A LITTLE STRANGER

Taranaki Daily News, Volume L, Issue 57, 13 March 1907, Page 3

A LITTLE STRANGER

DISI'L'TUD PATERNITY. At the S.M. CourTuii Tuesday morning an order was sought compelling a ! young man, 11. ,1. Sh el, a resident of New Plymouth, to contribute to the uiainli'iiance of an illeg tiniate child, of which he bad been adjudged the putative father at ;i previous hearing before, the child was born. The defendant applied for a re-hearing of the case against him of failing to provide for I lie maintenance of his unborn child. Mr Weston appeared for h m, and Mr Kerr for Ihe relatives of the mother of Ihe child. M Weston called for a re-bearing of the ease, and the cancellation of the existing order, .advancing us grounds that the defendant, at the previous hearing wa- unrepresented by counsel; thai he was served with a summons at fi.rill in the evening and the ease came on next morning; the defendant was unaware of the possibility of obtaining an adjournment in order to procure witnesses: Ihe defendant beim; unadvised, was unaware of the i-Mics to be decided at the hearing. Ihmkhej tha, Ihe mo-1 that, would be done would be the issue of an order to prevent his leaving the town: the defendant w.i- Moue deaf in one car an I did not hear half of what was going on: the defendant had deii'e.l paternity; the older was made before the hirlli of the child, and subsequent events had ibrown a new light on the complainant's evidence, inasmuch as • she had staled the intimacy had ceased ' at the end of April, 11)011, and the child was not born mit'l 2nd March, 11)07. The applicant wa- put in the box, i and gave evidence on these lines, and : that he hud understood ihe proceed- ' inns were taken merely to prevent his • •'clearing out before' tile child was bora." ', •

Tin' applicant, cross-examined by Jlr Kerr, said the Magistrate hail oll'cred nl i lie commencement of the hearing I to adjourn in order to enable hiin to obtain counsel, lie had nol gone into tlmliovtotfivv evidence, tint hud "funked it." Ah Kerr failed .Mr Banks, Clerk of the Court, who hail been prescm at the hearing. To the best of his belief the defendant had not known cxactlv how to plead. lie said he had been served the day before with Hie summons and he' v.-anleil a lawyer. Mr Hutchison, S.M. '' "' !,i '» 'f ''« would have an adjo ' ■ '< lie had aiiv evidence to !.,'. , .' sM to suninion. Defendant said li ■ had no witnesses, and seemed undecdedj as to what course he should pursue, lie was ,|iiite satisfied iu hi- own mind that llie defendant fully understood he could obtain advice if he wished.. One pointed remark made by the 'defendant was that be did not think the jiirl would make him n proper ' sort of wife, and therefore he would

mil marry her. To ill- Weston: The ilc-foiuln n1 s ( ifl i|Uiti' indifferent as to whclh-r lit' should In- vcpiv-, id'! '..y t-„'in<c! nr not. If dcfcntkiffi li-mI had a '">-" llit'u his attitude \va '■■■ ■: '' j h-a-t. peculiar. I Mr Ki'i'i- asked •■■ ' | (v,.-li ,'v .!'■»<■<' tt> fonie lurw.iv.!-; H ■ I tva- nf opinion that some such .'vii!- ~,„■,. urns! In' adduced t" warranl .1 re ln-ariim. The *.' M- hail lip™ qu' l '' Kalislicd willi tin- corrohnralive cvitlfiii- ill- thi' orii'iiia! liearimr. and had ,„ ;l .!i. ai> order.' Tlir applicant hncl „,,i -Itil.'tl anv veal ".round for wishin,' ami in I" lake up (lit- lime of the I'tMirl in hcarim: a case which ha.l lx>eu 11 flriir ea-c io Mr Hutchison, S/M\ Mr WVslon lai.i stress on llic fact dial tin- tlcft'iiilun; hail not known thai at thai hcariiH' the paiornitv of' !(!i,. unhoi-n child was to he tlcci'lcil. j There was. ioo, fresh anil iii<lis|iiitahlc !evidence Io he brmi»lit, that tin- clrltl ! w ~s not horn until six weeks aiftor the | expected lime. This was fresh eri- : ilence that was, of course, unohtain--1 ! able at the previous hearinpf, anil which ' showed clearly that the defendant was not the father of the child. j !Hu3 Magistrate said a 'difficulty arose

s under clause 115 of the "Justices of the - jlliu IV.ur. Act." which was clear that I Ihe justices or the magistrate hearing s jtlio case should preside at the re-hear-i ing. This was impossible, as Mr Hut- . chison, iS..\l., who had heard Uie case, . was now absent from this colony. But i the ''Desttuto Persons Act." was di- , redly conflicting on this point. lie I would give; his decision on Thursday ; morning.