The Inquirer and Commercial News (Perth, WA : 1855 - 1901)(about) |
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Wednesday 13 August 1890
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SUPREME COURT— CIVIL SITTINGS. (Before Mr. Justice Stone.) TUESDAY, 12th AUGUST. In re W. R. Bunbury, deceased. His Honor granted leave to the Trustee under the will to grant leases of the estate. Pearson v. Reynolds. This was an action by George Pearson, a Government schoolmaster at Quellington, in the York district, to recover £500 dam- ages from Thomas Reynolds, for alleged libel. Mr. Parker, Q.C., appeared for the plain- tiff, and Mr. Moorhead for the defendant. The case throughout was of a most un- savory and revolting character. It ap- peared that in consequence of some com- laints made to the defendant about the improper conduct of the plaintiff towards some of the female children attending the school at Quellington, he wrote to the District Board of Education on the sub- ject :— 'It is with great regret that I have ' to report to you the conduct of Mr. Pear- ' son, the Quellington schoolmaster, 'towards my little girl Eliza Railstor that ' was born in Albany. I see him with my 'eyes— (the letter there : describes the 'alleged indecent conduct.) Therefore, I
' would not let my children go any more, 'and I am quite sure it is not fit or proper * school for anyone to send their children 'to, which all the neighbours have taken ' their children from it, which you will ' find it out if you inquire into the matter.' The truth of this letter the plaintiff denied and brought his action in conse- quence, and alleged that it was written through spite and malice. The defendant, however, pleaded that his statements were true and put in a plea of justification. The plaintiff was called and denied the truth of the defendant's statements, and having put in the alleged libellous state- ment closed his case. For the defence the defendant's wife, Eliza Reynolds, was called. She said that four of her children went to the plaintiff's school, two of whom were girls. On one occasion plaintiff had occasion to do some painting at her house. Alter tea he was reading "Bible Narratives" with one of her girls. When witness came out of her bed- room she saw the girl and plaintiff together, Pearson having the girl's hand in an improper position about his person. She nudged her daughter's elbow and she got up. Next morning she beat the girl
for being in such a position. She did not there and then tell her husband it, because she thought it would create a disturbance in the house. She told him next morning, after the plaintiff had left. Witness did not afterwards allow her children to attend the school. She questioned her daughter about the matter before beating her the next morning. Her daughter had previous- ly told her that the plaintiff had been in- timate with her. Eliza Railston, a girl aged 10 years, said she was better known as Maudie Rey- nolds. The plaintiff met her twice on the road when she was going to school and took her into the bush. He seduced her and gave her 1s. . He was also familiar with her in the school. The other children could not see what happened because she was in a corner. The next day plaintiff met her again as she was going to school, and taking her into the bush again committed an offence upon her and gave her 6d. Subsequently again he took her into his bedroom and committed similar acts. She was at Mrs. Reynolds' on the evening related by the last witness. She was do- ing ' Bible Narratives ' and her mother came out of her bedroom and saw her hand in an improper position on his person. She told her mother nothing about any of the defendant's conduct until the following morning, when her mother beat her. She did not like to tell her mother. Plaintiff used to take improper liberties with her all the time she was at school, but she did not know whether he did the same thing with other girls. In cross-examination she said that her little brother heard plaintiff ask her to do what she did at the table when reading ' Bible Narratives.' In answer to his Honor the witness said the plaintiff when in school used to write on the bottom of her slate where he would meet her in the bush. Elizabeth Peacock, a girl aged about 15, said she was a pupil at the plaintiff's scbool. Plaintiff one day met her on the road as she was going to school. His dress was in an incorrect state. He said, "Come here," Witness stood. He then said, "Come here, you b----" Witness again stood and then ran away. She went to school for a few days afterwards, but her mother would not allow her to go by herself. When she was at school plaintiff used to write on a slate asking her to meet him. Thomas Reynolds, the defendant, said that after what he had heard from his wife he wrote to the District Board of Education. He had previously written to Mr. Gardiner, who advised him to write to the Board. Eliza Railston was his step- daughter. At this stage the hearing was adjourned until the following day.