BLACKENED GIRL'S CHARACTER

NZ Truth, Issue 1241, 12 September 1929, Page 2

BLACKENED GIRL'S CHARACTER

Scathing Comment on "Gay Lothario "and Friend Who Hid Under Counter

DISCLOSURES W AFFILIATION APPEAL

(From "N.Z. Truths' New Plymouth Representative). When Basil Dalefield, a young salesman employed by a well-known firm of tailors, lodged an appeal against the decision of Mr. R. W. Tate, S.M., that he (Dalefield) was the father of an illegitimate child he doubtless did not anticipate that his conduct m the proceedings would evoke such strong comment from His Honor, the Chief Justice, before whom the appeal was brought. When the case was heard m the Supreme Court at New Plymouth Dalefield received short shrift at the hands of the Chief Justice who characterised him as a young Lothario.

THE circumstances were that, on becoming acquainted with the com- ', plainant m the initial proceedings, Dulcie Bellrihger, Dalefield took her one evening to Kawaroa Park. His conversation was resented by the girl. On the way home, according to his story, the girl agreed to meet him on the following Saturday night. Accordingly, they met as arranged at the workroom of the firm by whom Dalefield was employed, and of which he carried a key. -.-..•- Impropriety, which "was frankly admitted by both parties, occurred. Dalefield swore that the girl mentioned money and as a result of his compliance with her proposal he believed that he was absolved from the consequences of his act. The girl denied these allegations. When the girl realised the consequences of her folly, Dalefield was charged with the responsibility, but this he denied. He alleged that the girl herself had said it was not he who was responsible and; that she could not say who was. '.._■■• < " This admission was said to have been made m a small office m town where a meeting Was arranged, be-. -..,. tween Dalefield, the girl and, her mother/ who had a friend of the : girl secreted under the 'counter for the purpose of hearing anything that might pa.es between the parties. During the cross-examination of the girl by Mr. Bennett, some direct questions were put to her respecting her relations with certain other young men. The questions prompted the observation from that Judge that Dalefleld seemed to be a most chivalrous young

Dalefield's Story

man. When certain other .questions were> being investigated b^c'ounsel, his Honor added: "I repeat agairi;-Mr. Bennett, you seem to 'have. a^niQjit-. chivalrous client, and' a very ■.cautiojis young gentleman." .. ""%?£:' " ' In the course of his examination, Dalefleld admitted to thejudge ; that on the first occasion on which he went out with the girl he never* suspected her to be anything but an~ innocent girl. He further admitted (he went with her with improper intentions. AVhen inquiries were being made into the charge made against Dalefleld by the girl or her mother, Dalefleld went to the solicitor m the'.xaatter and told him the story of the occurrence at the workroom. v. -; ; i% The solicitor gave evidence of the I interview,- notes of .which had been taken at the time. '•■ .'•:■■;. VReference was made to- certain ; other young men and to the fact that the girl had said she could, not say who was the father of her child. The young lady friend, Eileen Day, who had* been secreted under the" counter, when the interview took place between Dalefield, Miss BeUringer and heir mother also went to see the solicitor. -..I'. „i. v She admitted - she had ;.said things about Dalefield which were" hot -true for the reason, that she had :• heard that Dalefleld had said thihgs. - abbtit her which she resented. "'• : ' She alleged that she was asked to say these things by Miss Bellriiiger and her mother, and had been promised a present should they win m the proceedings against Dalefleld.';

She frankly admitted that she went to the solicitor's office to lie against Dalefield to do him harm. "He had said something about me," she added, "and I was going to get it back on to him." "And knowing all you did about this girl, and what you thought her to be," i said the Judge,' "you remained her friend up till quite recently?" • "Yes/! was the reply. . . . His Honor: You astonish me. I can't.. understand, a decent " girl..gpiiig about with another girl who had told her all the things you say this girl: had told you about herself. ■ Miss-Day: It all depends. :. His Honor: On .what? Miss Day: I might have been as bad as she was. At the interview, at the office when she was concealed under the counter Miss Day said she did not hear Miss Bellringer charge Dalefield or anyone with being the father of her child. She said: "Basil, dear, I .don't know , who it • : .is." . . ...\:\ ,■/ :j Cross-examined by Mr. Quilliam, [Miss Day admitted she had been

friendly wlth;f!b:^iefl*l^^:hut"'''not-'.';irit'i-nmte.-'--: She/^a^beenv out %itohiip at night. ,', v* .: .. ■■.? : His Honor: By yourself ? The girl: Yes. "V-.. She went on to say that when she found out ,t.hat" Dalefield had' not said „the thinggatiout; her. which she thought hfe had, she -took nb: ;steps to deny what she had. tbld'the sbiicitor. She said her mother had tried to rectify the .matter. In giving his judgment, upholding the decision. of the Magistrate, in finding Dalefield the father ;6f the child, the Chief Justice said it was plain from the evidence that the impropriety had taken place at the workroom of this young man'semployers. The admission of that fact shifted the onus of ■■■'■ .pvbbf from the girl to Dalefield. ' . ■'.•;> . "lii'tny opinion," said his Honor, Vhe has not discharged that onus." Continuing, the. judge said Dalefield had tried m two Mays to prove- his case; firstly by blackening the character of the girl; arid secondly by another specific, statement as to his-con-duct m avoiding, the consequences.

It was sufficient for him to say he did not believe the appellant. "In my opinion," said his Honor, what happened was this: "Impropriety occurred, and — it is immaterial whether it is true — he paid the girl money; he thought that absolved him from liability, and that if this girl had a child it was her own look-out and she would have to look after herself." His Honor did not believe Dalefteld's account of what he said he had told the solicitor,., otherwise a note of it would have been made along with the other matters of which a memorandum was taken at the time. ' His story of a second visit to the solicitor and the revealing of certain facts was something which he had concocted m the meantime, probably m conference with one of his friends. Regarding the evidence of the tgirl, who had been secreted under the counter m the office, liis Honor said it was' clear she had been called to blacken the other girl's character and injure her credibility by the fact that she alleged that an attempt had been made to induce her to give false evidence on the part of respondent. . "It is quite plain from what she said," added the . judge, "that I canriot accept a word of her evidence." i; ;ln conclusion, he said that when a young man came into the court as Dalefleld had done, and iriade. the admissions he had made he was putting himself forward, by the answers he had made to the questions put to him, as a young Lothario. . i It wasf the duty* of the court to speak plainly, and he had not hesitated to do so.

Judge's Criticism

When he said he ceased to have anything to do with this girl some time after impropriety had occurred because he found out what she was, that was a piece of hypocrisy which was untrue. He had admitted that on the first occasion he went but with her lie believed her to be an innocent girl, yet he said he had occasion to regard her m the worst possible light because she accepted moneyfrom him. At the same time, said his Honor, he arranged another meeting with her. That was the tirho to have dropped heir if what he believed was true, and not some time after.' ;■ ■ "In deciding : this matter,' said his Honor, "I: have not to concern myself with the fact that he has done his best to blacken her character, though that is not to his credit, but I have to decide the matter on the evidence that has been placed before me, and not upon his conduct m the respect to which I have just referred. "In the result therefore, I see no reason to doubt the correctness of the learned Magistrate's judgment and no reason to disturb it. The appeal will therefore be dismissed with £10 costs and disbursements, to be paid within a week." • His Honor added that m referring to Dalefield as a young iLothario he did hot refer to the isolated instance with this girl, but to the appellant's admission of wrongful association since then with perhaps half-a-dozen , other girls or women, not those he had paid, but girls whom he had induced to' become parties to improper conduct with him. ' -..,