Resident Magistrate's Court.

New Zealand Spectator and Cook's Strait Guardian, Volume XIII, Issue 1367, 8 September 1858, Page 3

Resident Magistrate's Court.

SCHRODER v. BAKER. The Rev. Arthur Baker. M. A., of Wellington, was charged by George William Schroder, Esq., of Nelson, for having asaulted Mary Schroder, bis daughter, on the 1st June, 1858. Owing to the peculiar circumstances of the case; the Resident Magistrate had issued a notice to the other Magistrates residing in Wellington, and its neighbourhood to attend. The following were present —- H. St. Hill, Esq., R.M., Messrs. S. Carkeek, C. D. IL Ward, W. 13. Rhodes, J. Johnston, G. Moore, W. W. Taylor, C. J. Pharazyn, C. W. Schultze, W. Fire, W. Fitzlierbert, A. Hort, W. Hickson, N. Lovin, W. Lyon, G. Hunter. Mr. Travers of Nelson appeared for the plaintiff, and Mr. King for the defendant. After argument as to whether the case should be

heard, inasmuch os certain proceedings against the complainant were now pending in the Supreme Court, the Bench deceided the case should be heard. The following witnesses were examined. Mary Schroder sworn — l am the daughter of George William Schroder of Nelson. I am in my thirteenth year. I have been three years at school at Miss Burbidge’s. I remember going to spend some time at lhe Rev. A. Baker’s. I do not recollect what month it was, I was there several days. I left one evening with Miss Burbidge. It was on a Tuesday evening, there was a fete at Ngahautnnga that day. I know Mrs. Langley, she is housekeeper at Mr. Baker’s. When I went to Mr. Baker’s, Mrs. Langley told me she should sleep in the same room with me. She did not sleep with me. My two sisters were with me at Mr. Baker’s, they slept in the same room with me. The toom adjoins the parlour, there are two beds in the room. I slept by myself in one bed. There is a sofa in the parlour close to the fire place near the bed room side; the back of the sofa is to the bedroom. I dined at Mr. Baker’s on that day about 2 o’clock. My sisters were at dinner there on that day; after dinner they went to Miss Burbidge's. I was lying on the sofa, Mr. Baker was writing in the same mom, there were three tables in the room, he was writing at the table, by the window. I had some notes in my pocket from Miss Burbidge. I had been reading them, and after reading them 1 put them in my pocket and lay down. I put my shawl over my feet. I fell asleep about a quarter of an hour after this. When I woke Mr. Baker came over to me. He took the shawl off my feet and pulled my dress out from under me, and put his hand in my pocket. He then put his hand under my dress, he touched my flesh * * * * he kept bis hand there about a minute. I did not say anything. He did what I have stated without my leave. I thought it wrong that he should do it. He knelt down and asked me whether I would not make friends. I said no, that I wanted Mrs. Langley. There was a noise like somebody coming in at the door. Mr. Baker got up and went away. I again asked for Mrs. Langley and Mr. Baker rang the bell. Mrs. Langley asked me what was the matter, I did not tell her; I told her I wanted Miss Burbidge, she said she would send for her. Mr. Baker said he would go; he then told Mrs. Langley she was to go. Mrs. Langley did not know which to believe. Mr. Baker told Mrs. Langley when she came into the loom, that I woke up crying. Mr. Baker went for Miss Burbidge and brought her back with him. Miss Burbidge asked me what was the matter, I took my sister Kate and Miss Burbidge into the bed room and told Kate what Mr. Baker had done to me, and Kate told Miss Burbidge in the bed room before I left. Miss Burbidge could not hear me when I told my sister. I went home that night to Miss Burbidge’s. I have never been to Mr. Baker’s since. I did not leave Mr. Baker’s until after tea that evening. Mr. Baker took tea with us. Mr. Baker did not do or say anything to me while we were walking home. I called out loudly when Mr. Baker did wbat l have stated. He then desisted.

Cross examined by Mr. King — I was ill at the time of this occurrence. Dr. Johnston was attending me at that time, he gave me medicine to take. I was not very unwell on the day in question. It was about 12 o’clock when I went to sleep on the sofa: I had not been lying on the sofa all day. I got up that morning at 11 o’clock. There is a clock in the room, it was on the mantel piece. I could not see the clock. My head was on the end of the sofa nearest the fire place. I went to sleep about a quarter of an hour after twelve o’clock. After waking I lay still; I did not go to sleep again. We dined about two o’clock. I was not awake at dinner time. I waked about 3 o’clock. Mrs. Langley put me on the sofa in the morning, she covered me up with a shawl. It was the same shawl that was over my feet. I told my mother what took place, she is the only person whom I told. I told her soon after she came from Nelson about a fortnight ago. I did not see my father when this occurrence took place, he was at Nelson. I saw him the day before. I called out very loudly when Mr. Baker touched me. I called out for Mrs. Langley. I did not tell my sister I had called out for Mrs. Langley. My sister is older than I am. The bed-room is larger than the space pointed out to me in this office; Miss Burbidge was sitting ar the foot of my bed at the time I told my sister. We were not near Miss Burbidge. I told my sister all that Mr. Baker had done to me. I heard all my sister told Miss Burbidge, she told Miss Burbidge all that I had told her; Miss Burbidge said she would tell Mrs. Langley. Miss Burbidge did not ask me any questions until after we got home. Mrs. Langley was sitting in a chair by my side, I was sitting at the end of the sofa. When Miss Burbidge came she asked Mrs. Langley what was the matter with me. She asked Mrs. Langley if I was all right, and then she asked me. I did not tell Mrs. Langley what had occurred. I did not tell Mrs. Langely [sic] at any time what Mr Baker had done. Miss Burbidge, my sister and self were in the bed room about a quarter of an hour. I came out first. Miss Burbidge and my sister came out 10 minutes afterwards. When I came out of the bedroom I sat on the sofa. My sister Amelia and Mr. Baker were in the sitting room; there were also present Walter Alzdorf and Hugh Jackson. My sisters came to Mr. Baker’s about 3 o'clock in the afternoon. They were visiting at Mr. Baker’s and went to school at 9 in the morning. Mr. Baker was sitting in the room when they returned. My sisters left the room before Miss Bmbidge came back with Mr. Baker. My sister Amelia older than I. She did not go with us into the bed-room. We had tea about 6 o'clock that evening. I did not go to sleep between 3 o clock and tea lime. I went home with Miss Burbidge directly after tea. Miss Burbidge has sometimes complained of my conduct at school, she complained of my being naughty. She did not complain of my not telling the truth. I was not separated from the other scholars. I did not sleep in a room by myself. I slept sometimes in one room, sometimes in another. I slept in Miss Burbidge’s room nearly all the time I was there. Miss Burbidge did not tell me why, nor do I know the reason why. I went to school at Nelson, I sometimes played about the streets there with my sisters. My father told me to say so. I have played with other children, I called Polly by them. When I got home that evening I told Miss Burbidge what I told my sister. I said before that I told Miss Burbidge all that had occurred. Re-examined— We lived down at the Port at Nelson; the house is close to the road. There are some houses at the back of ours. Mrs. Sharp lived there. I used to play in the road opposite the house. The sea comes up to the road. There was no one but Mrs. Sharp who lived near us. My sisters dined with Mr. Baker that Tuesday. They did not stop there; they went to Miss Burbidge’s and came back about 3 o’clock, after what had occurred with Mr. Baker. Miss Burbidge came two cr three minutes after them. I am quite sure I was awake when this happened. Miss Burbidge asked me to stay at Mr. Baker’s that night. By the Court — l had not dined when this took place; I dined afterwards. Only Mrs. Langley was present., I had some chicken for my dinner. Elizabeth Burbidge sworn — l am unmarried, and keep a school in Wellington. Mr. Schroder’s three daughters are at my school; the second daughter, Amelia, has been with me the shortest time. I remember they went to Mr. Baker’s on a visit in May last. It was with my sanction. The visit was proposed by Mr. Baker. Mary, the youngest, was then in delicate health, I saw her every day. Before she went to Mr. Baker’s, she slept in my room; she never during that time woke up suddenly. During that time she had exhibited no febrile symptoms. She was convalescent when she went to Mr. Bakers. When Mr. Baker proposed they should stay at his house, he said that during the night Mrs. Langley should sleep in the same room; that influenced me to allow their visit. I remember the first Tuesday in June. The girls were to remain until the following morning. I held classes on that day. There was a fete at Ngahauranga. The two elder girls attended my school on that day; they came about 10 o’clock. They returned to Mr. Baker's about half past 3 o'clock. I went to Mr. Baker's on that day. I was accompanied by the two eldest children and Mr. Baker. This was at the time I speak of. The two eldest girls dined with me that day. They bad not gone to Mr. Baker's in the interval between their going to school. Mr. Baker came for me and said, Mary had woke from her sleep with her head confused and was crying, and wanted to come home and see me. Mr. Baker’s manner was calm and collected. The girls were ready to go with me and we all went together. .When I got to Mr. Baker’s I saw Mary in the sitting room. Mrs. Langley was with her. She was quiet and pale, and looked as if she had been crying. She looked unhappy. Her sisters entered the room with me. I said I was glad to see her so well engaged; she was eating a pancake at the time. I went into the bed room with Kate and

Amelia to take off their hats. I left the bedroom alone. Amelia came out of the bed room when Mary went in. In consequence of something that was, said to me I went into the bed room again. Mary was sitting down. Kate said that Mr Baker had been rude to Mary. Kate looked excited, and her face was very much flushed when she said this. I asked her what she meant. She soid that Mr. Baker bad put his hand up Mary’s clothes. At the time I thought there was something I could not understand, O cou|d not suppose such a thing possible. I came out of the bedroom a few minutes alter I had recovered myself. Mr. Baker was in the sitting room. I said to him I did not know what to understand, I thought the child must have been dreaming. He said he thought so, and went on writing. I was undecided whether to stay or go away. Mr. Baker asked me to stay to tea and I remained. It was fair that evening but not very light. Mary refused to remain at Mr. Baker’s unless I stayed with her. We left the house about 8 o’clock. Mr. Baker, Walter Alzdorf, and Hugh Jackson accompanied us home. Mr. Baker walked on one side of Mary; he was going to take hold of her hand and she drew back. When we returned home I gave her her supper, and put her to bed, and asked her to tell me. what was the matter, and she told me certain circumstances similar to what had been told me by her sister. I have since spoken to Mary on the subject, her statement has always been the same. She said she aas awake at the time; she had been asleep and awoke a little while and saw Mr. Baker come into the room; he went to a table and began to write. He then went to the sofa and asked her if she would have any dinner, she said, “No I thank you.” He then went back to the table to write; he then went back to her, and first she said he put his hand in her pocket, and then he put his hand where he ought not to. She said she called for Mrs. Langley, and that Mr. Baker asked her to shake hands and be friends; she said she would not, then she cried and wanted to go home. Mr. Baker rang the bell for Mrs. Langley and she came in. Mrs. Langley said if he did not go for me she would, and Mr. Baker then took his hat and went for me. Mary is a very nice girl; when first she came to me she was a little wild. I had no occasion to separate her from her schoolfellows. I never observed any impropriety in.her conduct. I always had one of the young ladies to sleep with me, and I chose Mary because I liked her best. It being now a quarter past 5 o’clock the Court adjourned to Monday the 6th inst.

Monday, September 6, 1858. In consequence of the want of room, both for the Magistrates and the public, the Court adjourned to the Supreme Court. Elizabeth Burbidge cross-examined by Mr. King — I have had no conversation with any one since my attendance at this Court respecting this matter. The three Miss Schroders went to visit Mr. Baker on 27th May last ; they were to stop there until the Saturday following. I did not take them to Mr. Baker’s. Mr. Baker came for them. Mary was mounted on a donkey, and her sister accompanied her. She was not quite well; she required care and attention, and I believed she would get all the care she required at Mr. Baker’s. Mr. Baker was intimate with me; he visited my school as our clergyman. In that capacity the Miss Schroders visited him. I had the highest confidence in Mr. Baker. He was kind In his demeanour to the children. I went to Mr. Baker’s while the three Miss Schroders were there. I think I went there every day. I spent two or three evenings there. The Miss Schroders employed themselves of an evening with games and amusements; Mr. Baker joined in them; they were of a lively character; Mary was amused with them, and was lively on these occasions. Mr. Schroder, the father, was here about that time. I saw him on Monday, the last day of May. He arrived from Nelson on the Sunday, and called at my school the following morning. I told him the children were Staying at Mr. Baker’s. Mr. Baker had requested that the girls might remain with him until Wednesday for two reasons; one was his wish to take the two eldest girls to the Ngahauranga feast, the other that Mary would derive more benefit from her extended visit. I sent my servant with Mr. Schroder to show him the way. I went in the evening to see Mary, to see how she bore parting with her father. I found her much as usual; she did not cry when I was there. I went to Mr. Baker’s about 5 o’clock in the evening. On Ist June the chi drcn amused themselves as they did the previous evening. Mary joined in the games. It was not arranged that I was to go up on Tuesday. I should not have gone up if Mr. Baker had not called. Mr. Baker said Mary had awoke confused in her head, was uncomfortable, crying, and wanted to come home. Mr. Baker did not appear excited; he looked pale, and said he had a headache. Mary made no remark the evening previous about her father’s going away. She expressed no regret at not going to the Ngahauranga fete. Kate and Amelia dined at my house on that day; they came to me about 10 o’clock in the morning. Mr. Baker was only a few minutes at my house. I should say we retuned in half-an-hour from the time Mr. Baker left this house. Mary had on her usual dress that day; she had on a frock, two petticoats, stays, drawers, and chemise; the drawers opened behind and in front. When we went back, Mary was in the sitting room on the sofa, with her feet up; her feet were uncovered. Mrs. Langley was wi h her, sitting by her side on a chair. I said to her I was glad to see her so well engaged; she made no reply. I then went into the bed room with her sisters. I was there only a few minutes. I came out alone; Mary got up and went to her sisters. Mrs. Langley had left the sitting room, and Mr. Baker was writing. When I went back to the bed room, Kate and Mary were there. Kate immediately addressed me. Kale said, “ Oh< Miss Burbidge, I did not think Mr. Baker had been Such a wicked man.” M ry did not tell her sister in my presence. I said to Kate, ” What are you ta'king about ?” She said, “Tell Miss Burbidge, Mary.” She reulied, “ No, I can’t.” Kate then said, Mary had tcld her Mr. Baker had put his hand up her clothes while She was on the sofa. I said, “hush, be quiet, wait until we get home.” I did not know what to believe. We had tea and returned home about 8 o’clock. We were about ten minutes together in the bed room ; I left the bed room first. I said to Mr. Baker, I thought Mary must have had a dream, Mr. Baker said, “perhaps so.” Mr. Baker’s manner was calm and quiet. Mr. Baker went to the Archdeaconry Board. Mrs. Langley and I went into the bedroom together. I asked her what she knew about this affair between Mr. Baker and Mary. She said when the bell was rung and she came into the room Mary was crying and Mr. Baker was trying to soothe her, she said she wanted me and wanted to come home. When she continued in trouble Mrs. Langley said, if you do not go for Miss Burbidge. Mr. Baker. I will. Mr. Baker then left the house. I told Mrs. Langley word for word what Kate told me. Mrs. Langley was very much surprised, and said she could have trusted her own child with Mr. Baker; I said, I have done more, I have trusted other people’s. I told Mrs. Langley not to say anything about it; that there must be some mistake in lhe matter. I have spoken to Mrs. Langley since about it, it was a few days afterwards. Mary told me in the evening what Kate had previously told me, with more. I believed she thought it, but I did not know what to think of it. I did no write to Mr. Schroder on the subject. I wrote to Mr. Schroder to come over on account of Kate’s illness. She was taken ill early in July. Mr. Schroder arrived here about the 15th. I told him what Mary had told me. I have since spoken to Mr. Schroder on the subject. I continued my intimacy with Mr. Baker until Kate's illness. Mr. Baker saw her once when I thought she was dying. During the month of June Mr. Baker called frequently at my house, and I called once or twice with the Miss Schroders’ at Mr. Baker's. Mary went with us. She spent an evening at Mr. Baker’s after the occurrence. Since Mr. Schroder’s arrival I have mentioned the occurrence to other persons. I mentioned it to my housekeeper before Mr. Schroder s arrival. I also mentioned it to Mrs. Featherston. Mrs. Featherston had heard of it and called on me. I never complained to any one that Mary Schroder was a badly disposed young girl nor given to lying. Mary Schroder has slept some months with me. Kate and Mary came to my School in charge cf the Captain of the Steamer. After the occurrence on the Ist June, I wrote to Mr. Baker to call on me and read as usual to my scholars. I had a very high opinion of Mr. Baker. (Certain letters from Mias Burbidge to Mr. Baker since the Ist June were put in by Mr. King, the Bench having retired to consider them decided lhat they should not be read, Mr. King subsequently read extracts from them, they went to shew that Miss Burbidge had the highest opinion of Mr. Baker and continued on the same terms of intimacy with him). I have heard of scandal respecting myself. Mrs. ---- told me there was a report of my being intemperate in

my habits, I spoke to me of my scholars about this. I had a scholar named ---- she left about four months since, I sent her away because I did not consider her a fit companion fur the other girls, her conversation was not correct. The letters produced were all written by me subsequent to the occurrence in question. I have not in them referred in any way to that occurrence. I said all along I could not believe the story. Re-examined—l thought Mr. Baker from his Manner was paying me attention, but I admit I was mistaken. All my letters were written under that impression A. Johnston, MD. sworn — l was called upon to attend Miss Mary Schroder in May last. She was ill from an attack of influenza. I visited her on 31st May and 1st June. She was then recovering from the attack. I gave her tonic medicine. There were no febrile symptoms about her. There was nothing in her state of health to lead me to apprehend that she would be attacked with lightheadedness or nervousncss. I saw her at Mr. Baker’s on the 1st June in the sitting room. I saw her the following day at Miss Burbidge’s. I considered her sufficiently recovered to discontinue my attendance. Cross-examined — l had visited Miss Schroder on several occasions at Mr. Baker’s. I can’t say who was present on the Ist June. She had had a serious attack of influenza, it is a weakening and depressing complaint. Miss Mary Schroder was reduced by her illness. She was not strong enough to go out She had been spitting blood. From her weakness I should not be surprised to hear she had woke up crying. Re-examined—When I saw her at Miss Burbidge’s she was in the same state as before.

This closed the case for the prosecution, and the Court adjourned for three quarters of an hour. On reassembling the following witnesses were examined for the defence: — Margaret widow, sworn — l live as housekeeper with Mr. Baker. I remember the three Miss Schroders paying a visit at Mr. Baker’s. Mary Schroder was ill at the time. Dr. Johnston attended her. She came at that time on a Thursday, and left the following Tuesday. I believe the Nghauranga feast was on the Tuesday. I think Mary Schroder got up on the Tuesday referred to about 11 o'clock in the morning. When she was dressed, she went into the parlour and I left her there. I do not remember to have placed her in any particular part of the room. I did not leave her on the sofa there. Mary Schroder was getting better in health, but she had been very ill. When I went in again, she was lying on the sofa. This was a Iittle after one o’clock. I covered her up with a shawl. I threw it over her and tucked it under to keep her from the cold She was tucked up from head to foot. Her feet were rip, but not her head, with the shawl. She was awake then. I saw her again at dinner time. She was in the same state as when I left her, but she was asleep. This was after one o'clock, but I cannot tell the hour. Catherine and Amelia Schroder did not dine there that day. Mary Schroder did not wake while we were at dinner The bell rang and I answered it. I was in the Kitchen when the bell rang. I could hear in the kitchen people talking in the sitting room. If any one halloaed out in the sitting room and I was in the kitchen I should hear them. I did not hear Mary Schroder call out. When I went into the sitting room Mary Schroder was on the sofa. The shawl was wrapped round her then. I saw no difference from what it was when I left her asleep. She was crying I asked her what she was crying for, she made no

answer. I asked her several times. Mr. Baker was in the room, he told me to ask the child what was the matter. When I found I could get no answer from her, I asked her if she wished to see Miss Burbidge or to go home. She said she did. Mr, Baker asked me what the child had said and I told him. I told Mr. Baker I would put on my bonnet and shawl and tell Miss Bmbidge. Mr. Baker said he would go. I thought she might be crying from pain or loneliness. On the Monday Mr. Schroder came from Nelson, and took Catherine and Amelia out with him. Mary did not complain on Monday or Tuesday of being lonely. 1 saw her crying on Monday, she seemed to cry a good deal about her papa going away. Mr. Baker came back with Miss Burbidge and the other two Miss Schroders. I gave the child her dinner during Mr. Baker’s absence. I said nothing to the child and she said nothing to me. There was no one but the child and myself in the room while Mr. Baker was away. Mary Schroder made no complaint to Miss Burbidge in my hearing. Witness described the child’s dress on that day. I do not know how long I remained in the room after Miss Burbidge came in. When I returned, Mr. Baker, Miss Burbidge, and the three girls were in the room. Mary was sitting with her two sisters. Miss Burbidge told me that afternoon that Mary Schroder had told her sister Catherine that Mr. Baker had put his hand up her clothes She said nothing more. Miss Burbidge said she did not believe it, I did not believe it. Miis Burbidge told me not to mention it. I promised I would not. I was surprised Mary had not mentioned it to me during Mr. Baker’s absence. When the bell rang I noticed nothing extraordinary ia Mr. Baker's manner. Miss Burbidge asked the child to stay at Mr. Baker s that night and go home in the morning. She said she would rather go home. During the evening the children were playing at several games and Mary joined with them. I held a subsequent conversation with Miss Burbidge about this matter. She said she did not believe it. She said Mary was whimsical, and that she could not always believe her. The three Miss I Schroders and Miss Burbidge came to Mr Baker’s one day after the occurrence. Miss Burbidge told me a lady had complained to her that Mary used bad language. I do not remember that Miss Burbidge said anything else. I have been with Mr. Baker two years and three months. I never saw anything in Mr. Baker’s conduct during that time to lead me to believe Mary Schroder's statement to be true. His conduct has been kind to children.

Cross-exainined — I have had conversation with Mr. Baker about this matter. Some time after the occurrence he asked me if I knew anything on the subject. I refused at first to tell him, but subsequently I told him. I forget how he introduced the subject, I thought it was curiosity on his part I had almost forgotten the matter when Mr. Baker mentioned it. I was annoyed at the way the children left Mr. Baker’s. I never noticed any levity in the conduct of the children I received no instructions about sleeping with the children while they were with us. The first night they asked me if I was going to sleep with them. I said no. Mr. Baker never had any female children to sleep at the house before. I never told the children not to be surprised if Mr. Baker came into the bedroom. Mr Baker sleeps in the study, it communicates with the sitting-room. The girls told me Miss Burbidge had said I was to sleep with them. I believe Mr. Baker is not married. I heard the other day he was going to be married. I was surprised to hear it. Re-examined - I refused to tell Mr. Baker at first what Miss Burbidge had told me, because I promised her not to do so. The story made no impression upon me because Miss Burbidge had said she did not believe it. I had told Mr. Baker that Catherine was unwell, and he went with me into the bedroom. He asked her what was the matter with her. I do not remember what she said in reply. Mr. Baker offered her some medicine but she would not take it. By the Court — l can positively state that the shawl was wrapped round Mary Schroder’s feet when I went into the room after the Bell had rung. I cannot be mistaken about that. If it had been otherwise I should have noticed it.

Anna Bishop, sworn — l am the wife of W. Bishop, Chemist. I know Miss Burbidge, she keeps a School on Thorndon flat. She has been in habit of visiting us. She has spoken to me about her scholars and has asked my advice on many points. Miss Burbidge had a conversation with me in reference to the report about Mr. Baker. She said that when Mary first came to her she was addicted to telling untruths, but she believed that habit was eradicated. I cannot particularise any other conversation. Cross-examined— I have had the young ladies to spend the day with me; Mary among the rest. I did not object to their associating with my children. I do now in consequence of this report. William Bishop, chemist, sworn — I knew Miss Burbidge. I saw her last July when Mary Schroder was the subject of conversation between us. In answer to some remark of mine, she said that Mary Schroder had not always been so truthful as she would have liked. Cross examined --- She said she was not truthful when she first came to her, but latterly she had no reason to complain. She did not appear to disbelieve her statement at that time. I assumed from her conduct afterwards that she had not believed her. I occasionally belong to Mr. Baker’s congregation. I sympathised with him of course. I have a natural interest in clearing Mr. Baker of this charge. The writ Baker v. Shroder in the Supreme Court for an assault, damages L500, was put in by Mr. King and admitted by Mr. Travers. This closed the case and the counsel addressed the Court on behalf of their respective clients. It was now ten minutes past 12 o’clock at night, when the Court retired, and after upwards of an houi’s consideration of the evidence returned a verdict of Guilty. The defendant was fined Five Pounds and Costs,