THE EPSOM CASE.

Poverty Bay Herald, Volume L, Issue 16545, 27 September 1924, Page 8

THE EPSOM CASE.

MOTHER AND DAUGHTER. RELIGIOUS QUESTION AT ISSUE. (Per Press Association.) AUCKLAND, last night. All efforts at securing a happy settlement of the.ca.se of Aliss Margaret Martin, the Epsom Grammar School prefect, have so far failed. The girl, who left her home eight days ago because of singular circumstances in no way reflecting upon family* conditions, and her mothei Mrs D. G. Martin, residing at. 25A. Carlton Gore road, met. again yesterday without formalities, but did not succeed in reaching a complete reconciliation.

Those most, intimately associated with the negotiations now fear the prospect of such a termination is not too substantial. Some of them, indeed, arc inclined-to think it is rather remote.

An authoritative statement puts tin 1 present position in this way: No arrangement has yet been made under which the daughter could return to her mother under conditions which would be tolerable to the mother.

From a community point of view-, a common question since the public discussion of the case lias been, “ What is the core of the mystery?’’ Some authoritative light can now be turned upon it. The whole difficulty sprang from a matter of religious belief or tendency and now rests upon it. There has never been any suggestion of lack of affection between the principals, nor lias the character of their household ever been assailed. In plain terms, the girl has acquired interest in a religious faith other than that practised by her folks. On the other hand, it is contended by those who have not been able to »support her mood that this religious development may not have been free from external influences.

The legal position as to her remaining out of, the custody of her mother is defined thus by a barrister: “The Chief Justice had before him in 1914 a case that held some points of similarity to this. His Honor then decided that the Supreme Court has jurisdiction to make an order respecting the custody of infants during the period of infancy—that is till they attain the age of 21. On that occasion, mi the mother's, application, an order was made as to the' custody of a female'infant of .17 years of age. The Chief Justice said the Infants' Act of New Zealand gives the widest possible power to thd Supreme Court to deal with the custody of persons up to the age of 21, and lie knew of no, law that compels the Court to do what a girl of 1C or 17 years of age may choose to aslc, although no doubt many cases would arise in which the Court may consider the wishes of children who were no longer of tender years. But the Court, first, of all, had to consider the welfare of the child, and if the welfare of the child demanded the interference of the Court, the Court had power to deal with the child’s custody. That is the general principle of the law. ’ ’ / . The legal position, however, is now stated, with authority, that the girl had been housed in the private home of an adherent of the Roman Catholic Church. Further, Miss Martin has been, hni] is beipg, well cared for, fed, clothed and housed by persons other than her mother. Naturally the main object of discussion at the recent unique conference was the question of the girl returning unconditionally to her mother’s home, where, it is incidentally pointed out, she has always been well cared for in circumstances ,of harmony and affection. Another question discussed was an allegation that the girl had been subjected to certain religious influences by a person w ( ho was named. As regards this allegation, it was frankly conceded by representatives of the Church that, as the Herald is informed, it was quite wrong for any person in a position of responsibility providing special opportunities for exercising impressive influence on a school girl to “do anything to upset that girl’s religious beliefs without the knowledge‘and consent of the mother.” On the principal question concerning the girl returning home to her mother, the discussion between the parties is described as having been very disappointing. One side hoped Hie girl would have 'been advised to return home at once without any conditions being: stipulated. This hopfc, was not realised. It is stated that she was advised to return home oh condition that she should have complete religious liberty. The mother could not accept that condition, as it was believed that shell freedom would in practice be tantamount to material acceptance of a delinite change in the daughter’s religious, faith. It had been mentioned by the side on which the girl' appears to- be nearest at the moment that, if she went home on such conditions she could in a few months after settling down, return to that side for instructions. One feature of the conference is emphasised. This is the fact that, while no inlluonce was exercised in any shape or form tending to encourage the girl to refrain from going home, neither was there any generous counsel to her to go homo without any condition whatever. * In the meantime, the girl remains with the same family that has housed her and kept her well as a free agent during, the acutcst ■ period of her mother’s anxiety. /