"THE UNWRITTEN LAW."

Dominion, Volume 1, Issue 256, 22 July 1908, Page 7

"THE UNWRITTEN LAW."

• AN ACQUITTAL. (OX TELEGUAPn—ntESS ASSOCIATION —COFYIUGIIT.) Melbourne, July 21. • A father and son, charged with assault in connection with a music tcacher's conduct towards a girl, pleaded "the unwritten law,'' and wore discharged. A LONDON CASE. . The " unwritten.■ law" has generally been identified, with American courts, but London papers,'record, a case in English law Which comcs near it. Tho caso : was heard on July 21 last year, and.a report states:— ■ " Tho unwritten law" .whs acted on by Mr, Justice Darling in a case heard at the Central Criminal Court yesterday. Charles Rogers, a carman, of Storey Street, Islington, and his sister, Mrs. Jessie Lucas, of North Down Street, Islington, received the nominal sentence of three days' imprisonment for tho manslaughter of John Smith, an ostler. Mrs. Lucas had ' been ill-treated by Smith, with : whom she lived, and complained to her brother. Tho two men niet, and Rogers struck Smith, and killed him. ._ ..Rogers, who pleaded-guilty, was stated to be a peaceful and respectable man. Mrs. Lucas was found by the jury to be also guilty, but they recommended her in tho strongest terms to mercy. Mr. Justice Darling: snid it was a miserable case, and no ono could ,help being touched by it. 1 I cannot," ho added, "say that what Rogers'did was lawfulj but in tho. circumstances it was .no wonder that he yielded to his sister's supplication. I shall give effect to the very propor recommendation of tho jury by passing, a sentence on both of three days' imprisonment. This entitles thorn to bo discharged at onco."

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