PECULIAR MAINTENANCE CASE

Auckland Star, Volume LII, Issue 159, 6 July 1921, Page 2

PECULIAR MAINTENANCE CASE

PATERNITY DENIED. An unusual maintenance case was heard at the Magistrate's Court to-day, when James Robert Hill (Mr. Allan Moody) appeared before Mr. VV. R. McKean, S.AL, to oppose an application made by Senior Sergeant Rawles, on behalf of the Education Department, that the said James Robert Hill be declared the putative father of an illegitimate child, of a woman since deceased. Mr. R. A. Singer watched proceedings on behalf of Mrs. Over. Dr. Lindsay K ave formal evidence as to the birth of the child on >la.y 28. i" answer to Mr. Moody, witness said it was a full-time child. . John Arkle, of the staff of the Magistrate's Court, deposed,to the mother of the child having sworn .an information on -ipril 14 last before Mr. Watson, S.M., that James Robert Hill was father of her unborn child. A letter which was shown by witness to the deceased woman was put in but not read, Mr. Moody formally objecting. Mr. Rawles said the" statement was made by the ffirl now deceased, and accepted by the magistrate. . Thomas William Dinnemore said he had occupied part of the premises in which deceased and her sister resided. Until recently the defendant was agent for that house. Mr. Hill brought them to the house. Hill had to his knowledge slept in the house. When witness objected to that Mr. Hill introduced the sister of deceased as his intended wife. Witness eonvilained again, and then got potice to quit. One notice was from Mr. Hill, and another from a solicitor. The wife of this witness gave corroborative evidence, this concluding the case for the police. Some discussion followed in connection with the deceased woman's statement, Mr. McKean asking if a further statement was not to be put in. as the one he held was not in her writing. The senior-sergeant said that the constable who had taken the further statement was in court in preparedness, but he did not think it necessary to call him. In explanation he stated that the first statement emanated from the matron of the Salvation Army, who had handed it to the police. Subsequently it had been shown to the deceased girl, who had testified to its veracity. Later she made ja further statement to the constable somewhat amplifying it. Mr. Moody contended that the second statement varied in vital details from the first, but it was eventually put in as evidence, Mr. Moody making formal objection. Counsel, continuing, submitted "that without calling on the defendant his Worship should dismiss the case, as | there was an error of at least 40 days which precluded the claim that Hill was the father. He then went through the evidence and, recalling the doctor's statement that "it was a full time child," analysed the dates showing that there was an error in the period of gestation of at least 40 days under the time. Mr. McKean: It is not impossible for the usual time of gestation to vary, but even if T gave full weight to the statement of deceased, it would be impossible to make an order. I cannot presume I anything against the defendant, whatever I think of the relations between Hill and the girl. After further argument, his Worship said it would be unfair to the defendant to further prolong the proceedings. He said he had admitted the deceased girl's statement which had fixed the date of the alleged intimacy. The time she had given showed a considerable variation from the ordinary period of gestation and so the statement must be taken to be incorrect. "Aβ the ease now stands," concluded his worship, "it would be impossible for mc to make an order." The case was dismissed, the prosecutor hinting that another case would possibly be brought against defendant in future.