AGE OF WIFE.

Auckland Star, Volume LXX, Issue 190, 14 August 1939, Page 9

AGE OF WIFE.

UNUSUAL CHARGE.

HUSBAND IN COURT.

ACQUITTED BY S.M

i\o JURY WOULD CONVICT."

Uirrior! Ims ih,in a month a.-.m, ft V 1 • i v.; i'l nicer, .M,,iiis Edward JJuniev, ;|' " •""I '"•'"i-o -Mr. ,1. Mcrii,,-

"> I"" l'»lico Court to day on „u, ' •' r(l ui,h knowingly and wilfully '■ 111-it! (I.M-I;,ration (,|| M,, v i' s | •<« I I '0«~<- ol )•! ••I'Ul'illtr | 111 Hl* t||(. ol' Man,;,,. ,s at Auckland a ' ■"<l-y d.vlanii- the • 1 o\ <i• l'i■ t,, |„. •>!,

Ml ", w,ls th( '" "»iy IT wars ;i ml I I itnhii lir..

A"''r c\ idci ice. had been hc.nd, iiieltiilthat. "I defendant and hi,, wife, the II t u 1.-1 rale i< I t here war* a■ I. 11. t aliunt '"'"('"i - . ii n.l that it was inipu.bable t ' it. a. jury \\ .mld ,n\ i.-t . Accordingly lie relii-ed I" -end Darney fur ti ia.' in »j'" Supreme t ,m, i. and 'disnu-cd the i iiar,;i' again-t. liini. Mother-in-law Faints. DeteiMl.nn 111<• t Hi-1 -in l.i u , Cecilia I'lanchu 1.51 I , i-a iu i-he w,i . separated ' i • "ii her —mimkl «iiii wa.i inaint.i ining her. Lola .loycc I'cun.., mcutluiicd in the ch,nue, u.is her daughter by a. pre* mil, marriage. La.-t February Darney a>ked pi'rini-simi in marry her daughter. Witness relumed consent as her daughter was too yoiiiu. Darney told her that her daughter was sensible and old enough (o know her own mind. Prior to May .-lie w at- again a.-ked by Da rue v for pel lIIi .-ion. w hen ,-he told ' him she would be unite plea-ed if they got married if he had constant work. "About two months ag) I gave my consent," said Mrs. liridger. "They were married on Jlll\ At I hit- stage tho witness fainted, and had to be removed from the Court by two co i if-1 a bles. Evidence proving that the girl was 17 years and 11 months old on May IS, when tho declaration form was obtained by defendant, and that the form was signed by defendant, was given by a clerk employed in tho office of the Registrar of Marriages. Evidence was given by Constable J. Xeedham that he saw Darney on May ID, when Darney said to him: "I missed you yesterday. You know I made a false statement at the office of the registrar yesterday." The following morning Darney called at the police station, where he made and signed a statement.

This concluded the case for the prosecution. Domestic Squabble. Darney elected to give evidence, and *11 id lie was an engineer and worked for 11 firm in Nelson Street. "I had been keeping company with Joyce for quite a while, and some time ago I asked my wife's mother for her consent to our marriage," he added. "This she refused because at the time I was not in permanent employment. I do not recall her telling me the age of her daughter. I waited for a while, and again asked aer consent. She said she would give ier consent on condition that I got permanent employment. A short while after that her daughter was involved in a domestic squabble at home, with the result that her mother ordered her to pack up and leave the house. In desperation the girl came around to me and told me what had happened. She linked me if we could get married then instead of later. She told me she was old enough to get married.

"I then went and got a form from the registrar's office and filled it in to the best of my knowledge and belief as being true. I intended to call back at •1 o'clock that day, May 18, but on going to the girl's grandmother's place, t was told that her mother had been to the registrar s office and also informed the police that I wag marrying her daugh ter when under age and without her consent. So I did not return. I then asked tho girl what her age was and she told me it was 17 years and 11 months. That was after I had signed the declaration. Tho night before I signed tho form she said she was 21."

In answer to Sub-Inspector Pender, who prosecuted, Darney said he did not get married on July 22 on the information supplied on May 18. When he filled in -the form he wa« under the impression that she was 21.

Mrs. Darney also gave evidence on her husband's behalf, and said she told him she was old enough to get married. Before ho wont to the registrar's office and filled in the form she admitted telling defendant she was 21.

Before defendant was asked to plead to the charge, Mr. Morling remarked that there was n. doubt about tlio whole matter. "I don't think any jury would convict you on the evidence—that is most improbable," he told Darney. "The charge will therefore be dismissed."