"BABY WAS LIKE AH CHUCK"

NZ Truth, Issue 1294, 2 October 1930, Page 9

"BABY WAS LIKE AH CHUCK"

White Woman, Now Divorced, Alleges Chinese Market Gardener Is Father of Her Child MR. HUNT LOOKS AT INFANT EXHIBIT ' J s (Frbm "N.ZV Truth's" Special Auckland Representative.) Seldom is a baby's appearance a matter of magisterial comment m any affiliation matter, but when the police asked Mr. F. K. Hunt, S.M., m the Auckland Magistrate's Court to make such an order against Ah Chuck, a Chinese market gardener, on behalf of the baby of a white woman, Elizabeth Evelyn Hedges, his Worship's general comments left little doubt as to the opinion he held concerning the child's paternity. Though Ah Chuck appeared to defend the charge, the magistrate, after hearing his evidence, dismissed x him from the box and bluntly told him not to tell lies.

SO unusual is it m this country • for a' Chinese to appear m an affiliation action of this, nature that a good deal of interest was aroused m the back of the Court when the case was called. However, his Worship decided, m view of the nature of the evidence, to clear the Court, and those who had waited m anticipation of hearing something out of the ordinary, were disappointed. ' ■ Opening the case, - Subrlnspector Shanahan said that the child concerned wp.s born some time ago, and though Mrs. Hedges, the mother of the child, was living with her husband at the time of its birth, the parties were now divorced. . : . "Let me have a look at the baby," demanded Mr. Hunt, after ascertaining that Ah Chuck proposed to defend the' action. . .'..'." On the infant being produced his Worship had no comment to make, but the dark complexion and brown, almond eyes spoke only too eloquently of an extraction that is certainly not all-British. ", "Have you seen this baby, Mr. Campbell?" asked his Worship of the Maintenance Officer, at \ the conclusion of his scrutiny. .■■'.' Smiling broadly Mr. Campbell replied;that he had.. / '. In the witnessrbox, Mi*s. Hedges stated that at' the time the child, was born she was living with her husband but had subsequently been divorced by him on the grounds of her misconduct with Chuck. The Magistrate:- Did you defend the case? — No. ' " When was the child, born? — In February of 1929. -My husband divorced me m the November following. , ; She had been living, she said, at Mangere, where Chuck had his market garden, but had since moved from there. . • I Le.titia Boakes, of Onehunga, declared that Hedges was a nephew of her's and she had visited the family on several occasions when they lived m Mangere. At that time the family were living m, a house m ■ Robertson'B Road rented, to 'the best of her knowledge, from Ah Chuck. Sub-Inspector Shanahan: Who were the neighbors? — Only Chinamen. The ground around was used, for gardening by the Chinese. There were . two houses— Hedges' and the Chinaman's?— Yes. Asked whether she ki\ew Ah Chuck, Mrs. Boakes "said that 'she had met him occasionally at; Hedges' house. ' * The' Magistrate: In the house?— No, just at the door with vegetables. . Did he come inside?^— Not while I was there. • . Further questioned by his' Worship, the woman said that she had seen the pair laughing and joking m the backyard, but when asked about, their conversation stated that they were just talking. - ; Asked by: the Subr lnspector if she remembered anything m particular, Mrs. Boakes said that she had once heard Mrs. Hedges call Chuck a "silly r— " just m fun. "That is endearing, '.any way," commented his Worship drily. She . said she could not remember just when this took place, but. his I .' . ■■■ ■■■ ' ■•.■:■■

Worship remarked that it was probably m summer, as it was doubtful if they would joke together m the yard m winter time. Florence Crisp, of Onehunga," then entered the witness-box and said that she became acquainted with Mrs. Hedges about~ eight or nine months before the child was born. At that time Mrs. Hedges was living at Mangrere m a house not very far away from the Chinaman's, m fact only a few yards distant. Witness visited the house a few times, and noticed that Ah Chuck used to follow Mrs. Hedges round a good deal. His Worship: Was he m the house? — Yes, the first thing I noticed was that he came into the house. ' Continuing, witness said she had ; noticed the way Chuck looked at Mrs. Hedges, and the manner m which he followed her round. "She used to call him Chuck and he used to call her 'Dear,' and seemed to keep close to her," she narrated, "and I believe that there was something between them." Sub-Inspector Shanahan: How often did this happen?^ — I was only there two or three times before the baby was born and he was there every time. CHUCK'S VISITS The Magistrate: Were there any other ■ (jfhinamen there? — I have seen them outside. Further questioned (by the Sub-Inr sp'ector, witness said that she had seen Chuck going to see Mfs. Hedges after the child was born. He used to go m his lorry, she stated, which used to remain outside the house for hour after hour. Evelyn Mona Ddwling, of Onehunga, stated that she had attended Mrs. Hedges at the birth of the baby, and had thought how much it resembled a Chinaman. . N Asked whether she thought it was like any particular « Chinese, she said that she thought it closely resembled Chuck who visited Mrs. Hedges on three or four occasions after she was confined. "They are all alike," commented his Worship, m answer to this piece of evidence. "You can't tell one from another." ; / Declaring that he had been employed out "at Mangere about three years ago,- Percy James Alderton stated lie had visited the Hedges almost every evening. He had seen Chuck at the house, he said, and noticed that he and Mrs. Hedges • were on familiar, joking terms, and further he had seen the Chinaman at the house on one or two occasions when Hedges himself had been> there. ' . : \ • 'Hedges, Ke" stated, would often be away from home for two or three weeks at a time, and sometimes even longer.. She also had known the Hedges when living ' at Mangere, . said Margaret Matilda King, and had once seen Chuck m their house. She had seen nothing between, them but laughing

■ and joking Avhich she did not consider I to be anything important. ' Ah Chuck then entered the witness box after formally denying 1 the allegations. He gave no an- : swer to a question as to his age, but said that he had been m ■ Auckland four to eight years. ' Asked whether he knew Mrs. Hed- ■ ges, he said that he did and that she had lived not far away from his own house m Mangere. "Are you the father of this baby?" asked the Magistrate peremptorily. "Turn round and look at it. Have you ever seen it before?" "No," answered the Chinaman turning m the box to look at the infant. "Don't tell lies," ordered his Worship curtly and dismissed him from the box. Mr. S. W. Tong, who appeared for Chuck, submitted that there was no case to answer. He pointed out that the child was born m wedlock, and contended that legally Hedges himself must be accredited with being its father. "It would be monstrous if the child was declared illegitimate," protested Mr. Tong. ; He supported his argument with authoritative cases of a similar nature and again stressed the fact that Hedges must, legally, be accepted as father of the ch.ld. His Worship reserved his decision, hinting that if it was legally possible to do so, he would make the order asked for.