Alleged Seduction at Kanowna

Alleged Seduction
The Kanowna Case – Serious Charges against Married Man
Frances ‘Frank’ Fordham BROWNE (Plaintiff)-v- John Lewis Henry MARTIN (Defendant)

The hearing of the civil case of Frank Fordham Browne against John Lewis Martin, in which the plaintiff claims £1000 for the alleged seduction of his step-daughter, Hermione Cynisca SMITH, was continued in the Kalgoorlie civil court yesterday morning before the Chief Justice Parker and the following jury of 12— Harold Church (foreman), D. J. Carmichael, J. Creedon, Alexander Foote, C.A. Degenhardt, J. J. Dwyer, C. J. Gunter, A. H. Greenwood, S. Beston,
D. Fienberg, J. H. Coatham, and Joseph Evans. Mr. Keenan and Mr. Cooke. represented the plaintiff, and Mr. V. F. Smith and Mr. Norris appeared for the defendant.

Statement of Claim – (1) The plaintiff is an engine driver residing at Kanowna, and the defendant is a gold-mining battery owner residing in Kanowna. (2) Hermione Cynisca Smith is the stepdaughter of the plaintiff, and at the time hereinafter mentioned assisted him in the management of his household affairs. (3) In or about August,1904, the defendant seduced Hermione Cynisca Smith, whereby she became pregnant with child, and was delivered thereof on May 5 1905. (4) In consequence of the said seduction the plaintiff was deprived of the services of the said Hermione Cynisca Smith for a long time, and incurred expense in nursing and taking care of her and about the delivery of the child. Particulars of expenses: — Medical attendance, £3 3s, medical comforts £1, conveyance to Kalgoorlie £1, nursing £5, total, £10 3s. The plaintiff claims £1000.

Further particulars said –  (a) The first alleged act of intercourse between the defendant and Hermione Cynisca Smith occurred in the month of January, 1904, about 9 o’clock at night,- in plaintiff’s house in Kanowna. (b) The subsequent alleged acts of intercourse occurred once in the month of February, 1904, shortly after 6 o’clock in the evening at plaintiffs house also at the beginning of the month of March, 1904, at about 1 o’clock in the afternoon, at plaintiff’s house; also once in May,1904, and once in June,1904, on both occasions between 8p.m. and 9 p.m., outside the recreation reserve, Kanowna; also Friday, July 22, 1904, between 11.30 o’clock and 12 o’clock at night, near the Fitzroy Lead, Kanowna: also once at about the beginning of August, 1904, and once about the end of August, 1904, on both occasions between 8 and 9 p.m., outside the recreation reserve, Kanowna, and the last occasion about the beginning of September, 1904, at about 8 o’clock in the evening, outside the recreation reserve, (c) The birth took place about 7 o’clock on the evening of May 5, 1905, at plaintiff’s residence in Kanowna, in the presence of plaintiff’s wife and her sister, Mrs. Flexmore Guncliffe. There was no medical attendant or midwife present.

He did not pull the girl into her mother’s bedroom for a certain purpose
He had never been in the house after tea.
The young sister, Helen, was always there.
He had not been there when the sister was in bed.
He had not at any time misconducted himself with the girl.

The house was made of hessian, and anyone who called out would be heard at all ends of it. The witness denied the other allegations. He had not ever walked out with the plaintiffs step-daughter in Kanowna. The statement that he met the girl after she came to see his wife one evening was not true. He went to the bazaar on the second night. Voting for the most popular woman was going on. Witness gave Mrs. Browne or Mrs. Conliffe £2 for votes for Hermie Smith.

Nobody offered to return him £1, as stated by the plaintiff’s side. He stayed for 10 minutes or quarter of an hour. Mrs. Browne suggested that there might be some trouble through jealousy because Hermie Smith won. He told Mrs. Browne that if he was there he would see she did not get into trouble. He did not offer to take her home. He left a few minutes after 11 o’clock, an met Mr Beech going into O’Brien’s Hotel. They stayed there for ten minutes, and then went to Wyatt’s Hotel, in the direction of his battery. They went in and had a drink and came out about ten minutes later. They walked to the corner of the recreation reserve, at the junction of Larkin and Mercer street. Mr. Beech went home down Mercer street, and witness went along Larkin street to the battery, where he arrived about 11.45 pm.

He met McMartin on the battery. The battery stopped after he had been there for five minutes. Gardner, one of the night shift, had arrived, but Browne had not arrived. Witness was there till 12,5 a.m., and left with Martin. Witness camp was 23 yards from the battery, and he went to bed. Martin went home. Witness did not leave his camp that night. Browne had not arrived when he left. Up to the time he went to sleep Brown had not arrived. Browne used to come on a bicycle. He saw Dr. Barber in July and August. At that time his health was bad, and it remained so till October, when he had to go to the hospital, and then to the Eastern States, whence he returned about January,1905.

Up to the time of the girl’s confinement she never suggested that he was the father of the child. He met Mrs. Browne and Mrs. Conliffe in April, and there was then no suggestion. On July 4, 1905, he was outside the courthouse at Kanowna. Plaintiff, said to him, “What about, this case?” Witness said he did not know anything about it. Witness asked him what he wanted. Plaintiff said that he only wanted his expenses, and that he would bring the girl back to Kanowna. Witness said, ‘I’ll pay nothing; I don’t know any thing about it.’ Plaintiff said, ‘I don’t believe you had anything to do with the girl myself. We have always been friends, why not be a friend now?’

A man named Fitzpatrick was standing five yards away. From June 25 to August 3 he was in Kalgoorlie three times a week. Connell’s camp had two rooms. On October 24, 1904, in consequence of Browne coming to work in a drunk state, the witness dismissed him from his service. To Mr. Keenan: If it appeared on the judge’s notes that he went to the bazaar on the three nights it was wrong. He said at the last trial that he would see that the girl was not interfered with if he was there. He was sure that he did not say he would see her home, and also that Mrs. Browne did not thank him for his offer and say that it would be too much trouble for him. He saidhad never addressed the ‘girl as ”Hermie. ” He.had never had his meals alone with the girl, and had never been out alone with her. He did not speak to her on the second night of the bazaar.

James Andrew Fitzpatrick stated that he was outside the Kanowna  Warden’s Court on July 4, 1905. He saw Browne and Martin there, and heard a conversation between them, he was 15 ft away. Browne said he did not think Martin had had anything to do with the girl. He also said, ‘I don’t want to ruin you, but if you will pay the expenses I will bring the girl back. Martin said he would not pay, as he did not know anything about it. He had seen Hermie Smith out with Wright, Weller, George Cornell and Roberts till as late as 7.30 p.m, and  later in the Kanowna streets. He had not seen Martin out with the girl Smith or any other girl.

Dr. Barber gave evidence to the effect that the defendant was in such a condition, while under his care at the period in question, that he did not think he would have any sexual desire, although he admitted a possibility of it if he drank liquor. Lilian Marian Martin, wife of the defendant, said that it was not true that in August or September Hermie Smith came to her house with messages. She only came once at night, and that was with her aunt, Mrs. Conliffe.  It was the. night before the Kanowna races, about 7.30, when she brought a hat for the witness to wear at the races. She. went away with her aunt. At that time her husband was not well. During August he did not go out at night at all To Mr. Keenan. She remembered an accident to Mr. Browne. She did not remember Hermie coming down and telling her about the accident, It might have been in the afternoon.

Henry Randolph Beech deposed that on the second night of the bazaar he went into the hall for a minute or two at about 9.30 p.m. He went back to his office, and left finally about 11 o’clock. He went to the White Feather (O’Brien’s) Hotel, and recognised the voice of the defendant when he was entering the side door. They went in together, and each had a drink. They left after about ten minutes. They walked along Larkin-street, and at the Federal Hotel they each had another drink, after which they went out, the witness went home, and Martin went in the direction of his battery. Just after he got into bed he heard one of the midnight whistles sound on one of the mines. On July 4 witness met Browne, and asked him why he had picked on to Jack. Martin, and added that he had been a good friend to him until he (Browne) got too much drink. Browne replied, that he should not have sacked him, and that when a man did him a bad turn he always wanted to get even with him. He also said that the girl had not had a child. Browne was then under the influence of liquor, and fell down when he endeavored to pick up some money that he dropped. At 4.30 p.m. the court adjourned till 10 O’clock this morning;

A total of nineteen persons were called for the defence, contradicting the plaintiff’s evidence on material points. They were men who were totally disinterested in the case, and whom it was madness to suggest would go into the box and run the risk of seven years penal servitude for perjury to assist the case for Browne. However damages of £200 was awarded to the Plaintiff which was appealed and the upheld. However a second appeal was heard and the case was won by the defendant. The whole proceedings took over a year to complete.

West Australian Perth – 12 October 1906, page 5

NOTES:
Frank Fordham BROWNE had married Hermione’s mother in Victoria in 1898, she was called Ellen SMITH and was a widow. Frank Fordham Browne died in 1921 and is Buried in the Kalgoorlie Cemetery.

Hermione Cynisca SMITH was the daughter of Charles Robert Iredale SMITH and Ellen SLY and was born in 1887 in Footscray Victoria. Hermione did give birth to an illegitimate child in Kanowna in 1905 when she was 18yrs, he was John Louis Martin SMITH. Hermione SMITH went on to marry alexander JOHNSTONE in Boulder in 1911. She die died in Cheltenham Victoria in1965.

John Lewis Henry MARTIN married Leila Marion WALLACE in Kanowna in 1900
1. Was Hermione’s stepfather just trying to make some money from his step daughters illegitimate pregnancy?
2. Was the baby really John Louis Henry MARTIN’s? The baby name was ‘John Louis Martin SMITH’, this would seem to indicate it was. What do you think?