hotel, in Maclaggan street. For some time he slept and boarded there. In February, 1884, when he got work with Mr Guthrie, he boarded regularly at the Temperance Hotel for two months or so. He then wont to board with Mrs McQueen, Moray Place, and remained there till July, when he returned to Timaru. He had not once returned from Dunedin to Timaru from the time of leaving Timaru until he returned for good in July, 1884....
Timaru Herald, 18 March 1886, Page 3 Charitable Aid
Mr Sabiston, of the Destitute Ward Department, waited on the Board to inform them of the position of himself and wife. In reply to the Chairman, as to what was his salary, he said " we are getting nothing excepting firing and shelter." His duties were to look after the place and the people who stay there. There were at present thirteen children and two women in the ward. He was getting 7s 6d per week for three of them, and was to be paid for six when they leave. The reason he attended was to see whether the Board could not pay him something for his trouble. It was moved by Mr Hayes, seconded by Mr Clulee, and carried — " That Mr Sabiston be paid in future the sum of £1 per week for taking charge of the Destitute Ward."
Timaru Herald, 6 December 1888, Page 2
There was on view at the Charitable Aid Board office yesterday a pair of shoes and a pair of boots, which were made by one of the inmates of the destitute ward at the barracks. The articles are all hand made, are very strong, and well finished. The maker is kept busy at work for the juvenile inmates of the ward, and the Charitable Aid Board propose to utilize his labour regularly.
The father may appear in the Police Gazettes if he defaulted on payment or absconded.
Timaru Herald 14 September 1886, Page 3
Destitute. The police brought forward the case of on infant, the illegitimate child of Jonathan Shaw's daughter. Constable Willoughby said the child was destitute, and asked that its mother's father be ordered to support it. The case was adjourned for fourteen days.
Timaru Herald, 7 October 1885, Page 3
Jane Gardner v. Walter Burgess — In this case the complainant charged the defendant, who resides at Silverstream, and was described in the information as a jockey, with being the father of her illegitimate male child, and with refusing to support the child. The sum paid was £20, but she did not accept this in full payment. She admitted signing the document (produced) in the presence of a Mrs Baird and her sister. To Mr Lynch the witness said she made her "mark" on the information because she could not write. Witness then said she wrote a letter to Burgess, but immediately afterwards contradicted herself and said Mrs Baird wrote the letter. The Bench cautioned witness to be careful in what she said. To Mr Lynch she said she received no money from Burgess before the child was born, and then she said she had got a shilling from Burgess. ..called the defendant, who said he was a jockey living at Fairlie Creek. His livelihood as a jockey was a very precarious one. He had six sections at Fairlie Creek, which he valued at about £10 each. He had mortgaged them to mine the £20 he had paid the complainant Mr Lynch, in addressing the Bench, said the information was altogether bad....Charlotte Gardner, sister of complainant, was next called...
Annie Gardener, the complainant in a recent affiliation case of herself v. Bloomfield, was charged by the police with wilful and corrupt perjury in connection with the case. She was remanded for seven days, and bail was granted, herself in L100 and two sureties of L25 each.
Birth Mother Father 1885 Gardner Walter Jane NR
"The son of nobody," as he used to be called, but who in reality traces his descent.
Timaru Herald, 28 September 1886, Page 3
An important decision. Mary Ann Shaw, the mother of an illegitimate child, appeared again. An information had been laid by the police, calling upon, the father of the mother to contribute towards the support of his illegitimate grandchild. His Worship had adjourned the case to consult the authorities, and yesterday delivered judgment as follows : — In this matter I adhere to the opinion I expressed at the last sitting, that the father of the mother of an illegitimate child cannot be saddled with the cost of its maintenance. A nullius filius has no father, it is said, so how can he have a grandfather ? It certainly seems strange that in the event of the mother being without funds, and the putative father not get-a-able, that the State should have to provide, as one would naturally think that the parents of the mother of the child, who very probably through not being well looked after by her parents, has fallen into vicious habits, should be charged before the public. No doubt the policy of the law is that in cases of destitution the near relatives of those destitute should provide, but in the case of a bastard child it seems to be different. Blackstone says "he is kin to nobody," and although the mother, while alive, might be possessed of funds, no action could be maintained for the maintenance of her child against the administrator of her estate after her death. The liability is cast on the mother, and, indeed, the putative father also, only by statute and not by the common law. Until the passing of the Administration Act, 1877, nullius filius could not inherit, although, of course, if named, he could acquire property under a will. At Home, where the parents of a bastard neglect to provide for its maintenance, the parish officers, without the order of justices, have to. (Hays v. Bryant, 1 H. B1.) Here, I suppose, the matter should be dealt with under the Industrial Schools Act. No order will be made in this matter. Constable Willoughby then applied for an order for the child to be committed somewhere for its support. In answer to the Bench, the mother said the child was being brought up by hand ; her father was totally unable to support the infant, and she had no resources herself. The Resident Magistrate said he did not know where to send a child of such a tender age. Constable Willoughby said that an order might be made for the mother to take charge of it until arrangements could be made. The Bench made an order for the mother to keep the child until it was either placed in the Industrial School, or under the care of some proper person. The Court then rose.
Birth Mother Father 1886 Shaw Selina Harmer Mary Ann NR
The word "Illegitimate" which was required by the 1924 Act and was deemed to be expunged from 1930 Act.
The Births and Deaths Registration Amendment Act 1953 allowed for the issue of birth certificates not showing the date and place of the parents’ marriage, to remove embarrassment regarding illegitimacy or because there was too short a period between the marriage and the child’s birth.
Timaru Herald, 23 December 1886, Page 2
The Registrar-General has just issued his last number of the New Zealand statistics for 1895, and he corrects the census, making the total population of New Zealand, including Maoris, 617,054. He complains of the difficulty experienced in compiling accurate lists of arrivals and departures, no fewer than 692 more persons being known to have arrived in Victoria than was recorded as having left New Zealand. He attributes the low birth rates in Christchurch and Dunedin (28.30 and 30.62 per 1000 respectively, as against 41.82 and 39.49 in Wellington and Auckland) to the departure of the younger married people to the suburbs for economic reasons. One triplet and 161 pairs of twins were born in New Zealand in 1885. The proportion of illegitimate births, and of marriages by registrars, is increasing, the former being 3 per cent of the total births, and the latter amounting to 23 per cent of the whole number of marriages. The corrected death rate for 1885 is only 10.76 per 1000, against 19.60 in England.
Timaru Herald, 25 March 1887, Page 2
Horgan v. Murphy. In this case plaintiff applied for an order for maintenance of an illegitimate child. An order of 7s 6d per week was made.
Timaru Herald, 30 August 1887, Page 3
Timaru Herald, 14 September 1887, Page 3
Magisterial. Timaru Monday, August 29. (Before J. S. Beswick, Esq., S.M.) Refusing to Provide. - Henry Gayson, labourer, was charged on the information of Annie Walters with refusing to support his illegitimate child of which she was the mother. Mr Perry for the complainant, Mr Raymond for defendant. The complainant, it appeared was an inmate of the Immigration Barracks, defendant being a labourer at Hilton. The latter had not been served early enough to admit of a defence being entered upon, and Mr Perry who was instructed by the Charitable Aid Board consented to an adjournment for 7 days as requested by Mr Raymond. A number of witnesses are to be called. The Court then rose.
Mr Perry called the plaintiff Annie Walters, who said she had come
out four years ago from Hereford, England. She went onto service at
Kakahu and met defendant, with whom she became intimate. She used to
meet him at several places, school treats, dancing classes, &c. She
saw him once at Mrs Moore's house, a few weeks after the dancing
class. He then asked her to marry him and they became engaged, the
wedding day being fixed for that day twelve months....Mr White
called Henry Gayson, defendant, who said it was in August, 1885 that
he last intimate with plaintiff. On March 17th, 1886, he went away
to to Southland. He was never engaged to Walters. He never heard
from the girl after August 1885. One night when he was at Mr
Patrick's place, plaintiff came to his bedroom window and wanted him
to come out. He knew Frank Ellery. Plaintiff used to attend, dances
with different people. He had seen her go away with different men.
W. Patrick junr., contractor, Gapes Valley, said defendant worked
and lived at his father's place at one time. One night when he and
defendant were going to bed, Walters came to the window and knocked
and called him out. He had often seen Ellery with, the girl. ...
The Magistrate said he had no doubt whatever of the paternity of the child. He did not wonder at Julius Healey's estimate of Gayson's character. He thought the conduct of Gayson most reprehensible. When he was charged he offered the meanest defence conceivable, the most miserable defence over offered in a court of justice. He went out about the country picking up evidence of the most wretched description, and endeavoured in a cowardly manner to blast the girl's character. He had not succeeded. He had actually, because, she went to a dance or to this or that gathering, attempted to show that she was of unsteady character. If every girl was to be maligned every time she went out for a little enjoyment, no reputation would be safe. It was preposterous. He felt sure there were few fathers in court or out of it, who would suffer such a monstrous thing to be accepted. He thought the case most disgraceful and he should make an order for the payment of 7s 6d per week, dating back from the birth of the child, together with solicitor's fee and witness' expenses.
Birth Mother Father 1886 Walters Ruth Gayson Annie Elizabeth NR
Timaru Herald, 1 December 1887, Page 2
Timaru Herald, 15 December 1887, Page 3
In the adjourned case of Susan Uden v. William Husband, in which the plaintiff claimed for maintenance of a child, of which the defendant was the alleged father, evidence was taken at considerable length. Mr Aspinall appeared for the plaintiff, and Mr Lynch for the defendant. His Worship considered the paternity fully proved, and gave judgment for £2 2s, the amount of the nurse's fee, and 7s per week maintenance the monthly payments to date from November 1st. In default security to be given.
Uden v. Husband. Mr Aspinail applied for an order to compel the defendant to show cause why he had not complied with an order of the court for maintenance of his illegitimate child. — Order granted. The court then rose.
Marriages: 1887 Margaret Copp William Henry Husband 1888 Fanny Elizabeth Uden George Husband
Timaru Herald, 16 July 1888, Page 3
Magisterial Waimate Friday, July 12th, 1888. (Before H. A. Stratford, Esq., S.M.)
Affiliation Case. Michael O'Rourke was charged by Henri Ludovic Meyer that he did refuse to provide for the support of an European illegitimate child of which he, the said M. O'Rourke, is the father and one Elizabeth Meyer is the mother. Mr Clemont appeared for the complainant and Mr Hamilton for the defendant. After hearing evidence the information was dismissed.
Birth Mother Father 1887 Meyer Charles Frederick Elizabeth Maria NR
Timaru Herald, 21 July 1888, Page 4
Denis Murphy was summoned for failing to comply with an order to contribute to the support of his illegitimate child, he being £3 5s in arrears. Defendant said he had been unable to pay ; he had had very little work since harvest, and had been unable to get the money he had earned daring harvest. He got a cheque for £18 10s for harvesting, and it had been dishonoured.
Timaru Herald, 16 February 1887, Page 3 Keeping the Peace.
Charles Lyford was charged with having, at Clayton, Fairlie Creek, threatened one Mary Innocent, on 26th December last, who applied that he be bound over to keep the peace towards her. Mr Raymond appeared for complainant. The accused denied he had acted toward complainant in any manner likely to provoke a breach of the peace. From the evidence led it appeared that at one time complainant was housekeeper at Glentanner, where the accused worked also. The parties became acquainted, and afterwards were engaged to be married. Complainant finding accused was not fit to be her husband broke off the engagement, but they made it up again, only to be again finally broken off. After this accused tormented her and dogged her about. She left her situation and went to Clayton Station, Fairlie Creek, and shortly after she found accused had followed her there under the excuse he had lost a horse and was seeking it. He renewed his persecution of the complainant, who had become engaged to another person to be married, and who resided at Kakahu. Finding complainant would have nothing to do with him, he told her that if she did not make it up with him no one else should, and he would do away with her ; and when leaving the station he threw a large stone at her. He afterwards made his appearance at Kakahu, where Mr Mills, the complainant's intended husband, resided. He went to a neighbor's house and asked for the loan of a, gun to go shooting with, but the owner refused. On the latter returning to his hut in the evening, he found the gun had disappeared, and on telling the neighbors of his lost, and they knowing what Lyford had threatened the complainant with, and also the man she was about to marry, thought that foul play was intended, and accordingly formed themselves into a vigilance committee, and scoured the neighborhood for accused during the night. He was afterwards seen with a gun in a part of the road where had either of the parties whom he was in search for come they must have passed within three yards of him. When they came up to him he did not have a gun, but it was afterwards found planted in the crevice of a rock. The accused ultimately got away, but was arrested by Constable Willoughby. The Bench considered that the charge had been fully proved, and that accused was an extremely dangerous man. He was bound over to keep the peace towards Her Majesty's subjects in two sureties of £25 each, and himself in £25, for twelve months. In default of finding sureties, to be imprisoned for twelve months. A charge preferred against the same accused for stealing a gun, value £3, the property of George Clark, was dismissed, the Bench considering accused did not mean to steal it with a felonious intent, but to use it for another and more serious purpose.
The deletion of the word "illegitimate" is required by section 86 of the current Act, the Births, Deaths, and Marriages Registration Act 1995.
Timaru Herald, 17 October 1888, Page 3
This evidence showed that a girl named Maggie Sharp came to Timaru from Oamaru in April 1886, and was admitted to the destitute ward of the Charitable Aid Board. She was 19 years old, had with her an illegitimate child 15 months old, and was pregnant with another. She remained in the ward and was confined there in August. Towards the end of October she was allowed to go to a situation, leaving her two children in charge of the ward keeper, promising to contribute to their support, but she did not do so. On the 5th of April following she was readmitted to the ward, and then for some weeks, she was in and out, going to situations and leaving them after a few days. ...She then requested to be sent back to her parents at Clinton, Otago, and the board paid her passage by the steamer to Dunedin and their officer saw her and her children on board on May 17th. It appears that the girl and her children became at once chargeable to the Otago Benevolent Institution, and presently the two illegitimate children increased to three.
Birth Mother Father 1885 Sharp Edward George Maggie NR 1886 Sharp Mary Ann Elizabeth Maggie NR 1888 Sharp William Alexander Margaret NR 1890 Sharp Albert James Maggie NR
Timaru Herald, 24 August 1889, Page 3
Timaru — Friday August 23. Affiliation. Charles Lyford, of Fairlie Creek, was called, but did not appear, to answer an information laid by Martha Waugh of Timaru, charging him with refusing to provide, for the support of her illegitimate child, 5 weeks old, of which she asserted he was the father. Her mother, she said, had a letter from defendant, admitting the paternity, but the mother was not present. The case was therefore, adjourned till this morning.
He appeared in the magistrates court for "non support".
Timaru Herald, 26 August 1889, Page 3
Press, 26 August 1889, Page 3
Charles Lyford, described as a Mackenzie Country station hand, about 50 years of ago, failed to appear in answer to summons issued at the instance of Martha Waugh, aged 20, calling upon him to pay expenses incurred on account of the birth and burial of her illegitimate child, of which she alleged he was the father. The child was born early in June and died two months later. Complainant stated she and Lyford were fellow servants at Simon's Pass Station. He seduced her in October 1883, when they were left together on the station, Mr. and Mrs Matheson going away to Timaru. They were afterwards left together two or three times in the same way, the last in October, 1883, when Mr and Mrs Matheson were away at the Show. She spoke to Lyford in January last, and he offered to marry her, but she refused. She wrote to him after the child was born, and he replied (letter put in). Complainant's mother showed that £8 3s had been incurred expenses ;...He had a letter from her saying if he paid the expenses incidental to the birth, she did not want any more from him. Complainant recalled, stated that defendant seduced her not under promises of marriage, but under threats that he would kill himself, hang himself and all sorts of things, and he threatened her to, and frightened her. She could not get away as the nearest place was twelve miles off. He never molested her except when Mr and Mrs Matheson were away. She did not tell her mistress, was afraid to. Order made that defendant pay complainant's expenses, £8 3s, or doctor's attendance and burial of the child and court costs £2 and costs £1 19s 6d, arrangement to be made to receive the amount by installments.
Friday 1 November 1889 Donald Sutherland charged with refusing to pay funeral and other expenses of his illegitimate child, of which one Fanny Greaves was the mother.
Birth Mother Father 1888 Greaves Annie Frances NR
Timaru Herald, 2 November 1889, Page 3
South Canterbury Charitable. Aid Board v Donald Sutherland, application for order for payment of expenses incurred for defendent's deceased illegitimate child. In 1887 defendant was engaged to be married to a girl, both parties living at Temuka, and he seduced her. She had not got good health, suffering from lung disease, and sometime in February or March she went to the Timaru Hospital as a patient for treatment. While there, on April 9th, a child was born. Mother and child continued in the Hospital and on Aug. 20th the child died. The mother remained some time longer and was then removed to the Charitable Aid Barracks. Defendant never communicated with the mother while she was in the Hospital ; but he swore in evidence that he went there to her but she would not see him. He also stated that he offered to marry her before the child was born but her mother would not allow her to marry him. On the death of the child the Hospital claimed from defendant £2 2s the cost of the mother's confinement and £1 per week for 19 weeks maintenance of the child. Mr Jowsey, hospital steward, said £1 a week would not be a fair charge for the maintenance only of an infant, but the mother was too ill to attend to it, £1 a week was not too much for maintenance and attendance. ...
Timaru Herald, Saturday 16 November 1889
South Canterbury Aid Board v. Donald Sutherland, application for order for payment of expenses for defendant's illegitimate child.
Unintended pregnancies carry health consequences for the mother - psychological, emotional and physical - also consequences for the new born.
Tuesday 31 December 1889
Magisterial - Before D.M. Ross, Esq. J.P.
Information against a woman named Isabella Warne of Pleasant Point, charging her with abandoning an infant by leaving it in a passage at the Charitable Aid Barracks. The defendant's daughter a young woman of about 23 gave birth to an illegitimate child at Temuka three or four weeks ago at the house of Mrs Dyson, and was very ill afterwards with diphtheria (she had a sore throat for 10 days before the birth). Mother who gave birth died. His Worship: This sort of thing cannot be allowed, people cannot be allowed to get rid of children in that way, giving no name or explanation whatever or it would lead to gross abuses. Case dismissed.
WARNE, ISABELLA 01/01/1890 Timaru Cemetery - age 23 years WARNE, INFANT 03/01/1890 Timaru Cemetery - age 1 month 1890 Warne Isabella 23Y 1890 Warne NR 1M
Timaru Herald, 25 January 1890, Page 3
The first case he would refer to was that of the girl Warne, of Pleasant Point. This girl, it appeared, went to Temuka to be confined of an illegitimate child under the care of a nurse there, Mrs Dyson. After the confinement her medical attendant recommended that the girl and child should be sent home to her mother at Pleasant Point. Nurse Dyson hired a wagonette and drove the girl and child to Pleasant Point, but the mother refused to take her in, or to have anything to do with her. Mrs Dyson then drove in to Timaru, and arrived at his (Mr Ross's) house at 6 p.m. Mrs Dyson asked for an order for admission to the hospital. He went out and saw the girl, and saw that she was very ill indeed. He wrote a note to Dr Hogg, explaining the circumstances, and asking him to see the girl. Dr Hogg saw the patient, and having formed his own conclusions as to the nature of the case, thought it prudent to await the report of the doctor at Temuka, before giving any definite direction, and it was arranged that the girl should go to a boarding house for the night. Going to the boarding house in the morning he found Dr Hogg in attendence. No report had yet arrived from Temuka. Dr Hogg saw that it was a case of advanced diphtheria, and that it would be a dangerous case to admit into the hospital. After some consideration, however, it was decided to admit the girl, into a separate ward, and to also have a separate nurse. She was accordingly sent up and attended to in that manner. The girl's mother, who had charge of the infant at the boarding house., was asked to look after it, at all events for a time, until they had the daughter seen to, and the child was left with her, with that understanding. Some hours later, Mrs Warne left the infant in a cold passage at the barracks, and the police being informed of it, she was arrested for deserting it. Dr Hogg went down and saw the child, and finding it covered with sores, also ordered it to the hospital. Both mother and infant were in the last stages of suffering, and both died in a day or two. It would be for the board to say whether such cases should be sent away by local practitioners without first communicating with the hospital authorities. The next case was a very important one, that of Mrs Egan, from Arowhenua...
Every registration has a story attached to it, and often it is one of great complexity.
Timaru Herald, 2 April 1890, Page 4
South Canterbury Charitable Aid Board v. James Kennedy. Mr Perry for plaintiff, Mr Hay for defendant. This was an application for an order for payment of expenses incurred by plaintiffs in respect of an illegitimate child of which defendant was alleged to be the father, and for an order for the future maintenance of the said child. The mother of the child is a young girl who had been in service with a farmer on the Levels Plains, and the defendant a ploughman. ...The defence was founded on the relations of the girl with at least one other man, and on dates assorted to be incompatible with defendant's being the father of the child. Another man named Cronin, called as a witness for the defence, declined to answer a pertinent question for fear of criminating himself, and the plea was allowed, Mr White appearing for him to protect him.
Timaru Herald, 13 August 1892, Page 4 Failing to provide
Jacob Forsyth, summoned for failing to comply with he order to pay 7s 6d per week towards the support of his illegitimate child, and incidental expenses (arrears. to 28th July, £5 18s), did not appear. The summons had not been personally served, but at his "last known place of abode." His Worship held that the summons must be personally served, and the case was therefore put off.
Sometimes the NZ birth microfiche have notations next to the original information thus sometimes giving a clue to adoption or name changes and the years that it occurred.
Timaru Herald, 4 October 1892, Page 3
Magisterial Timaru— Monday, Oct. 3rd. Before C. A. Wray, Esq., R.M. Failing to provide. John Blyth, carpenter was called on, under arrest on a warrant issued on his disobedience to a summons to explain his neglect to provide for three motherless children, and to explain his non compliance with an order for contributions to the support of his illegitimate infant. Detective Livingstone gave evidence that the prisoner had neglected the three young children, Witness went to the house late on Wednesday and found them sleeping there by themselves, and they said they had not seen their father since morning. Prisoner had, it appeared, tried to get away in the Mataura, but had been put ashore, and then, he himself stated, he went away to Makikihi and then to the Waitaki, and being seen there by some men who knew him be turned back.... As to the children accused said Mrs O'Connor was looking after them. The detective said Mrs O'Connor told him she could not afford to keep them. His Worship said the man was full of excuses, but but did not seem to have made any attempt to do his duty ; he was getting good wages a job that probably would have been permanent if he had behaved himself ; he had neglected his children, ruined his housekeeper and neglected to maintain the child. It was as disgraceful a case as well could be. He had no doubt the man intended to get away by the ship, taking advantage of the opportunity the Court had given him to make arrangements for the future support of the children. There were two charges and on one that of wilfully neglecting his children, he was sentenced to three months imprisonment with hard labour. On the charge of disobeying the order to provide for his illegitimate child he was ordered to find two sureties of £25 each for compliance with the order in future ; in default six months imprisonment with hard labour.
The father's names appeared in court records when the mother applied for maintenance. Many of these are being indexed.
Timaru Herald, 15 April 1893, Page 4
Timaru Herald, 22 April 1893, Page 4
Malcolm Kerr, of Burke's Pass, was charged with being the father of a certain illegitimate male child of which Ruth Smith, of Coal Creek, is the mother, and with refusing to provide for the support of the child. Mr Raymond appeared for complainant and Mr White for defendant, who pleaded not guilty. Mr Raymond in his opening of the case stated that the parties had been intimate from childhood and improperly intimate from about two years ago. The complainant was in service at the Grampians station in March, 1892, and about the middle of that month met the defendant on the road near the station. She never informed him of her situation, but he some time after spoke of marriage, and she wrote urging him to hurry on the arrangements. She was confined at her sister's house on January 2nd, and her father wrote to defendant, who came down and acknowledged that he was the father of the child, talked about an immediate marriage, and complained that the girl had not let him know, when he would have married her before. The reason she did not was that she feared he would clear out and leave her, and, said Mr Raymond, his subsequent conduct justified that fear. Defendant stayed two days, end spent a good deal of time in the young mother's room, she being very ill, not expected to live in fact. Defendant went home, returned next day, and said his mother had counted up the time and he could not be the father. He had given the girl's mother £4, to get anything wanted, and on his second visit asked for and got this back. It would take a good deal of evidence, Mr Raymond thought, to counterbalance defendant's own admissions. Mrs Smith mother of complainant, and complainant herself were examined, and cross examined at considerable length. Complainant swore that she had been intimate with no other man, and her mother said the child's face plainly corroborated defendant's admissions. Mr White's cross-examinations indicating that the defendant would deny saying made any admissions at all, Mr Raymond asked for an adjournment to obtain the evidence of complainant's two sisters, who were present when he made them, and who were not brought down as he was instructed that defendant did not deny having made the admissions on his first visit. The case was adjourned till Friday next. Albert Smith, father of the plaintiff. John Kerr and Charles Kerr, brothers of the defendant.
Birth Mother Father 1893 Smith Malcolm Ruth NR
Marriage: 1897 Annie Maude Anniss married Malcolm Kerr
The second edition.
Timaru Herald, 24 June 1893, Page 3
Timaru Herald, 9 September 1893, Page 4
Maintenance Cases. James Mulally appeared to answer an adjourned summons for not complying with an order to contribute to the support of the illegitimate child of Kate Kelly. Mr White, for defendant, said the defendant had been seriously ill nearly ever since the case was before the court, and under the doctor's hands. He was evidently very ill yet. Mr Raymond, for the complainant, suggested an adjournment, and His Worship adjourned the case for a month. R. Orwin, as secretary to the Charitable Aid Board, appeared to ask for a contribution order against Michael Fallon, a tailor, for the support of an illegitimate female child of which defendant is the father. Defendant did not appear. Complainant, a girl of 18 years, gave evidence that she was working in the same shop with defendant at St. Andrews in February, 1891, when defendant forced her, and did this repeatedly (she being then a girl of sixteen), and the result was a child born in June, 1892. Her mother saw defendant, and he promised to marry her, but he went away directly after, and she never saw or heard of him again. Her mother had supported the child. Complainant's mother proved that defendant had admitted to her that he was the father of the child, and that he promised to marry her. That was in February, before the child was born. He, however, went away, and she had not seen him since. He wrote to her from Waimate, a few days after he left St Andrews, that he was coming the next week to see her ; but he did not come. She wrote to Waimate, and learned that he had left, and no one knew here he had gone. Her daughter made no complaint to her, said nothing about the matter; witness noticed and spoke to her first. R. Orwin stated that the Board was asked for assistance at the time the child was born, and paid £3 towards the expenses, and was now supplying food. In reply to His Worship, the witness said he had not asked the defendant to support the child, before summoning him ; the Board had to be very careful in dealing with this sort of man, as he would probably clear out while they were corresponding with him. The man was now at Patea, earning good wages. His Worship pointed out that the information alleged that the defendant had "refused " to support the child. He had refused in one way, by not doing it ; but it would be safer to have made a formal demand upon him. He would adjourn the case for a fortnight to enable a demand to be made upon defendant, through the police.
Birth Mother Father 1885 Kelly Joseph David McBean Kate NR 1893 Kelly Lizzie Kate NR
If he was registered under his
mother's maiden name, his father's surname could have been used as a middle
name. If his parent's were subsequently married then he could apply for a new
birth certificate under
his father's name. This would account for the surname being used as a middle name as well as a surname.
Timaru Herald, 16 May 1894, Page 3
Magisterial Geraldine — Tuesday, May 16th. (Before Messrs C. A. Wray, SM , and H. W. Moore, J.P) Elizabeth Fox sued Duncan Cameron for the maintenance of two illegitimate children. Defendant did not appear. Elizabeth Fox deposed: I am the mother of two illegitimate children named Jenny and John. Duncan Cameron is the father of them. Jenny is six years old and John three. I first became acquainted with Duncan Cameron when he was employed at Mr Pearpoint's seven years ago. I have asked him to support the children. My father died about twelve months ago, and then asked defendant to provide for the children. He paid me £2 per month from July to December last. He sent me £2 last month. I have asked him since for money, and he said he would pay up but has not done so. He never refused to pay. I complain that he does not pay me regularly. The Bench remarked that they could not proceed with the case as he did not refute to pay...
Timaru Herald, 29 May 1894, Page 4
An affiliation case was heard by the Stipendiary Magistrate yesterday — Charitable Aid Board v. John Conway, labourer. The defendant and the girl had been fellow employees on Hakateramea station m the middle part of 1898 and beginning of 1893, and the girl stated that she was seduced under promise of marriage. The child was born in October 1893, but before this the father had disappeared. He however returned to the station, and Constable Bradshaw, of Kurow on January 8th last, took to him a letter from the Board requiring him to support the child and pay expenses of confinement, which were heavy, the mother having been very ill and admitted to the hospital. The defendant told the constable that he would write to the secretary of the Board about it, He, however, did not write, but left his work and disappeared. A warrant was issued and on this he was arrested a few days ago...
Timaru Herald, 6 December 1894, Page 3
The first meeting of the Hospital and Charitable Aid Board as recently re-constituted was held at the Hospital yesterday morning. There were present only Messrs J. Jackson (chairman), Gillingham, Coltman and Talbot. A good deal of disgust was expressed at a report that a woman in one of the townships is about to be confined of another illegitimate child, the board already paying for six of her children at Burnham at a cost of over £100 a year.
We assume our children know all about us but the truth is they don't really.
Timaru Herald, 5 January 1895, Page 3
Affiliation. Alexander Beattie, labourer, Waitohi, was called to show why an order should not be made against him, for payment of charges incidental to the birth of an illegitimate child, born in the barracks on Dec. 15th, of which he is the father, and for the maintenance of the child. Defendant did not appear. Mr Perry appeared for the Charitable Aid Board, and said this was a very bad case, and defendant would have to be dealt with severely if anything was to be got from him. He would ask for an order for the costs and for maintenance, and also that he find sureties for the due compliance with the order. The mother of the child, a Temuka girl, Emily Williams, aged 20, stated that when she found herself in trouble she asked defendant to many her. First he put her off and then refused to promise, said he had another case to settle, and anyhow she could not come on him for more than 7s 6d a week. She had tried to see him again, but was unable to do so. R. Orwin, secretary to the Charitable Aid Board, stated that the expenses of the confinement incurred by the Board were £4 2s. He had caused a demand to be made for the payment of this sum, through the police. Defendant had made no arrangement about it. Constable Bourke stated that he served the demand on defendant, and also one on behalf of the girl's mother for the maintenance of the child, which defendant admitted was his. He said he would see Mr Orwin and make arrangements about it. Asked him for an answer in writing, and defendant said he must see a solicitor first. Defendant called at the station and left word that he had no answer to give. Defendant had been earning £1 a week, but now was out of work and living with his father. His Worship said the new Act does not, like the old one, require a refusal ; neglect or failure to provide is sufficient. The question was, what could defendant afford. Mr Perry suggested that defendant himself had offered 7s 6d a week. He would ask for sureties, for fear the man would clear out, and he understood there were other girls in trouble through him. His Worship made an order for payment of £4 2s expenses, and 7s 6d per week until the child is 14 years of age ; application to be made for sureties if the payments are not made, or if defendant attempts to leave the district.
Births Mother Father 1895 Williams Mildred Beatrice Emily NR 1896 Williams Francis Emily NR
Timaru Herald, 12 January 1895, Page 4
A young man named George Devereux, arrested at the Cave on Thursday by Detective Livingstone, on a Police Gazette description, was charged with failing to comply with an order made by the Magistrate's Court at Winton in August 1891, to pay £4 4s costs and 10s per week for the support of an illegitimate child. There was upwards of £90 owing now. He understood that defendant wished to propose terms, and that the complainant had since married, which would simplify the making of a settlement. The case was adjourned till Monday next.
Timaru Herald, 20 February 1895, Page 3
The ordinary monthly meeting of the South Canterbury Hospital and Charitable Aid Board was held at the hospital yesterday. Present : Messrs J. Jackson (chairman), Moore, White, Gillingham, and Talbot. The case of a young woman at Geraldine, for whose illegitimate child the Board was making some provision, came up. She brought the child down from Wellington, and a letter was sent to the Board there with a demand for refund of expenditure. The secretary to the Wellington Benevolent Institution wrote that his Board knew nothing of the woman. He had ascertained that, she got into trouble (not for the first time) at Nelson, and was helped by the Salvation Army at Wellington, and thence went to another district. The Wellington Board decline any responsibility. She belonged to Geraldine, and her friends there are the persons to take care of her.
Mr White stated that the woman came to him last night, weeping, and told him that her mother, with whom she and the child were staying, threatened to turn her out if the Board did not provide for payment of the milk required for the infant. The girl suggested that the Board should take charge of the child, so that she could herself go out to service, and earn something towards its maintenance ; she could not get a situation while she had the infant. This was the fourth illegitimate child the girl had had, but she assured him it would be the last, she had had such a lesson" this time— she had been half starved. The chairman said it would be cheaper to give the woman rations and let her keep the child. To this Mr Talbot objected, that with the usual rations she would be very hard up ; she would be left open to temptation, Mr Gillingham protested against the Board providing for illegitimate children at all, while they higgled about assisting respectable widows with several children, and about helping a poor man with a large family such as they had just had before them. The principle was wrong, they were giving a premium to that sort of thing. The mother was only talking about turning the girl out as a try on, to get more money out of the Board. Mr White said that they must be careful not to drive the woman to extremes. Mr Talbot said that this was only one of the forms of distress that the Board had to deal with, whether they liked it or not. It was altogether out of the question to do what Mr Gillingham proposed, to put their foot down and do nothing at all. .. Mr Gillingham urged that the father should be sought for. The secretary said that there was no clue to his whereabouts. He took the girl from Christchurch to Nelson, and cleared out" and left her.. Mr Gillingham saw no hardship in refusing to do anything. Respectable people would starve before coming to the Board for assistance, and yet there was a great howl made about cases of this sort. He moved and Mr Moore seconded, that the application be not entertained, and that the matter be put in the hands of the police, and every possible effort be made to compel the father to contribute to the child's support. The chairman suggested that they might give so much a week to the girl's mother to provide milk, and if she refused to keep the child to stop her own rations. Mr Talbot thought Mr Gillingham's motion useless as it could have no effect. He moved and Mr White seconded as an amendment, that the matter be deferred for a mouth, Messrs White and Moore to inquire further into it and report at next meeting. They must, he said, deal with it as a case of ordinary distress. The amendment was carried, the chairman voting for it. Mr Gillingham protested against throwing the Board s responsibility on two members, and he remarked that they might as well start a female refuge at once.
Timaru Herald, 13 March 1895, Page 4
Temuka -Tuesday, March 12th, 1895. (Before C.A. Wray, Esq., S.M.) In an affiliation case, Mark Woodley was ordered to find security for an order made against him towards the support of an illegitimate child, himself for £50 and one surety or two sureties for £50, in default to go to gaol for 6 months.
Timaru Herald, 24 August 1895, Page 4
George Waterhouse (now in Napier) was summoned for neglecting to contribute to the support of an illegitimate child. He did not appear. Mr Raymond appeared for complainant, who gave evidence of the paternity of her child, which was born on March 20th, 1894. Defendant left Timaru before that date, without making any provision for the child. The expenses of the confinement were considerable, as she was seriously ill, and her life was in danger. ... She knew his people, and that he belonged to the Salvation Army, and thought he was respectable he ought to have been. The whole of the bills were not paid yet. Mr Raymond asked for an order for 7s 6d a week, and the expenses, and His Worship made an order to that effect Solicitor's fee was allowed.
Timaru Herald, 13 March 1895, Page 4
In an Affiliation Case, Mark Woodley was ordered to find security for an order made against him towards the support of an illegitimate child, himself for £50 and one surety or two sureties for £50, in default to go to gaol for 6 months.
Timaru Herald, 21 March 1896, Page 4
MAINTENANCE CASES. Charitable Aid Board v. H. Sehelke, suit for maintenance of an illegitimate, child. Mr C. Perry for informant, Mr Raymond for defendant. Mr Raymond said defendant admitted; the paternity, and the only question was 1 the amount to be paid. The defendant was a farm labourer, who had been earning 15s a week. A short time ago he; married another woman, before he knew of this responsibility, and they now had an infant child. Shortly after that he left his employment through illness, and m six weeks had earned only 14s. It was a question what he could do. His Worship suggested that the man and his wife should take the child, but Mr Raymond said the wife refused to; have it m the house. Mr Perry said the Board would be satisfied with 5s a week. The defendant had rather a bad character in this particular. His employer said he ought to have a good sum saved, but he spent his wages as he got them.
Timaru Herald, 11 January 1896, Page 3
William Waterhouse, a married man, was summoned to show why an order should not be made against him for the maintenance of the illegitimate child of a girl under 18, a small slim girl, who, His Worship said, looked not more than 15. In giving judgment His Worship said the one admission made by defendant was incredible in its form, and this affected his credibility in regard to his denials ; he had behaved abominably to a mere child, and although his circumstances were not good neither were those of the girl's family (the mother is in receipt of - charitable aid). He would make the usual order for 7s 6d a week and expenses of confinement £5 15s, with costs of this case £2.
Timaru Herald, 21 March 1896, Page 4
Maintenance Cases. Charitable Aid Board v. H. Sehelke, suit for maintenance of an illegitimate child. Mr C. Perry for informant, Mr Raymond for defendant. Mr Raymond said defendant admitted; the paternity, and the only question was the amount to be paid. The defendant was a farm labourer, who had been earning 15s a week. A short time ago he married another woman, before he knew of this responsibility, and they now had an infant child. Shortly after that he left his employment through illness, and in six weeks had earned only 14s. It was a question what he could do. His Worship suggested that the man and his wife should take the child, but Mr Raymond said the wife refused to; have it in the house. Mr Perry said the Board would be satisfied with 5s a week. The defendant had rather a bad character in this particular. His employer said he ought to have a good sum saved, but he spent his wages as he got them. His Worship said he would make the order small 4s a week was the least he could make it and if he could not pay he ; must go to gaol. There was a great deal too much of this sort of thing, and stringent steps must be; taken to stop it. Order made for payment of 5s a week, - with incidental expenses £3 3s, and costs of the application.
Charitable Aid Board v. John Wood, suit for maintenance order. Mr C. Perry, for informant, stated that defendant, a tailor, and a good workman but addicted to drink, left Timaru eight or nine months ago, leaving a wife and seven children here, chargeable to the Charitable Aid Board, and all he had sent towards their maintenance during that time was £5 17s 6d, and this was only sent on pressure being put upon him by the steps taken m commencing these proceedings. Evidence was given that defendant is a good workman, and ; when in work can earn 10s a day. The witness, however, said that work in the trade has been bad for a long time past. Evidence was also given that the defendant was of intemperate habits when in Timaru, and that the family had to be assisted by the Board. His Worship, in view of the number of the family and the possible earnings of defendant if he kept sober, made an order for £1 a week, to be paid into the Magistrate's court at Wellington.
Star 19 September 1896, Page 5
Magisterial. Christchurch. Sept. 19. (Before Mr R. Beetham, S.M. and Mr S. Lawrence, J.P.) Affiliation. — Percy Ernest Stapleton was charged with being the father of an illegitimate child, and failing to provide for its support. The defendant was remanded to appear at Timaru on Tuesday. Bail was allowed in two sureties of each.
Timaru Herald, 22 September 1896, Page 3
Timaru Herald, 24 September 1896, Page 4
Maintenance Case. A case, Puttick v. P. Stapleton, concerning the maintenance of an illegitimate child, was mentioned by Mr Raymond. (for complainant) who said that by a Clerical error the defendant (who is in custody in Christchurch) had been remanded to Timaru for Tuesday, when His Worship would not be present. His Worship said would take the case on Wednesday. The defendant was a domestic servant; aged about 21, and in addition to her evidence he would call two other servant girls friends of both parties, who had seen them together at various times, sometimes in secluded places. They had kept, company for about 4 years. When the girl told defendant that she was in trouble, he left Timaru and went to Christchurch. He was communicated with by complainant, who went to Christchurch to see him. She told him her condition before he left Timaru, and he told her to go to a chemist and get something, and that he would, fix things and make it all tight. When he left Timaru he did not tell her he was going. She met him in the streets, however, and he told her not to go back to Timaru but try St. Mary's Home. She had already tried the Home, and they told her to go back to her friends. He then told her he was married, and that he would take the child and look after it. Soon after that she had a letter from defendant's wife, promising to take the child. A female child was born on the 12th August last. Defendant had paid nothing, made no arrangements, and had not even repaid her 30s he had borrowed; from her at different times. ...
Birth Mother Father 1896 Puttick Ellen Emily NR
Timaru Herald, 29 October 1896, Page 4
James William Marshall was ordered to pay 6s per week for the support of the illegitimate child of Mary Ellen Gabey, of which he admitted he was the father.
Timaru Herald, 5 November 1897, Page 3
Dunedin, November 4. At the Police Court to-day, for disobeying orders of the Court for the maintenance of illegitimate children, James Marshall was sentenced to a month's imprisonment at Invercargill.
Timaru Herald, 16 January 1897, Page 4
Young man named Shelker, married, appeared in answer to a summons issued in June last, for non-compliance with an order to pay 5s a week towards the maintenance of his illegitimate child.
Timaru Herald, 17 March 1897, Page 3
One, or two letters dealt with cases at Christchurch. The secretary to the Home inquired whether the Board would pay for the keep of an illegitimate infant of a Timaru girl, received into the Home; if not, they, must be sent back to Timaru. The girl had been found wandering about Christchurch with her infant, in a very destitute condition. The father, a man named Amies, had been ordered to pay 5s a week for the child and in default had been sent to prison for three months. The chairman explained that the mother was taken into the Samaritan Home, and was working for her own keep there. It was decided to take no steps in this matter.
Civil registration of BDMs has been compulsory for Pakeha since 1847 and for Maori since 1911 (marriages) and 1913 (births & deaths), but this does not mean the records are either accurate or complete.
Timaru Herald, 25 August 1897, Page 3
Magisterial. Temuka — Tuesday, August 24th. (Before C. A, Wray, Esq., S.M.) Tekakahi Reihana, a native, generally known as "Scottie," was charged at the instance of Tupai Tekakahi with unlawfully leaving his child without adequate means of support, Mr Raymond appeared for complainant, and Mr Aspinall for defendant. Mr Raymond said that this was a case where a native marriage had taken place and there had been issue. He desired to amend the information, and proceed against the defendant for the support of his illegitimate child. Defendant's counsel agreed to this course. Mr Aspinall for defendant asked that he be granted the custody of the child. He could find a suitable home for it with a relative. As an alternative he was prepared to pay 3s a week. After evidence had been taken as to defendant's means of livelihood. His Worship intimated that he would have to be more energetic in future, as he would have to pay 4s a week for the maintenance of the child until it was 14 years of age. Costs were given against defendant. [Tekakati]
Timaru Herald, 18 September 1897, Page 4
J. McCourt, summoned for failing to comply with an order for payment of 5s a week for the maintenance of an illegitimate child, the arrears being now 30s, pleaded that he was prepared to keep the child himself, and the Court should, he considered, allow him to do it in the cheapest way to himself. His Worship said this matter had all been threshed out before, and he would not vary the order. Mr Raymond appeared for complainant. After some discussion of defendant's pleas, His Worship refused to vary the order, and sentenced him to 14 days, the sentence to be suspended if the money is paid. Mr Raymond asked for and was allowed solicitor's fee £1 is against defendant.
Timaru Herald, 2 October 1897, Page 4
An affiliation case, in which the complainant is 21 and the defendant, Gilbert Karton, between 17 and 18 years of age, was heard, Mr White for complainant, Mr Raymond for defendant. After the evidence had been taken, defendant was ordered to pay 5s per week, £2 2s doctor's expenses, and £1 is for Dr Thomas's fee as witness, and £2 2s solicitor's fee; to find a surety for the performance of the conditions, in default three months' imprisonment. Mr Raymond said there would be no surety obtainable except defendant's mother, and His Worship said he would accept her as surety.
Timaru Herald, 23 November 1898, Page 2
We are going to get married on Wednesday," said a young man to Mr Beetham, R.M., on Monday, when a charge of failing to provide for the support of his illegitimate child was read out to him by the clerk. "Do you think you can trust him to keep his word," asked his worship of the mother, or shall I keep him under lock and key until his wedding day The blushing bride m prospective thought she could trust the young man, and said so. Moreover, m view of the approaching nuptials, she wished to withdraw the charge. Oh, no, you had better not do that," said His Worship, he might get away again. The best thing to do would be to adjourn the case till after the wedding." The young woman, says the Lyttelton Times, agreed to this course and the cape was adjourned in accordance with the Magistrate's suggestion.
Timaru Herald, 4 February 1899, Page 3
Magisterial. Waimate — Thursday, 2nd February. (Before Major Keddell S.M.) : Albert Williams was charged with failing to provide for an illegitimate child: Paternity was admitted, and an order made for payment of 4s per week until the child is 24 years old, or of £20 in full compensation.
Timaru Herald Wednesday 1 November 1899 pg3
Temuka - Tuesday, Oct. 31st. Before C.A. Wray, Esq., S.M.
Joseph Kaku, a native, was charged with neglecting to provide for the maintenance of the child of Emma Waitai, age 17, of which he is the putative father. Mr Aspinall appeared for the complainant and Mr T. Cheyne Farnie for the defendant.
Timaru Herald, 1 February 1900, Page 3
Wednesday, January 31st. (Before C. A. Wray, Esq., S.M,).
G. Paice v. J. Reid, claim £60 13s 2d. Mr Hay for plaintiff, Mr Raymond for defendant. Witnesses were ordered out of court. Mr Raymond said that this case was one of considerable gravity so far as defendant was concerned. He had endeavoured to get two witnesses whose evidence was of great importance. One was a shearer who could not be found, and the other was at Ashburton somewhere and could not be procured. He might propose later on in the case, after calling all the evidence at his disposal, that the case be adjourned by His Worship to enable those witnesses to be procured. Mr Hay, in presenting plaintiff's case, stated that defendant was the father of an illegitimate child (stillborn on November 6th) of plaintiff's daughter Edith Paice, who afterwards also died ; that defendant had admitted the paternity and expressed regret, and had undertaken and repeatedly promised to pay all expenses incurred through his conduct to the girl. Mr Hay referred to several conversations to that effect between plaintiff and defendant. Evidence in support of Mr Hay's statement was given by G. Paice, and Mrs Paice. Under cross-examination both denied that any attempt had been made to procure abortion before the girl left Washdyke. Mabel and George Paice, children of plaintiff, also gave evidence in corroboration as to admissions and promises of defendant. Annie Wallace gave evidence re the illness and death of the girl. Mrs Harris, who formerly employed the girl, said that while with her she was very quiet and had a good character, Mr Raymond stated the ease for the defence. Defendant, stationmaster, came to Washdyke on 15th February, 1899, and the girl Edith Paice was engaged as servant. She left after having been there about eight weeks. During the girl's working hours defendant's duties necessitated his absence from the house, and gave him little opportunity of becoming intimate with her. After the girl had been there a few weeks, defendant found that she was rather of loose character. The girl left defendant's place, and up to that time had made no complaint whatever about his conduct. In fact she asked Mrs Reid to engage her again if she wanted help. After she had left Reid heard nothing of the charge against him, till one day plaintiff came m an excited way, and said that he (defendant) had seduced his daughter and threatened to shoot him. Reid denied the accusation. Some time after Paice again saw him and told him that drugs had been administered, and Reid again and repeatedly afterwards denied all responsibility, but plaintiff and Mrs Paice were convinced of defendant's guilt, and Reid's statements were taken as admissions of it. Evidence for the defence was given by the defendant, He denied that there had been any impropriety between the girl and himself, or that he had made any promises to pay expenses. The statements made by the plaintiff were absolutely without foundation. The girl asked him to help her away to Christchurch, and she would, write and clear him of any responsibility. Mrs Reid, Mrs Muller, and F. Dale also gave evidence. On the application of Mr Raymond the case was adjourned for a fortnight to procure the attendance of other witnesses.
Timaru Herald, 22 February 1900, Page 3
Magisterial. Timaru — Wednesday, February 21st (Before C. A. Wray, Esq., P.M.)
His Worship then gave judgment in the case Paice v. Reid. His Worship held. that the main question was whether the expenses were incurred at defendant's request. Plaintiff's daughter having died the only evidence produced was that of the Paice family, all their evidence being denied. Their story was so improbable as to be unworthy of credence. They failed to establish the claim that the girl was pregnant to Reid and that he had ever contributed a penny towards the expenses incurred on account of her condition. Under the circumstances the plaintiff had not made out a case to entitle him to a judgment.
Timaru Herald Tuesday 7 November 1899 Death
PAICE - On Sunday, Nov. 5th, Edith the beloved second daughter of George and Sarah Paice, Washdyke; aged 21 years and 11 months. Deeply regretted.
Timaru Herald, 4 April 1901, Page 3
A young woman named Maud White, arrested on Tuesday by Constable Perniskie, was charged that, on January 7th, at Timaru, she had committed perjury with intent to procure a warrant for the arrest of Denis Ryall, upon which warrant he was arrested on a charge under the Destitute Persons Act, 1894, by swearing to a complaint before a Justice of the Peace, that she being a unmarried woman was with child by Denis Ryall, and that he was about to leave Timaru without making adequate provision for the future maintenance of such child when born.
Birth Mother Father 1898 White Edgar Augustus Clarkson Maude NR 1901 White Elsie Maud NR
Star 11 May 1900, Page 3
Affiliation. Arthur Frisby, who had been remanded from Temuka, was charged with being about to leave the district without providing adequate means for the support of his unborn illegitimate child: Mr Wilding appeared for defendant. On the application of the police the case was adjourned until to-morrow to enable the mother of the child to be present.
Timaru Herald, 12 June 1901, Page 3 Temuka June 11th
Magisterial (Before Mr C. A. Wray, S.M.)
James Findlay, junr., was charged with being the father of the illegitimate child, since dead, of a young single woman, and demand was made upon him for payment of medical, nursing and burial expenses. Mr Raymond, instructed by Mr W. G. Aspinall, appeared for complainant, and Mr T. Cheyne Farnie for the defendant. Evidence for complainant was given by herself, her mother, Mr W. G. Aspinall, and Drs Hayes and Moore. Defendant gave evidence on his own behalf, and called Dr Warren to give expert evidence as to probable age of the child, etc. His Worship adjudged defendant to be the fatter of the child, and he was ordered to pay birth, nursing and other expenses, £24 2si solicitor's fee 2 guineas, and witness's expenses £2 12s. The Court then rose.
Timaru Herald, 6 July 1901, Page 3
Theresa Booth charged T. Goulding with failing to provide for his illegitimate child. Sergeant Green said that the accused admitted the paternity of the child, but he was at Burnham school, and was not earning anything. The master of the school said that be would get him a situation outside, and would see that a sum was paid per week to the mother of the child. The girl asked for 5s a week. Sergeant Green stated that the, accused had been sent, from gaol to the school for theft.
Timaru Herald, 10 July 1901, Page 4 Magisterial
Temuka, July 9th, 1901. (Before Mr C. A. Wray, S.M.)
Maintenance. George Kahu was charged with failing to comply with an order of the Court for payment of the maintenance of his illegitimate child. The amount in arrears was £7.The case was adjourned for one month.
Timaru Herald, 11 October 1901, Page 4
Waimate —Thursday, October 10th. (Before Major Keddell, S..M.) A. Griffin appeared on a charge of disobeying the order of the Court to pay 7s a week towards the maintenance of his illegitimate child. Defendant said he had no money, and could not pay.
Timaru Herald, 12 November 1901, Page 3 Before C.A.
Henry Heron was charged with being the father of an illegitimate child, of whom Emily Keenan was the mother, and failing to make proper provision for its maintenance. Mr Tripp, who appeared for plaintiff called evidence to show that defendant had bean keeping, company with the girl for some considerable time, and that he was responsible for her condition. On his suggestion she went to Waitaki to be confined, and while there he visited her, and proposed marriage. He had never denied the paternity till Court proceedings were taken against him for the child's support. Mr Raymond, for defendant, cross-examined at considerable length as to the general character of the plaintiff, but failed to elicit anything to compromise plaintiff's case. His Worship an order for 7s a weekly and expenses of birth and Court costs, defendant to find two sureties of £50, in default three months imprisonment.
Birth Mother: Father: 1901 Keenan Arthur Stanley Emily NR 1904 Keenan Charles William Emily NR 1908 Keenan Frederick John Emily NR 1971 Keenan James Reginald Emily NR
Star 4 January 1902, Page 6
One of the men selected for Fairlie's quota of the Eighth Contingent will not be able to go, and would not be allowed to go if he could, in consequence of some revelations made regarding him at the eleventh hour. He arrived at Timaru with the other Fairlie men by train yesterday morning, and after reporting at the Defence Office, all were dismissed till train time for Christchurch. As they left the office, one of them, George Davies, was arrested by Constable Crawford, on a warrant, for having failed to provide for an illegitimate child at Waimate. A few minutes later Davies stood before the Stipendiary Magistrate in Court, and admitted the charge. He was ordered to find a surety in £50 for the due payment of 7s 6d per week, in default three months' imprisonment. From the Court he was taken to the Police Station, and there he was identified by Constable Crawford, who has his photograph, as a man with a record of sentences for housebreaking and theft at Napier and Nelson.
Timaru Herald, 1 February 1902, Page 3
John McEnnis was charged with unlawfully 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 8th 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. The house was in a most filthy state.
Timaru Herald, 19 April 1902, Page 4 Timaru before
Caleb Armstrong was charged with being £l0 10s in arrears in the payment of an order of 5s per week for the maintenance of his illegitimate child. The defendant did not appear. Sergeant Warring said that he was at present working at the Lower Hutt. His Worship said that if the payment of the arrears is not made the accused must be arrested and brought back to Timaru. He would be given a month in which to pay.
Timaru Herald, 10 May 1902, Page 4 MAINTENANCE.
A young man named A. McPherson was charged with being about to leave the country without making prevision maintenance of his illegitimate child. Mr Hay appeared for defendant. Serjeant Warring said that the accused was arrested on Thursday on receipt of a telegram from Christchurch. The warrant was issued there, and would arrive in Timaru that afternoon. Mr Hay said that there was no evidence that the accused was leaving the district, and there was no foundation for the statement.
Timaru Herald, 23 June 1902, Page 4 WAIMATE
Thursday, June 19th (Before Mr J. Keddell, S.M.) MAINTENANCE. Williams v. Walker.— In this case the plaintiff applied for an order for maintenance of an illegitimate child and for costs of confinement.
Timaru Herald, 16 October 1902, Page 4 Timaru before
A young man named Donald MacKenzie, arrested on a warrant from Palmerston North, for leaving without making provision for an unborn illegitimate child, was represented by Mr Raymond, who asked for a. remand for a week. Defendant admitted that he was the father of the child, and he had no intention of evading his responsibilities, but left Palmerston North with the full consent of the girl. If the remand was granted arrangements would be made, by an offer of so much per week, and probably commuted for a lump sum. Defendant had no wish to leave the colony, and had only come down here, where he had friends, to get work. His Worship granted the remand, and fixed bail at one surety in £10; but on learning from Detective Fitzgerald that defendant had given trouble by clearing out before, the sum was raised to £50.
Timaru Herald, 21 November 1902, Page 4 Magisterial
Waimate Thursday, Nov. 20th. (Before Major Keddell, S.M.)
The Magistrate gave judgment in the paternity case Fitzharris v. Collins, evidence in which had been taken on the 6th instant. He said that after considering the evidence on both sides, which was very contradictory as regards the principal parties, he could not do otherwise than dismiss the information. Defendant was allowed costs. Manning v. Griffin.—Complainant applied for payment of arrears of weekly allowance ordered by the Court to be paid by defendant to complainant for the maintenance of an illegitimate child, the sum of £2 12s being due. Mr Hamilton appeared for complainant. The clerk of the Court proved the issue of the order, the payments made there under,: and the Arrears now due: An order was made that defendant pay the sum claimed within fourteen days with costs.
Timaru Herald, 27 February 1903, Page 3
Wild v. George Clark. The complainant, grandmother of an illegitimate child five years and three months old, sought for an order that defendant pay for the maintenance of the child. The evidence of complainant and the child's grandfather was taken, also that of defendant. Mr Hamilton appeared as complainant's solicitor, and applied for an adjournment, so that an endeavour might be made to have the evidence of the child's mother taken, she being at present an inmate of a hospital at Christchurch. An adjournment to the 12th of March was granted.
Timaru Herald, 21 March 1903, Page 4
Robert Oliver, alias James McDonald, was remanded to Dunedin on a charge of having failed to maintain his illegitimate child.
Timaru Herald, 13 April 1903, Page 4
A young man named Martin Christian, arrested at Wellington for leaving the Timaru district without having made provision for an unborn illegitimate child, was remanded till the 22nd as the case must be heard by a Stipendiary Magistrate. Bail was fixed at £50 and sureties of each The bail was forthcoming.
Manawatu Standard, 28 April 1903, Page 8
Wellington This Day. Judgment was given to-day in the case King v. Francis Minnis. The latter was convicted at Timaru of incest, and the point reserved was whether an illegitimate son could be held guilty of incest with his sister. The conviction on the charge of incest was confirmed.
Timaru Herald, 29 September 1903, Page 4 Destitue
Walker v Best, an application for issue of a warrant against the defendant for refusing to comply with an order of the Court for payment of 5s a week for the maintenance of his illegitimate child. The defendant said that he could get work shortly at the Smithfield Freezing Works.
Marlborough Express, 13 November 1903, Page 1
Christchurch, November 11. At an inquest regarding the death of the illegitimate child of Catherine Minnie Howard, born outside a house under remarkable circumstances on Sunday night, the mother of the girl and Dr Symes gave evidence. The inquest was adjourned. November 12. The inquest touching the death of the illegitimate child of Catherine Minnie Howard was continued to day. It appears that the girl was sent to Christchurch to the mother by the Timaru Charitable Aid Board in charge of a nurse, and the corner stated, addressing the jury, that the mother of the girl had told a story, which, though peculiar, seemed to him the natural symptoms of insanity. The girl's part diverted suspicions of what was really happening. The jury found, after twenty minutes' retirement, that the child died from want of necessary attention subsequent to birth, and added as a rider that ill their opinion the antagonism now apparently existing between the different charitable aid boards and institutions should be obviated by a comprehensive measure amalgamating all such bodies under one authority.
Timaru Herald, 19 August 1904, Page 3 Double charge
Victor Simmonds was charged with about to leave the colony without making provision for his illegitimate child. Mr J. W. White appeared for accused, and stated that as accused was only arrested on the previous afternoon, the complainant and witnesses did not know he applied for a remand. The same accused was charged with having stolen two butcher's steels, value 15s, the property of J. M. Halbert.
Timaru Herald, 23 August 1904, Page 3 Timaru
Magisterial before C.A. Wray
AFFILIATION. On remand, a young man named Simmonds appeared in an affiliation case. Mr White appeared for complainant, Mr Moore for defendant. Mr White asked for a further remand till Thursday. Defendant had promised to marry complainant, and as she had no parents, no consent was necessary. If the marriage took place the case would be withdrawn. The remand was granted, accused being allowed bail in his own recognisance of £50.
Timaru Herald, 19 January 1905, Page 4
A young man named Duncan Bruce was brought up on an application for an order to compel him to make provision for an unborn illegitimate child. Detective Fitzgerald, who prosecuted, stated that the information was laid at Masterton, where the parties had lived; the girl, a domestic servant, was now with her parents at Napier; and the prisoner had come to Timaru to seek employment. He asked that accused be required to find a surety in £50 that he would not leave the colony, and would make the necessary provision. Accused said he admitted the paternity and could furnish the security asked for, and the order was made accordingly.
Timaru Herald, 11 April 1905, Page 4 Before Mr Wray
M. J. Wilson applied for a maintenance order to issue against the father of her two-year-old illegitimate child, a man named McClay of, Waikouaiti. Mr Raymond explained that the man had married another woman, after the child's birth. He had made an arrangement to keep the child, and paid regularly for some time, in all £3l. He was, now about £l3 in arrears, and it was to secure future payments that they asked for the order. The father was in good work and never denied his paternity. She had received a letter from his wife stating that he would pay the amount due as soon as he could get it; 'you can't get blood out of a stone."
Timaru Herald, 10 May 1905, Page 3 Temuka
Bridget McGilliner v. Denis O'Shea, charge of failing to provide for illegitimate offspring. At the request of counsel (Mr Aspinall) this case was adjourned till 23rd inst.
Timaru Herald, 18 May 1905, Page 4
Mr Raymond appeared for a young man who was charged with failing to make adequate provision for the maintenance, of his illegitimate child. A similar complaint was made in respect of a youth named P. Ainsley. He admitted parenity.
Timaru Herald, 3 November 1905, Page 4 Timaru before
Percy Ansley was charged with failing to comply with an order for the maintenance of his illegitimate child. The arrears, Mr Hamilton, who appeared for complainant, said amounted to £l4 6s. Accused said that since the order was made he had been out of work; he was a labourer, and work had been slack. His Worship said he could not believe, that an able-bodied young man could not get work. Accused said he could pay 10s now; he could pay-up all arrears in a month, having now found work, case was adjourned for a month.
Timaru Herald, 20 July 1905, Page 3 MAGISTERIAL.
Timaru—Wednesday, July 19th. (Before C. A. Wray, Esq., S.M.) AFFILIATION.
The Magistrate was occupied about three hours interrupted by an hour's luncheon adjournment, over a case of bastardy, Harriet White v. J. Logan, in which Mr Rolleston appeared for complainant and Mr Hay for defendant. The case for complainant was that she, a spinster of 23, was confined of a male child in May last, and she asserted that defendant was the father of the child. Evidence was given by complainant and a sister that defendant, and he only, was keeping company with the former from January to December 1904 and complainant's mother testified that when taxed with getting the girl into trouble, defendant shuffled and said others were to blame. Defendant, on the other hand, swore positively that though he walked a few times with the girl, he had entirely ceased to see or speak to her after May, when he began walking with another, and a chum of his corroborated, this. Evidence was given, by both sides of conversations between the girl's mother and defendant, in which the former asserted and the latter repudiated responsibility. The defendant was the first to seek an interview because he bad heard that the mother blamed him, and he challenged her to take the case to Court, because she had disgraced him, and he "wished" to have the opportunity to clear himself. The last witness for defendant was a young man named Gill, who swore that he knew nothing of defendant's relations with the complainant, and he gave dates on which he alleged that he had intercourse with complainant himself. Mr Rolleston pointed out that one of these dates indicated the witness as the father of the child, and he asked him whether he would accept the responsibility of his answer. The witness said he would not, but it might be that he was responsible. His Worship said that the evidence a whole left him in doubt, and he dismissed the information.
Birth Mother Father 1905 White Keith Harriet Ann NR
Timaru Herald, 29 August 1905, Page 3 Timaru before
George McEwen charged with failing to make provision for the maintenance of his illegitimate child. Defendant admitted paternity and told the Court he was a travelling engraver. Fortune had not been favouring him lately, or he would have made provision. He was willing to pay 30s per month. An order was made for a weekly payment on that basis; and as accused, being a stranger in the town, could not find sureties, he was ordered to report himself periodically to the police.
Evening Post, 13 November 1905, Page 6 A Pitiful Case.
Timaru, 11th November. A pitiful tragedy was the subject of an inquest opened, at Geraldine to-day. From the evidence so far elicited it appears that a girl named Tiney, between 15 and 16 years of age, daughter of a carter at Mount Peel, yesterday gave birth to a child in an outhouse. It is alleged that she buried the infant. She then milked two cows before going indoors, where she became ill. Questioned by a constable, she said she thought the child was born dead, but a doctor is understood to be, prepared to say that it breathed, and that its skull was smashed with a spade or otherwise. The putative father of the child is a youth of 17. The inquest was adjourned for a week.
Timaru Herald, 15 December 1905, Page 3 MAGISTERIAL.
Timaru, Thursday, Dec. 4th, 1905. (Before Mr C. A. Wray, S.M.)
AFFILIATION. A youth named William Shaw (of Claremont) was proceeded against for the maintenance of his illegitimate child. Defendant, for whom Mr Raymond appeared, pleaded not guilty. Mr Alpers appeared for complainant, was was the mother of the girl involved in the case. In stating the case, Mr Alpers said defendant and the girl were tin own much together, their parents owning neighbouring farms, and at the end of last year the girl was employed on Shaw's farm. He described the girl as slow of mind, and so simple as not to know the consequences of what she had been doing. Defendant had taken advantage of her simplicity on many occasions. The girl was called, and described the intimacy between Shaw and herself. She was 19 years old. A child was born in October. Mr Raymond's cross-examination was directed to showing that the girl had been "walking out" with others, especially with one Tom Lockett, who had left the district. She admitted having been out late with him one night, and that she had been warned against him as "an Australian and Australians were not to be trusted," but he behaved respectfully to her. She had also but previously walked out" with, another young man named Green, who was a respectable young man. Her mother spoke to Shaw in January in her presence. Up to that time Shaw had continued to walk with her, after that he ceased to do so. At this stage the Court adjourned for luncheon. On resuming, evidence for the complainant was also given by the girl's mother and an aunt. Mr Raymond opened the case for the defence, and called the defendant, his mother and his sister. Their evidence was in direct conflict with that for the complainant. In giving judgment, his Worship said that in view of the conflict of evidence in the case, he found himself unable to adjudge the young man the reputed father of the child, and dismissed the complaint without prejudice." "One guinea solicitor's costs was allowed, against complainant.
Timaru Herald, 2 February 1906, Page 7 MAGISTERIAL.
Timaru Thursday, Feb. 1st. 1906 (Before Mr C. A. Wray, S.M.) AFFILIATION. A young man named McDonald, of Wellington, appeared in an affiliation case. Mr Raymond stated that as soon as he heard there was a warrant out defendant voluntarily came down, and offered a settlement. An arrangement had been arrived at, he to pay £7 7s expenses, and 6s per week, and it was asked that this be made an order of the Court. Defendant made the necessary admissions and an order was made as indicated. Defendant was also ordered to find security for £50 as well.
Taranaki Herald, 6 February 1906, Page 7
Timaru, February 6. At the Supreme Court, Mary Tiney, 15 years of age, charged with concealment of birth, was convicted and discharged.
Timaru Herald, 9 October 1906, Page 6
AFFILIATION. D. O'Boyle, a young man, was charged with failing to make adequate provision for his illegitimate child. Mr Alpers appeared for the plaintiff, and stated that the child in question was now about 3 years old and defendant who admitted the paternity had agreed to support it but had failed to fully carry out his promise. He made the last payment in June last, but altogether he was £31 in arrears. The original agreement was weekly payments at the rate of 7s 6d, and since November last an order was made that he should pay 10s. Defendant was an able-bodied man, and quite capable of earning good wages, and was at present receiving £2 per week. Defendant said he was not regular work nor always earning wages. His Worship said that he was quite satisfied that under the circumstances defendant could pay 10s a week, and made an offer for this amount to be paid weekly towards the maintenance of the child. Mr Alpers asked for surety in £50, and this was granted against defendant, he having to find the money in one or two sums. Costs, amounting to 21s, were also allowed.
Timaru Herald, 6 April 1907, Page 6
The affiliation case against Edward Houlihan was further adjourned till next Thursday, to have the case heard before the Stipendiary Magistrate. Neither defendant nor his solicitor were present, and the question of further bail was allowed to stand over till to-day.
Timaru Herald, 12 April 1907, Page 2
Foley, gave evidence that she was a single woman aged 18 and resident, in Waimate. In June, 1906. she was a waitress in a restaurant in Timaru and saw defendant almost daily, impropriety taking place, She then went to Christchurch and after staying there about, three weeks returned to Waimate. She was staying with her married sister when on March 9th, a child, was born, of which defendant was the father, but he was making no provision for it. Edward Houlihan said he was only out with her once and that was the night of the Freezing Works dance.
Birth Mother Father 1907 Foley Edward Joseph Bridget NR
Timaru Herald, 16 May 1907, Page 5 Timaru before Mr
C.A. Wray, S.M.
AN ILLEGITIMACY CASE. His Worship gave judgment in the case Bridget Foley (Mr S. G. Raymond) v. E. Houlihan (Mr O. T. J. Alpers) for maintenance of his alleged illegitimate child. The evidence of two witnesses taken in Invercargill was taken as read. His Worship said that on the face of it, the complainant's story was improbable, and he did not credit it. The stringent cross-examination of the girl's relatives, all interested parties, by counsel for the defense elicited that defendant had been out complainant on one night, only. The evidence was conflicting, and there were discrepancies in the complainant's evidence which the corroborative evidence not remove. He would therefore dismiss the information without prejudge with costs against complainant, amounting to £4 4s, £2 2s court costs at Timaru and Invercargill respectively.
NZ Truth 12 October 1907, Page 4
Percival William Smith — all too common a name to grace your offspring with — was charged with not providing for the maintenance of his illegitimate child, of which Daisy Nesbitt was the mother. Poor Daisy... Mr Cunningham was only employed at the last moment, and when Lawyer J. A. Flesher told him and Magistrate Bishop what he held in his hand in the shape of compromising letters, Mr Cunningham threw the brief up and - would have nothing to do with the Timaru mongrel.
Birth Mother Father 1905 Nesbitt Norman Paul Daisy NR 1907 Nesbitt William Percy Daisy NR
Timaru Herald, 27 August 1909, Page 2
James Thin was charged with being the father 9 of an illegitimate child and with failing to make provision for its maintenance. The case was adjourned to September 2nd to give opportunity for an amicable settlement.
Timaru Herald, 16 January 1906, Page 6 MAGISTERIAL.
Timaru - Monday, January 15th; (Before C. A. Wray, Esq., S.M.) ILLEGITIMACY. Peter Kreyl, a Hollander, a ship's cook by occupation, was charged on an information laid against him in May last year, with failing to provide for an illegitimate male child of which he was alleged to be the father, the child having been born in July, 1904. Mr Raymond appeared for complainant, a young woman named Annie Williams. Defendant in reply to the charge handed to the Magistrate a written statement to the effect that he never, wanted to have anything to do with the complainant, and he had been keeping company with, and wanted to marry, her sister but Annie came to his room and remained with him. He did not know that he was the father of the child, and suggested that he was not. He came, back to Timaru voluntarily and went to the house to see the sister, and proposed to marry her and take the child. He was willing, if an order was made, to pay 5s a week. He wished His Worship to ask that the child be brought to Court, and that he would read an attached letter from the complainant's sister. This letter was an urgent request that he would return to Timaru and marry her and was full of expressions of affection was not fully dated, but Mr Raymond said it was written last April. ...Asked by the Court why he had not sent any assistance to the girl, defendant said he had wished to do so but "he had met with bad luck. He had been twice shipwrecked since leaving Timaru, and in Sydney was stranded for a good while, hard up and unable to get regular employment. He had worked his passage over, and came straight to Timaru. The Magistrate said that by his own admission defendant might have been the father, and there was no evidence to the contrary, and he must be adjudged the father. An order would be made for the confinement expenses £5, to be paid off gradually, and 5s a week for the maintenance of the child, and solicitor's fee £1 1s.
1907 Peter Kreyl married Fanny Christmas and Fanny Helena Enerstine Kreyl was born in 1907.
Timaru Herald, 4 February 1908, Page 7 Timaru before
C.A. Wray, S.M. ABOMINABLE BEHAVIOUR
A young man named Peter Kreyl was charged with being, on January 29th, £4 in arrears in connection with an order made against him for the maintenance of an illegitimate child. Mr Emslie who appeared for accused, pleaded inability to pay. Mr S. Raymond, for the complainant, said that since the order was made accused had taken upon himself the responsibilities of matrimony with another girl, by whom he had another child. Counsel submitted that having contracted other obligations accused should have, made arrangements for his first-born, the illegitimate child. Although accused pleaded inability to pay he could not rightly claim the protection of the "Destitute Persons Act." His "Worship said the failure to pay was clearly contempt of Court. Mr Emslie pleaded that accused was under several obligations, including medical and funeral expenses of the child born in wedlock. The legal obligation to support his wife was as strong as the obligation to support the illegitimate child. His Worship said that as accused knew of his earlier obligation and had deliberately incurred others his plea could not be admitted. Continuing. Mr Emslie said he would personally undertake to see that the order for maintenance was complied with if the complainant would not insist on the arrears.
Timaru Herald, 22 October 1909, Page 7 Maintenance.
Peter Krail (Mr Emslie) was charged with being 43 weeks in arrears with his payments for the maintenance of an illegitimate child. From the evidence, it appeared that after the order of the Court had been made, the defendant had married, and now had a wife and child to support. On this account lie pleaded that he could not keep up his payments for the illegitimate child. His counsel argued further, that as the mother of the illegitimate child (for whom Mr Raymond appeared) had also got married since the issue of the order, her husband was responsible for the keep of the child born, out of wedlock, and of which the defendant was the father: His Worship held that if the defendant chose to take upon himself additional responsibilities by getting married after the order of the Court had been made, he must take the consequences. He would be sentenced one month's imprisonment, the order to be suspended so long as he kept his future payments up.
Timaru Herald, 7 April 1908, Page 7
In another case in which a young woman residing at Pleasant Point sued Alfred Gilbert, an ex-railway telegraphist, the defendant, who did not appear, was adjudged to be the putative father of the child and was ordered to contribute 7s per week towards its support and to pay £4 5s medical and nursing expenses, also solicitor's fee. Mr. Raymond appeared for complainant.
Timaru Herald, 10 December 1909, Page 2 A MAINTENANCE
Joseph Foster (Mr W. Raymond) was charged on information with having attempted v to leave the district without making provision for the maintenance of his unborn illegitimate child. It being intimated that the parties might come to an agreement, the case was adjourned till next Wednesday.
Timaru Herald, 10 June 1910, Page 2 MAINTENANCE.
Thomas Ferguson Parker (Mr Raymond), was ordered to contribute to the maintenance of his illegitimate child (7s 6d a week), and to pay expenses of confinement £5 2s. Mr Shaw appeared for the informant.
Timaru Herald, 20 June 1910, Page 3 Timaru before Mr
Walter Healey appeared on remand, charged with failing to pay arrears amounting to £l7 3s for the maintenance of his illegitimate child, of whom an Invercargill girl is the mother. Mr Emslie for accused, said that he was making a steady wage now, and all the parties were willing that he should many the girl. Healey had wished to do this before, but the parents had objected. Sub-inspector Green said that he had received no word of any compromise, and the girl was under age, so her parents' consent would have to be obtained. His Worship said that under the circumstances he would adjourn the case for a fortnight, Healey to report himself to the police every day at 5 p.m., and in the meantime the parties could get married if they chose.
Press, 21 July 1910, Page 8
Geraldine. (Before Mr V. G. Day, S.M.) On Tuesday James Joseph Quinlan was charged with failing to comply with an order of the Court, made last February, that he should contribute 15s a week to the maintenance of his wife and us for his child. Defendant, who did not appear, was sentenced to three months' imprisonment, the warrant to be suspended if the accused paid 25s a week until the arrears were made up.
Timaru Herald, 26 May 1911, Page 6
All order was made against Sarah Rainey for 2s 6d a week towards the maintenance of her illegitimate child. P. J. Farrow, the putative father, was charged with failing to provide a proportion of the maintenance of the same child, and the case was adjourned to Monday next.
Birth Mother Father 1908 Rainey Phyllis Lucy Sarah NR
Timaru Herald, 16 June 1911, Page 7 Magisterial
before Mr V.G. Day
AFFILIATION. James Albert Glover, of Dunback, Otago, was charged with being the father of an unborn illegitimate child, and with failing to make provision for the same while about to leave the district, the charge being brought on the information of the mother, a single woman, living in Timaru, for whom Mr Emslie appeared. Sir Campbell appeared to defend, and submitted that the case should be dismissed, because there was no evidence that there was any ground for the proceedings. Mr Emslie asked for an adjournment, and this was granted till Thursday, August 10th. Accused's father entered into a bond of £50 that accused would appear when wanted.
Timaru Herald, 18 August 1911, Page 7 Timaru
Magisterial before Mr V.G. Day
AFFILIATION. William Green, on a charge of failing to provide maintenance for his illegitimate child, was remanded to appear at Te Kuiti on Monday next. Bail was allowed, accused in £100, and one surety of £100.
Timaru Herald, 19 July 1912, Page 9 Timaru Mr V.G.
MAINTENANCE. A young woman (Mr Emslie) proceeded against. Henry Heron (Mr Campbell), for being £25 in arrears of payment of a maintenance order towards the support of an illegitimate child of which defendant was adjudged the putative father. Defendant stated that in January 1911, he met with an accident, and up to that time he had kept up the payments. He was not able to do any work till October, and then only odd jobs, for which he received goods such as potatoes, fowl wheat, etc. In February he went out on a threshing milk and between then and May he earned £45. Apart from this he had 1 only earned about £5 in doing small jobs. The money he earned had been spent in keeping up the house for which a rent of 10s 6d a week was paid. In reply to a question, by his Worship defendant stated that the house rent was paid by his wife, who earned the money by taking in sewing. The payment of arrears was suspended, provided defendant makes future payment at the rate of the order, 7s per week.
Timaru Herald, 25 February 1913, Page 3 ARRESTED AT
A man named John Thomas Aitcheson was arrested at Ma Waro on Saturday last, he being wanted for failing to provide for the maintenance of his unborn illegitimate child at Dunedin. He pleaded guilty, and was remanded to appear at Dunedin.
Press, 30 May 1913, Page 5
Temuka. (Before Mr V. G. Day, S.M.)
George Kennington was adjudged to be the putative father of an unborn child and ordered to find a bond of £100 to appear when called on.
Timaru Herald, 17 September 1913, Page 8 SUPREME
Timaru —Tuesday. Sept. 16,1913. (Before His Honour Mr Justice Dennis)
AN AFFILIATION CASE. Michael Hannifin (appellant) v. Kathleen Brosnahan (respondent). Mr Raymond, K.C., with him Mr J. S. Moore appeared for the appellant, and Mr Ulrick the respondent. This was an appeal from the decision of the Stipendiary Magistrates who had made an order against the appellant to contribute 7s 6d a week towards the support of the illegitimate child of the respondent, he being adjudged to be the father of it. The appellant, he said, was a single man living at Epworth, near Temuka, and the respondent was a single woman whose parents lived at Kerrytown, but three years she had been a servant at the Arowhenua Hotel. Kathleen Brosnahan, the respondent, gave evidence to prove that the appellant was the father of her illegitimate child. The appellant had asked her to blame Dick O'Brien, as he had the most money. Witness replied that it was not the man with the most money that she wanted, but the father of the child. Appellant then promised to fix things up later on. The baby had cause her a lot of worry and she had scarcely had a night's sleep since it was born. The child was born at 8 months said Dr Loughnan. Minnie Brosnahan, sister of the respondent, said she had often seen the appellant with her sister. Hugh T. Brosnahan, father of the respondent.
Timaru Herald, 27 May 1913, Page 10 TOO PRECISE TO BE
The adjourned affiliation, case in which a Kerrytown young women claimed support for the maintenance of her illegitimate child from Michael Hannifin, junr., of Waiapi, was continued at the Courthouse yesterday. In commenting upon the case the Magistrate said "When you get three or four witnesses swearing as to exact dates of ten months ago, it is too ridiculous to believe," said His Worship, "especially when there is nothing to fix the dates, or to remind them witnesses of them definitely."
Press, 8 October 1913, Page 3 Geraldine
George Kennington, who admitted paternity, was ordered to pay 7s 6d a week from August 3rd, towards the support of his illegitimate child, with £9 16s costs, and to find surety in the sum of £50. [George Sharpe Kennington b: 1857 in Waddington, Lincolnshire and died 10th August 1927, aged 70, and is buried in Geraldine. He married Pamela Illingworth in 1913. She died in 1943, age 84.]
Timaru Herald, 31 March 1914, Page 5
Robert Palmer, charged with failing to make provision for his illegitimate child, was remanded to Christchurch.
Timaru Herald, 24 June 1914, Page 11 MAGISTERIAL.
Temuka, Tuesday June 23rd. (Before Mr V. G. Day, S.M.)
MAINTENANCE CASE. A charge against Gordon Mason, of being the putative father of an illegitimate child, was adjourned for medical evidence till July 7. Mr Joynt appeared for complainant, and the defendant, who did not appear, was not represented by counsel.
Timaru Herald, 8 July 1914, Page 8 MAGISTERIAL.
Temuka, Tuesday, JULY 7. Before Mr V. G. Day, S.M.
AFFILIATION. Gordon Mason was adjudged, the father of an illegitimate unborn child and was ordered to find a surety for £150 that he would comply with any order of the Court that might be made later in respect to the child. He was also ordered to pay costs, including solicitor's fee £2 2s.
MAINTENANCE ORDER. Margaret Radford (Mr Aspinall) proceeded against Leonard Radford for £l6 14s 4d, arrears in a maintenance order for the support or his two children. Mr Aspinall said the children had been left by defendant with his mother-in-law, and not a sixpence had been paid towards their support. An order was made for payment forthwith in default three weeks' imprisonment.
Timaru Herald, 27 August 1914, Page 9
Edward Sullivan was adjudged the father of an unborn illegitimate child and ordered to find a bond for £l50 and pay solicitor's fee of £2 2s.
Timaru Herald, 18 August 1916, Page 4 Magisterial
A maintenance order for 7s 6d per week was issued against John McGrath for the support of his unborn illegitimate child.
Timaru Herald, 6 December 1916, Page 9 Magisterial
Timaru, Tuesday, Dec. 5th, 1916. Before Mr V. G. Day, S.M.
Illegitimacy. Harry Johnson, alias Horace Johnson, the parentage of his illegitimate child and was ordered to pay 7s 6d per week towards its maintenance, and £6 6s confinement expenses.
Ashburton Guardian, 16 January 1920, Page 5
Charles McAteer, Waitohi, having paid the amount of arrears of maintenance into Court; (£7 10s), was ordered to pay solicitor's fee (£1 1s)
Ashburton Guardian, 10 September 1920, Page 4
Charles McAteer, Temuka, was proceeded against for a sum of £5, representing the amount in arrears for the maintenance of his illegitimate child. Mr Buchanan, for the plaintiff, said the defendant had given a considerable amount of trouble. Every three or four months it was necessary to take out an order against him. The Magistrate, said the defendant would have to maintain the child. He sentenced him to two months' imprisonment with hard labour and ordered him to pay £1 1s, solicitor's fee, the warrant to be suspended for 14 days.
Now days it is not uncommon for a marriage to take place well after one or more children have been born.
Police Gazettes 1900
Charles Gibbs illegitimate child Timaru Charlotte Elizabeth Dineen
Frederick Daly unborn illegitimate child, Timaru, Annie Thomas. Frederick Daly Illegitimate Child Arrested in Timaru
Edward Dean illegitimate child, Geraldine, Christabella Morrison
Year Infant Mother Father 1900 Dineen Linda Gibbs Elizabeth Charlotte NR 1900 Morrison Duncan Christabell NR
There were 650 decrees in divorce during 1921 in NZ of which 401 were on husbands' petitions, and 395 on the petition of the wife.
Anything is possible - I don't believe there was any requirement for any other proof that the info the mother provides -- only DNA testing would prove the real parentage. Marriages and kin relationships sometimes invented when registering babies born out of wedlock during this time for marriages to be invented to avoid scandal and shame on the family. There are examples of marriages written in family bibles but after much investigation never actually took place. In some cases it is because there was already a wife back in the "old" country. Marriages were invented for a variety of reasons. If you cannot find a marriage certificate try looking closer to the actual day the first child was born.
All records are registered in accordance with the requirements of the Births, Deaths, Marriages, and Relationships Registration Act 1995, or applicable legislation at the time.
Timaru Herald, 14 April 1882, Page 2
Illegitimacy in the Australian Colonies is steadily on the increase, as shown by Mr Hayter's statistics in the Victorian Year Book for 1880-81. The following is the proportion of illegitimate births to every 100 children born during 1880 :— New Zealand, 2.30. The mean rate for eight years in New Zealand is only 1.57. The ratio of increase is less in New Zealand than in any of the other colonies compared.
Evening Post, 21 August 1906, Page 6
The number of births registered in the colony during 1905 was 23,682, or 27.22 in every 1000 persons living. The rate is the highest reached since the year 1894, the number of births being 916 in excess of that for the year 1904, an increase of 4.02 per cent. From 1882 until the year 1899 there was a regular fall in the birth-rate. The number of births registered in a year reached 19,846 in 1884, and, after falling to 17,876 in 1892, has risen to 23,682 in 1905 as stated above. There were 242 cases of twin births (484 children), and triplets were registered in three instance's, in 1905. The births of 1082 children were illegitimate : thus 46 in every 1000 children born were born out of wedlock, against 45 in 1904. Other figures are given which show the proportion of illegitimate births to every 100 births for this colony to be very steady for the period 1896-1905 ; the difference amounts only to 0.09 per cent, on a comparison of the first and last years. The total number of births registered was 19,299 in 1886 and 23,682 in 1905, while the illegitimate births rose from 602 to 1082. The causes that led to the fall in the birth-rate certainly did not greatly affect the number of illegitimate children.
Otago Witness 1 July 1908, Page 67
The births of 1157 children were illegitimate; thus 46 in every 1000 children born were born out of wedlock, against 47 in 1906.
Evening Post, 7 May 1927, Page 7
The proportion of illegitimate to totals births in 1926 reached the unprecedentedly high figure of 5.17 per, cent., no fewer than 1473 of the 28,475 births during the year being illegitimate. The previous highest rate, in recent years at least, were those for 1924 (4.77 per 100) and 1920 (4.76 per 100). A study of the quarterly figures of illegitimate births would indicate that the unenviable record for 1926 was in some degree associated with the Dunedin Exhibition. Not only was the proportion of illegitimate births the highest yet recorded, but the proportion of cases (21.44 per cent.) where a legitimate child was born within seven months after the marriage of its parents was also considerably higher than usual, the five years', figures being: 1922, 1557; 1923, 618; 1924, 1664; 1925, 1657; 1926, 1791.
Evening Post, 18 January 1932, Page 8
The NZ Official year book shows that the number of registered births in 1930 were 26,797, that was 50 more than 1929 but 1138 less than 1913. In 1930 births of 1371 children (742 males, 629 females) registered in 1930 were illegitimate, as compared with a total of 1327 in 1929. The registration of 385 adopted children was effected in 1930, as compared with 402 in 1929.
Evening Post, 18 January 1932, Page 8
The NZ Official year book shows that the number of registered births in 1930 were 26,797, that was 50 more than 1929, but 1138 less than 1913. In 1930 births of 1371 children (742 males, 629 females) registered in 1930 were illegitimate, as compared with a total of 1327 in 1929. The registration of 385 adopted children was effected in 1930, as compared with 402 in 1929.
It has generally always been an offence not to notify the register of a New Zealand life event that must be registered. In current legislation it states that “Every person commits an offence who having had the relevant provision of this Act drawn to the person's attention, fails or refuses to give any information required by this Act to be given”. On summary conviction, the person is liable to a fine not exceeding $1,000.
The 1992 NZ Official year book shows that the number of registered
1990 60,153 births, ex-nuptial births birth rate per 1000 was 51.12%
1981 50.794 births, and the ex-nuptial (non married women aged 15 -49 years) birth rate per 1000 was 38.81%.
1936 28,395 births, ex-nuptial births birth rate per 1000 was 6.71%
In 1990, 73% of all Maori births were classified as ex-nuptial and they counted for one quarter of the country's ex-nuptial births but this arises from the fact that Maori customary marriages are not legally recongnised.
There are approximately 10 million records of births, deaths, marriages, civil unions and name changes registered with Births, Deaths and Marriages.
Manawatu Times, 15 August 1902, Page 4
From Wanganui Hospital Board, suggesting amendments in the "Registration of Births and Deaths Act' and " Destitute Persons Act." The object of the first suggested amendment is to compel the disclosure of names of fathers of illegitimate children which will be registered at time of registration of children. The Board agreed with both amendments and decided to refer them to Messrs Pirani, Lethbridge and Stevens, M's.H.R.
NZ Truth 1 October 1910, Page 8
The Timaru Hospital and Charitable Aid Board is much incensed at the legislation that makes local bumbles responsible for the maintenance of innocent youngsters born out of wedlock. The case under discussion was that of a girl who bad applied for assistance towards the maintenance of her second illegitimate kiddie —her "second edition," as the angered W.S. Maslin put it. The secretary added, "The father is in Tasmania, and the girl isn't sure that she Knew his right name." The wealth-producing laboring class is never represented. This indignant splurge is so much wasted breath that might have been profitably employed in blowing up bladders for the Timaru football matches. The father is liable for the maintenance of his bar-sinistered offspring but, if he has disappeared beyond horizon, the mother has to keep her howling indiscretion. It is only in the event of each of these people failing to do their duty that the Charitable Aid Board's pocket is touched, so that there is absolutely no necessity to write to the department urging that the mother be called upon to up.
Ashburton Guardian, 30 August 1916,
Timaru, August 29. At the Supreme Court here to-day, before his Honour Mr Justice Denniston, a case of a peculiar nature was heard, relating to a North Canterbury farmer. His Honour remarked that he could not understand a man allowing such a family skeleton to come into the Court. The case was an appeal by John Moorhead against a decision of Mr V. G. Day, S.M., who had ordered him to pay 10s a week towards the support of a boy, whose mother was his (Moorhead's), cousin. Mr Donnelly, of Christchurch, appeared for. the appellant, and Mr W. D. Campbell for the respondent. Mr Campbell said that the respondent was a cousin of Moorhead's, and her sister was married to Moorhead. The two sisters came out from England about 30 years ago, and when Moorhead married one of them he asked the other one (the respondent) to live with them always. Respondent lived in his house for about 25 years, and worked for her keep. During this time she bore two children to Moorhead. One of them was now a man 25 years of age, and the other was a lad of 12 years. Moorhead was living on a farm near Methven. About four years ago the respondent left him because of the treatment meted out to her. She had been finally put to skinning dead sheep. When she left she did not take her boy with her. She had to go out to service and had no place for him. She left him with his father, he having always been brought up as one of his family, and taught to believe that his mother was really his aunt. This boy had been born at Glenmark, where his father then had a farm. The vicar who was there at the time baptised the baby, believing it to be the legitimate child of Mr and Mrs Moorhead. The child had been brought up in Moorhead's house just as though he was one of the family, until he was eight years of age, when his mother left Moorhead's roof. Moorhead then sent her an unkind letter, telling her to take her boy away from his place. Following this letter the boy was sent down to Timaru. and the mother earned her living there going out to service. In this way she had kept her boy and herself, and was getting along all right until her eldest son, who had taken up land, fell ill and she had to care for him. The task then became too much for her, and she applied for assistance from they father of her boys. Under the Destitute Persons Act no order could be claimed in respect of an illegitimate child over six years of age unless it could be proved that the father had contributed towards the support of his child within the 12 months preceding the application for assistance. In this case the father had so contributed, having had the boy at his place for six weeks at Christmas. This brought Moorhead within the Act. There was no real dispute as to the paternity. Moorhead had been in Court when the case was heard in the lower Court, and he had not brought any evidence to deny paternity.
John Moorhead married Eleanor Ross.
Birth 18 August 1904
Last name Moorhead
Given names: Frederick Stewart
Frederick Stewart Moorhead d. 1985
Martha Ross, aged 17 and Eleanor Ross aged 22 from County Down, machinists, came out to Canterbury by the steamship Arawa which sailed July 16 1887. Fare including ships outfit 32 pounds paid to government and 20 pounds owning. Ticket number 1474. The direct streamer s.s. Arawa arrived at Port Chalmers, Otago, 29 August 1887 via Plymouth with 308 passengers, after 40 disembarked at Hobart.
All divorces had to be dealt with by the Supreme Court - jurisdiction was transferred to the Family Court only in 1982
This has been an interesting study about children born out of wedlock in New Zealand over the past 150 years. Mothers went to their grave without disclosing the truth. Some have had a shock of their lives to discover that on their birth certificate that there wasn't any name listed for their father, even the date they celebrate their birthday is off. That their mother didn't marry but assumed her mate's surname and so did the children creating an elusive birth registration. Often there was more than one child born out of wedlock to the same couple. So when those girls go to marry they signed their name with what they grew up with. So their name on their marriage record is now incorrect. Will they have any problem applying for a passport- proving their identity? Their birth certificate does not match the name they are known by. By searching DIA BDMs (NR meaning 'Not recorded', will display when no father is listed), Papers Past for affiliation cases and Archways for divorce files you can sometimes work out the name of the father as it is on public record now. Just because it says NR on the BMD site doesn't mean the father is unknown. There are instances where the father and some children have him named and some don't, even after marriage, maybe this was transcription error or unreadable entry in some cases or else there has been a bit of 'hanky panky' during the marriage. A lot of early births are not on site as registration in very remote districts sometimes didn't happen. Some girls, or the girl's parents if she died during childbirth, had the courage to take the father to court to obtain a maintenance settlement and / or register their son's name with the father's full name or register a daughter with the middle name same as the father's surname. It was good to see way back that efforts were made to trace the fathers of those illegitimate children, and make them accept the responsibility for the maintenance of those they have been instrumental in bringing into the world. This is what happened in that era and it still goes except that it is heard in the Family Court, and no newspaper reporters are allowed to listen to the proceedings since 1982. The age at marriage or parenthood on the health of parents and children matters. The very youthful mother does not possess the experience required to rear the child. Early motherhood is often followed by life-long injury, to the constitution of the mother. Sometimes the girls follow in their mother's footsteps. An immigrant, an unwed or deserted woman with a child would sometimes make up a romantic tale of a death at sea of a non-existent husband, and a look through the various indexes of deaths at sea will not produce any result. Today we see birth notices recorded in the Timaru Herald which only record the mother's name, no mention of the father at all. This happens about ten times a year. Quite often you get the same mother with different fathers recorded. This shows just how much modern society has accepted the process.
The names of a child's parents may not be correct on their birth registration.
Everleaner Miller nee Jackson deserted by her husband, Walter Miller, for a Wm Shears and took her three daughters with her. William SHEARS' family owned a brickworks in Timaru. Emma Miller was born in Geraldine, NZ in 1875. Her sister was Elizabeth was b. January 1878, in Christchurch, died in 1922 in the Clutha, at age 45 and soon after the birth of her baby Gwendoline Elizabeth LYON, who was adopted out c.1922. Walter died in 1904.
The Deceased Wife sister
Timaru Herald, 25 September 1877, Page 3
WIFE AND NO WIFE, (A colonial marriage bill lyric)
" Married ? Of course we are married.
Where? In the Colonies, man,
There my first wife, too, is buried.
(Then 'twas my sorrow begun.)
This is her her sister _________ Confound it!
What's that you mutter? "No wife " ?
Your words don't mean that, though they sound it.
You dare not say that for your life !"
He was a Colonist newly
Home — this was home — for a space.
Loyal of spirit and truly
English in heart as race;
And with a fine indignation
Fiercely he quiver'd and glowed,
As with a nice hesitation
Answer the other bestowed.
"Your case is a cruel one, mister,
But this is how we lay it down:
You married your buried wife's sister
By law that's approve by the Crown.
She was yours while in Melbourne you tarried,
And your children in wedlock begot,
But by taking a voyage you unmarried
And your babes are —I dursn't say what!
Is it true?" the Australian demanded,
With anguish and terror perplexed —
"Man and wive in the hour that we landed,
And worse than divorced in the next ;
And our little ones robbed of their birthright-
Degraded and branded with shame !
God help me! Is aught, on this earth right —
Is Justice a cheat and a name?"
"There is comfort," said he who had spoken :
"You can take up the links of the chain.
Return ! and the ties rudely broken
By that act will be mended again.
Your wife to your side will be cleaving,
Your babes will be from attack;
What you lost in the one act of leaving,
You will gain by the mere going back."
"Yes, yes with no though of but returning
Impatient the ship I await,
This land with dignity spurning,
My love for it curdled to hate.
God grant the return to that other,
To thunder till all understand
How the Mother-land deals with the mother,
How the little ones fare at her hand."
South Canterbury NZGenWeb Project
Page created July 2011. Updated Sept. 2014