PATERNITY CASE.

Star (Christchurch), Volume LXVI, Issue 20477, 1 December 1934, Page 13

PATERNITY CASE.

Mother Agrees to Submit Child to Blood Test. AFFILIATION ORDER SOUGHT. (Special to the “ Star.”) AUCKLAND, This Day. An interesting matter of paternity was involved in an affiliation case yesterday before the Magistrate (Mr Hunt). Margaret Johnson, single, aged 24 years, sought an order for affiliation against Mark Smith, an elderly man. “ Is the child still alive?” the Magistrate asked, when the complainant said that the child was bom on May 18, 1930. and that Smith was the father. “It is here in Court,” said Mr Aekins. “ and we allege, sir, that it is half Chinese.” The complainant said she had lived with the defendant in Wellington, ! where he had a business as a rupture i specialist. Smith, she alleged, knowing j her condition, gave her £lO to go to Christchurch to visit a certain woman. Eventually she had come to Auckland where the child was born She had taken £IOO in settlement in September, 1930. The woman denied misconduct with the Chinese. Cross-examined she admitted having known a Chinese in Wellington, but that was two years after the child was born. Counsel: Are you prepared to have this child subject to a blood test ? Complainant: No. The Magistrate, after seeing the child, said it would be better to have a blood test. Miss Johnson w'ould be entitled to have a doctor present and it was suggested that three doctors should take part, a pathologist to see i the child in the afternoon. When the hearing was resumed, Mr Dickson, for the defence, recalled the applicant and asked her if she was positive that Smith was the father of her child. “ Yes, I am,” said the young woman. Mr Dickson: Have you made up vour mind you would not submit to a blood test?—Yes. If you are so positive, why do you refuse? —Because I have had blood tests before and I don’t like them. If the Magistrate suggests that you should submit to a blood test, what do you say?—l still refuse. The Magistrate: Isn’t it curious that you should settle with this man for £IOO and now you come at him again? —Well, I have had to keep the child and pay all expenses. I have not been getting maintenance. The Magistrate: I know such an agreement as was entered into is not binding on this Court, but it wasn’t a very nice thing for you to do, was it? There was no answer. Asked by the Magistrate if she would take the child to Dr Gilmour that afternoon to enable him to give his opinion, Miss Johnson said she wanted her own doctor to see it. The Magistrate: You can have twenty of your own doctors, but will you go up to Dr Gilmour?—Yes. I will. Remarking that he wished carefully to consider the whole matter, the Magistrate then adjourned the case until Tuesday.