APPEAL FAILS.

Auckland Star, Volume LX, Issue 83, 9 April 1929, Page 7

APPEAL FAILS.

THE WAIHI CASE.

MAGISTRATE'S DECISION UPHELD.

The case was continued in the Supreme Court this morning, before Mr. Justice Blair, in which a married man, Norman Einmett (Mr. Singer) appealed against an affiliation order made against him by Mr. F. W. Platts, S.M., on February 13 last. Einmett was adjudged the putative father of an illegitimate child, born in December last, the mother of which was then 10. She was 17 on March 17 last. The grounds of the appeal were that the magistrate's finding was against the weight of evidence. He submitted that in fact and law there was not sufficient corroboration of the girl's evidence. In evidence this morning, Emmett said that when taxed with being the father of the child by the girl's mother, he had strenuously denied the allegation. "I denied ever being out with the girl," lie added. Cross-examined by counsel for respondent (Mr. \V. R. Tuck), witness said he had supported his denial by reference to his physical condition. On the night of the alleged act. he and a bus driver were absent at a fire. The girl's story was a malicious fabrication. The wife of the appellant, Lilian Einmett, alleged that the mother of the girl had said: '"If you will give me some money I will say nothing more about the trouble. (live me £">o."' Witness declared she had replied that that was impossible, whereupon it was suggested that £"20 b» handed over immediatelv and £30 at birth. Having promised the mother of respondent that she would assist with the medical expenses out of sympathy witness gave her £10. Witness told the woman, however, that her request amounted to blackmail, "It appears to me that the girl ha« established lier case." said his Honor in giving judgment. '"On the face of the evidence it seems idle to consider the denials of the appellant. I cannot understand why either he or his wife should take such tremendous interest in the girl by paying her money and getting * document signed unless they had reason to believe the girl's story had a go >d chance of being substantiated." Tn the circumstance* bis Honor dismissed the appeal and upheld the decision of the magistrate.