PATERNITY DENIED.

Taranaki Daily News, 22 June 1935, Page 7

PATERNITY DENIED.

,• • AFFILIATION ' ’| f. COURT. RESE2RVES DECISION.

“I feel .that at, this Ute. hour' I cannot do justice in extempore' fashion, to ’the motion for the striking-out of the case.” . said the magistrate, Mr. W. H. Wood/ ward,'when reserving decision on a motion for nori-suit in'a case brought by a girl against Ray Clarke, in the Hawera . I Magistrate’s Court yesterday. An order for affiliation and maintenance against Clarke as the alleged father of an eight-months-old child was applied for. Application for the non-suit, was made > by defending counsel, Mr. M. J. Burns, after the case presented by Mr. R,, J ti O’Dea had been heard. The hearing lasted just under; three ttours, .and' it yas'■ just before six o’clock that the applica-': tibn was made.' Mr. Woodward in re-,,, serving decision said he requfred tuqgf ; to consider the numerous 'authorities cited by both counsel'for and; .against - the non-suit motion. The case attracted f unusual interest, and the. gallery was crowded throughout. Witnesses were ordered from the' courtroom. - • The complainant, -said. Mr. Q’llea, " wa3 now aged 19 and she first met Clarkei. three or four years ago,'. The parties became friendly but nothing more until* January, 1934, when it was alleged that improper relations took, place. When taxed with the -condition ,of the girl, Clarke denied paternity, subsequently, making .admissions which could be construed as admissions of paternity. ■. Aletter was sent to Clarke by the'girl suggesting marriage to give the child a name.. ; No replies were received. The girl in her 'evidence denied having, had improper. relations with any other man. From March to August she,did , not attempt to see Clarke, she said,,-be- ; cause she had heard that he was keeping,, company, with another ’‘girl and she did;' not like to push her ■’^ay-in. The morn-P? ing after she went tb a; doctor Clarke/-, p-j came to the house and denied that he)' « was responsible. Before 'she went to- ■ Patea she saw 'Clarke in- the - company of her father. -When Clarke asked why; - he had not been'told Before, her father) •_ said she was innocent and did not like to say anything. » '< - • , .<■ In cross-examination by Mr. Bums-the girl said she told Clarke, of her ■ebndi-} tion in March.’ She . admitted, zthat her mother, .had written to Jack Burfitt while; she was at’. Patea. Burfitt : had stayed at; ’ > their house until November, 1933, when; - he went to live in the factory bach. The mother of- .the complainant'-'said', she went to Clarke and asked him whatt ' he was going to do about . the girl. ' Clarke denied paterhity, and’ said He? ■- would fight the proceedings..- // Written to Burfitt to.askihim if he hadever; seen Clarke and .the girl- together/She made no'suggestions-in the . letter,- t . ' that Burfitt was to blame.. The child,' in her opinion, resembled its father. (“Well,- that doesn’t get us much far-. ' ther,” ‘ Mr. Woodward * interposed.'--/ , Witness denied to;Mr. Burris that she! had'.suspected Burfitt, and .said she. had' ’ i written to him merely as a family friend/: She had not fold anyone else of; the girl’s;.• “ condition., , . Mr. O’Dea in re-examinatioh produced Burfitt’s reply, dated, February 30, 1935/ in.which he said he could do • to help. / To Mr. Woodward witness said she had' in her own mind suspected Burfitt know-):, ing him to be friendly with her daughter. . J. Burfitt in evidence said he was now > living at Waitoitoi. He joined the staff of the factory in September, 1933, board/ ing with the’girl’s parents until Novem) ' ber, when he transferred'-to. the-’ factory-■/; bach. / To Mr. O’Dea .Burfitt denied that he. ; W was the child’s father, or that he had had; improper relations 'with the; girl; t * He was a close.personal friend-of the girl, Burfitt told Mr. Burns. ' He had kissed her and hsddaken.her out on his. motor-cycle once, but had ;notreally-had, ;.J improper relations with her, -. ■ / To Mr.’ O;Dea Burfitt said! he remem-" ; bered one occasion when Clarke had J been alone in the factory when the tgirl . went to get the milk. He had noticed she had. come back in a very excited a state, and 'in the days following he noticed she was becoming’especially-/, n friendly with Clarke. , ’>/ “I sha)l formally move that the case should be struck out,” said' Mr. Burni, in quoting a section of the Act after further evidence had been heard. He submitted that mere opportunity, was » not corroboration, citing ;English)t.and New Zealand authorities in support of the point. Nor was corroboration established by the fact that Clarke had not answered the letters. -Burfitt’s evidence was wholly unsatisfactory, and evidence of opportunity -vyas far greater with him than with Clarke. . I 1