PPA Daily Southern Cross, Volume XXIV, Issue 3332, 21 March 1868, Page 4
further alleged that James Clare "is of sufficient ability to support the said Samuel Clare." ? Mr. J. Russell appeared for defendant, who pleaded not guilty.? f fiii Worship said that this case came under the first olauie of the ordinance which stated that "the father and grandfather, mother and grandmother, and the children of every destitute penon not able to support himself by his own labour shall, being of sufficient ability, be liable to support every suoh destitute person in manner hereinafter mentioned." It would be seen that there were several ingredients to ' be shown before defendant could be made liable, but he would say to defendant that if his father really was in destitute circumstanoes, such as the infor-i mation alleged, he would surely not suffer the oase to be tried, but rather would at once makoj seme offer to support his father, as it was the duty of every child to do. If defendant did that, the in-! formation would be withdrawn.? Mr. Russell said that, as had been remarked by'hii Worship, therej were several ingredients in the oase j for instance, it; would have to be proved that defendant was able to support his father. The evidence would show that it was with great difficulty that he could get a bare subsistence for hi* wife and family, to whom, of course, his first duty was owing. The 1 next state-, mehfcwai that old Mr. Clare was a destitute person,' and not able to support himself. If he (Mr. Russell)! was correctly informed, Mr. ' Clare had now? he| did not know whether it was after the information; had been laid or not? but at all events he had now accepted an offer to go down to the Bay of Islands,; where he would be provided for from the proceeds of his own labour. He had been engaged to go down to the coal mines at the B*y.? His Worship said' hei presumed that that was all that was required if! Clare was provided for.? Mr! Wynn, who had come! into Court while : Mr. 'Jßiiisell was speaking and; appeared on behalf of the complaint, said that all they cared for was "that the Govern- 1 ment should be relieved from the charge of a man r who had got relatives in a position to support him. Ths object in that matter was not so much for that particular case, but it waaj as a warning to numbers of those people who in that matter defied the Government.? His Worship said that no doubt the clause upon which the complaint was founded would be published in the newspapers, and, when it was known that the law could compel children to support their parents, the object would be gained. ? Mr. Wynn said that Clare had been supported for v a twelvemonth by the Government,! and had been for the, last eighty-eight days in the, Provinoial Hospital. ' Defendant had once visited, his father at the hospital, and told him that he must not look to him for help, nor expect to see him., It was considering these circumstances that he (Mi. Wynn) had advised the authorities to prosecute. ? ) Mr. Russell thought the observations made by Mr. Wynn were hardly fair, in speaking generally about the objects of the prosecution. On behalf of the present defendant, he said that he had no intention to defy the law. The father and son had lived on j the best of terms, had never had a quarrel, and the refusal to support was simply from inability.? Mr. Wynn wished to examine old Mr. Clare, who had to, be supported from his seat in the Court to the witI ness box.? His Worship remarked that he did not see how Clare could do much at the Bay of Islands. ? Samuel Clare deposed : 1 live in the Depot in Official Bay. The Government support me there. I have been three weeks there. Before that I was in the Hospital. I cannot tell how long I was there? a long time. I have been supported by the Government for a What brought on my l illness was working in the water. I have no means of support. lam only going down to the Bay to show the men which way to work the mines. I cannot work. Mr. M cLeod has promised to keep me .? Mr. Wynn said that he would not proceed with the case further, ad Clare was to be supported.? His Worship, addressing defendant, said that he should at all events see that his father was taken care of until his departure. ? Both defendant and his father wished to address the Court, but hid Worship recommended them not to do so. ? Defendant promised to take charge of his father, and both left the Court together. This concluded the business. i. Samuel Clare had person sources.
3 He was a miner in 1842.
4 He immigrated to ENG to NZ on the Duchess of Argyle arriving NZ 9/10/1842 on 9 June 1842.
1,4 He was a millwright, Official Bay in 1870.
2