"A MOST UNUSUAL CASE"

Dominion, Volume 8, Issue 2435, 14 April 1915, Page 6

"A MOST UNUSUAL CASE"

(By Telegraph.—Press Association.! Chrlstohuroh, April 13. Judgment in a peculiar case was given oy Mr; Justice Denniston to-day. The caso was one in which a man named Crozier appealed against the decision of Mr. G. Day, S.M., adjudging him the father of a certain illegitimate child. , Mr. E. T. Harper appeared for the appellant. After reviewing the latest circumstances of "this most unusual case," His Honour referred to an amendment in the law which provided that the dismissal of one'application in an affiliation case did not debar from further application against the same or any other person. The extent to which this section was open to abuse, he said, was well illustrated in the present ,case. In his former judgment he had characterised the girl s story as having been altered and made incredible in its latest form, and it was obvious that without very substantial corroboration he could not convict the then defendant who had consistently denied i the whole stdry. In the latest hearing of the case by the Magistrate, the Magistrate had seemed to assume that he was bound to issue a summons on application. His Honour said he knew of no law justifying this belief. Had he imagined that after his last judgment any Justice of the Peace would have issued a summons again he would have stated his opposition in much more emphatic terms than he thought it necessary to do. He could see- no reason why this unseemly conduct should be allowed to continue. It was the obvious intention of the Act that it should be invoked only in special cases and not be made an instrument of malice and .oppression. Nine affiliation summonses' had been issued in this case —four had been dismissed by Mr. Bailey, two withdrawn, and three allowed by Mr. Day. He had no doubt that Mr. Day hod acted with the best intentions, but he regretted that he had been so unfortunate in reference to this appeal. He could only allow it on the same grounds as he had allowed the other two. Costs, would be granted to the extent of £7 75., to be paid within fourteen days. " Mr. Harper asked His Honour whether he could issue an order to release Crozier from gaol (Crozier was arrested- yesterday on an order issued by Mr. Day, S.M., for failing to pay arrears - in respect of the case on which the appeal was made). In reply, His Honour 6aid he did not see that he had power to do this. All he could do would be to refer it to the proper authorities.