A MAN’S INFATUATION.

Stratford Evening Post, Volume XXXVIII, Issue 89, 6 April 1914, Page 5

A MAN’S INFATUATION.

FOR HIS STEP-DAUGHTER.

[Per Press Association.] Wellington, April 5. The infatuation of a married man for his newly-arrived stop-daughter gave rise to a peculiar case heard at the Supremo Court by the Chief Justice. Application was made by Mary Jane Doll (Mr A. Dunn) for a writ of habeas corpus in respect to his daughter, Alice Gertrude, aged 17., The application was opposed, on behalf of the applicant’s husband, Arthur Dell, and for the daughter by Mr J. M. Dale. It was explained that the step-daughter had only recently arrived from England, where she had for many years been in the care of other people in her mother's behalf. Since her arrival the preference of her stepfather for her had caused her mother to leave homo.

Mr Dale argued that the issue of a writ by which the mother sought to obtain custody of the girl was rot possible, because the girl was no longer an infant. His Honor said that in Now Zealand an infant was a person under 21 years of ago.

Mr Dale contended that New Zealand law in reference to Habeas Corpus principles followed exactly the law of England. There it was laid down that 14 years in the case of boys, amt 16 years in the case of girls, was the age at which an infant could consent or decline to he in any particular custody. From that point of view the girl was no longer an infant, and, not being in the mother’s custody, Dould not be forced into it. She was really in nobody’s custody. Being over 16, she was her own mistress.

His Honor pointed out several objections to counsel’s argument, assorting that the age of 21, as defining an infant, was of general application in New Zealand, in the absence of special provision to the contrary.

In reference to the statements regarding the relationships alleged between her husband and the girl, it was stated by Mr Dunn that the facts were at variance with the affidavit of Dell and His Honor suggested that the case was a fit one for a prosecution for perjury. Mr Dunn said ho was taking steps to take proceedings. Mr Dale: The perjury is not all on one side. Judgment was reserved.