PETTY SESSIONS Tuesday.

Daily Southern Cross, Volume XXVI, Issue 4010, 29 June 1870, Page 4

PETTY SESSIONS Tuesday.

[Before J. Naughton, S. Kempthorne, H. Morrow (Chairman), T. B. Kenderbine, J. A. Wilson, J. May, G. M. Mitford, J. S. Macfarlane, Esqs., Justices.] Drunkenness. — S,. Dedd, Daniel Coughlan, and Ellen McL°an were punished for this offence. — Michael Hickey was fined 20s. and costs, for being drunk and disorderly. Breach of,V\grant Act. — Ellen.McLean was sentenced to four months' imprisonment with hard labour. Breaches op Auckland Police Act. — Joseph Craig and Peter Dowd were fined 5s. and costs, for breaches of the above Act. Breaches op Impounding Act. — William Beswick and John Russell were fined 5s. and coats, for breaches of the Impounding Actr Assault. — A case of assault was settled out of Court. Breach oe Harbour Regulations. — William Lamb, master of the schooner 'Fiery Cross,' was charged by William Ellis, Harbourmaster for Port of Auokland, with a breach of the 3Qth clause of the above regulations, by anchoring his vesselin the fairway of steamers and other vessels going bound from Queen.street Wharf. — Mr. Brookfield appeared foi the prosecution. — Defendant pleaded guilty, and stated that he committed the offence unknowingly. — Edward Wall, master of the • Williams,' and Captain Ellis gave evidence. — The Bench imposed a fine of 10s. and Court costs j and requested the Press to publish the clause of the regulations under whioh the information had been laid, Allege© Marriage with a. Niece. — Robert Graham was charged, on the information of John Lundon, of Onehunga — "Thatfhe did, within the space of one month past— namely, on the 3rd June — knowingly and wilfully make a false declaration to the Registrar of Mai'riages in and for the district of Auckland, for the purpose of procuring a certificate in the form schedule B to the Marriage Act, 1834." Schedule B of the Aot provides the form in which the certificate is granted to persons making a declaration under the Act. Clause 12 of the Act provides that, before any certificate shall be granted, one of the persons intending marriage shall make a solemn declaration before the Registrar that there is no impediment of kindred, or alliance, oi age, to the marriage. And. clause 35 provides that any person knowingly and wilfully making a false declaration shall be deemed to be guilty of a misdemeanor. The Court was densely crowded immediately after the doors being thrown open. The defendant was three times called outside, and did not appear. — Mr. Rees appeared for the prosecution. — Mr. Wynn : I appear' with Mr. MacCormick for the defendant. He will be here in a ruinate or two. — After a few minutes, the, defendant appeared, and took his place near hia counsel. He was then formally charged. — Mr. Rees applied for leave to amend the information, by inserting the word " instant " after the words "2nd day of June. " — The Bench granted leave to amend accordingly. — Mr. Rees opened the case the prosecution, referring to section 35 of the Marriage Act, 1854 j section 10 of the same Act, repealed by section 6 of the Act of 1858; also schedule B, and secbion 12. The allegatibn was, that Mr. 'Robert Graham had made such a declaration as brought him within the 35th section of the Act. Mr. Rees here read the declaration by the defendaut, Robert Graham, which was to the effect that he solemnly declared that he be- " lieved there was no impediment of kindred or alliance or other lawful cause to prevent his being united in marriage to Jane ,Horne. Ho (Mr. Rees) did not propose to call more than one or two witnesses, but should the Bench not be of opinion that a sufficient prima facie cise was shown he would ask for an adjournmentfor a day or two that he might summon such other evidence as he might require. — Mr. Rees then called John M. Weyland, Registrar of Marriages for the district of Auckland, who produced his appointment. — Mr. Rees : Do you know when' that was gazetted? — Mr., Wynn: I _ object to any question as io when it was gazetted. The ■ Gazette mu'st speak for itself. — Mr. Rees contended that he could adduce evidence as to the gazetting, provided that he did -not go into the contents of the Gazette itself. — Mr, Wynn said it would be getting the contents of the Gazette without producing it. If the Gazette was not produced the question "was irrelevant. — The* Bench over-ruled > Mr. Wynn's objection. — .Examination continued : I am the Registrar for Marriages in the district of Auckland. (Certificates of appointment put in evidence.) Acting as such Registrar, I saw Mr. Graham on or about the 2nd day of June, in my office, in Auckland. Mr, Graham applied for a certificate- of, marriage. — Mr. Rees here produced and put in evidence the New Zealand Gazettes for 1865,' containing notice of Mr. Tftfeyland's.appointment as Registrar. — Examination .continued.:,, I required Mr. Graham to make a "declaration in accordance with the 12bh. section of, the Marriage 'Aot, 1354.' He made that declaration, whiorul now produce, That is Mr. Graham's signature. (Declaration put ineyidence.) ;; I had na conversation with Jtrim at the tiiae on the subject, - I grimted Kim thdpertifloatb w^Loli n I now' produce, after the declaration-was made. -I . first ppoke /about :'the dficlaration.under the 1 12th seqfton •$hen t M:p/,Gr£nwm applie^;tox&e ffbr s fche certificate. , -i«fcein^n^$fled*injthe ! rioMce " of r aooording.to* tha;6iH' «eo- v tion of-the A'dfof *64,'and;}he jUetft timed it> X filled, in the^decTar^oa^^^hanqM i^-td "him,-, X would; no^ftaye (j^teA j^eeriigl-j cate of marriage had notdihS dequttaiiioirbeen "mafte.7 Itls nw&asSfr'ffltyTi hexaeclafatiott' *ficat>.< .The object *otm&wg%tf&eclsa&fion ;ii:to ■. p%in'4: riQ^age/oertifiCjit^byiOthe; perform -the; ceremony of marrmge between^ : 'tMpaBieS w&ft6&M$& cor^fi,Ca|e||ccoram^'

nesses present were Mr. Samuel Coehtafle> andx Sergeant Is. Bushel (names read from the register). , Mr. Bushel signs as «,• Clerk,North Shore;" Thcfee were the only wit-' ■ries'sas"! they ware '^he two' required by the Acfc ' I do rioi tefMlect heating .any'conver* sation between Mr. GrahaM and Mr. Cachrane. — The witness was' not cross-exEttfiified. —Witness recalled and examined : The certificate is in the" fornof of schedule B of the Act of '185< and was made after the declara1 tion was made. It is' under the" sixth section of the Act of 1858.— Samuel CochfSn^, auctioneer, examined by Mr. Rees, deposed : I know the defendant, Mr. Graham. I "remember being present at Mr. Graham's l marriage, in the office" of the Registrar; I do not know Miss- Jane Home. I know a Voting lady "Who gave that name. I do not know the lady who was married to Mr. Graham. I saw her twibe before she was married. I do not know her as Miss Jane Home. She was then called* Jane Home. There was not any strong family likeness. — Mr. Rees : What do you mean by saying there was no strong family likeness ?— Witness 1 ? She does not bear- a strong family likeness to the rest of the family of that name. — Mr. Rees : Why do you say there was not a strong family likeness? — Witness : Because I believe it.— Mr. Rees t Why do j you link this Jane Home with the rest of the family then in Auckland ?— Witness : 1 atn not linking her at all. — Mr. 1 Rees : I wish you would answer my 'question. I_ have not the slightest desire to badger you, but I shall be forced to do so if you do not answer in a straightforward manner. — Mr." Cochrane : I am as anxiotis to get away as you are, Mr. Bees. I have my business to attend to, and my carriage is kept waiting for me. (Laughter.) — Mr. Rees : Did this Jane Home, so far as you know, belong to the rest of the family ? — Witness : I do not know. I saw her once, but it was not in the house where the family lived of the same name, — Mr., Rees ; Had you any reason to -believe that she did belong to that family ? — Witness : I formed no belief about it. — Mr. Rees : Mr. Cochrane, I would ask you to be carefxU what you say. Do you mean to say you did not understand at any time that she belonged to the family of that name ?—Witness : To what family of that name ?— Mr. Rees : The Home family.— The witness^: To what family of the name of Home ? — Mr. Rees : I must have an answer. I am sorry that your carriage is waiting, and that your sale is stopped, but I must have an answer. — Witness : My sale is not stopped, sir. I have got Mr. Jones in my place. — Mr. Reea: To what family do you allude ?— the family of Home ?— Witness : Well, the family of Home— the Home family. —Mr. Rees : Well, to what particular family of the Homes do you allude when you say you did not think she belonged to that family ?— Witness': I What particular family ? Why, the family of Home. — Mr. Rees : Do you know that there was a family named Home connected with Mr. Graham by relationship ?- Witness : I believe that there was. — Mr. Rees : What relationship did you understand them to hold, Mr. Cochrane T~ Witness ; I am not very intimately acquainted with the family. I do not know much about their relationship with each other. — I do not know what their consanguinities are. — Mr. Rees : Are you able to form any opinion about it ?— Witness ; I have been told that Mr, Graham and Mrs. Home are brother and sister. — Mr. Reesj You have been told that generally ?— Witness : Yes ; it is generally said that they are. — Mr. Rees : Then Mrn. Home would be the mother of the family to which you allude ?— Witness : 1 do not know. — Mr. Wynn said how could Mr. Cochvane know who were Mrs. Home's children? It would be strange if he did.— Mr. Rees contended that prima facie evidence would be sufficient.— Mr. "Wynn Baid the Court was bound by the same rules of evidence as the Supreme Court. They had not yet been informed aa to the portion of the declaration alleged to be false. It was quite clear that Mr. Cochrane was speaking of a matter of mere rumour, which could not be received as evidence in that Court. It was only the persons related to each other by tie3 of consanguinity that would haye the right to give evidence aa to relationship. H was not for Mr. Coohrane to oome into Ooust and report what he had heard in the streets. — Mr. Rees contended that a matter of public notoriety should be received for what it was worth. He would not, however, press the point. (To the witness :) How did. you come to be a witness of this marriage ? — Witness : By going to the Registrar's Office. — Mr. Rees : How did you first come to be induced to go to the Registrar's ? — Witness : Why I went with Mr. Graham.— Mr. Rees : How were you induced *- to go ? Did he carry you ? — Witness : I went on my feet ; I walked there.— Mr. Rees : At whose request ? — Witness : At Mr. Graham's.— Mr. Rees : When did you have the first conversation with Mr. Graham in relation to his approaching marriage? — Witness : Oh, some few days before he was married— a short time before.— Mr. Rees : Did Mr. Graham then tell you to whom he was going 'Mr. Wynn objected to the question. Mr. Rees contended that he was perfectly justified in putting the question in such a way, seeing that the witness was not answering in a* straightforward manner. — Mr. Wynn contended that Mr. Rees was putting words into the witness's mouth. — Mr. Rees : Now, what took place on the occasion of the first interview between yourself and Mr. Graham, when his marriage was spoken of \ Witness : Mr. Graham said there was a young woman whom he was going to marry; that he was exceedingly attached to her; and would I have any objection to witness the ceremony ? and I said I had none. Mr. Graham did not mention the lady's name. — Mr. Rees : Was that all that took place on the occasion ? — Mr. Cochraue : If I had known before half-past 9 o'olock 1 would perhaps have sought up a little more information for you. I did not know you would bring this malicious prosecution so soon. — Mr. Rees : You had better be careful what you are saying, Mr. Cochrane. — Examination continued : I frequently saw Mr. Graham before he wa_3 married. The subject was not mentioned. I cannot exactly recollect the day when I first knew it was the Miss Jane Home that I had met on two previous occasions that he was going to marry. The whole matter was within a few days of the marriage. I knew before I went into the Registrar's room that it was Miss Jane Home, because I was told before we went in. I was told by Mr. Graham himself, I think it was a day or I two before. -^Mr. Rees : Then, what did ' you mean by saying 'that you had no communication with Mr. Graham about this marriage before?— Witness : The last conversation I had with' him was advising him strongly to get married. He said there might be something ■wrong in the matter. I said there was nothing wrong — I had made inquiries into the matter, and it was quite right that he should marry her. It was about his marrying that I made inquiries. Mr. Graham suggested that there might be something wrong. He meant with regard to marryin^ thia young woman. There was a difficulty about it. (The -witness here explained the difficulty.) There was a report* going about to Mr. Graham's prejudice. There would, of course, be an injury to Mr. Graham in marrying a person below him. That was- one reason. Another, reason was, that'it t inight be objected to ,6y some of "the relations, There was another reason^ (The witness here explained the. reason,) There w&s also another, 'that thetiea of^bnsangui- 1 aity might be s too olo«e. My 'repl£ waajythftt it was a matter between man and mah.ltbiit before thfe f "eye* 'oF God'. Yd -'was Bdtihd to make, this } young woman his wiie,~Mr.. Itee* VNovr, will you tall Ur t'6 what extent was the^relatioriship between this yo'ung ■$rom*fi aiwFM*'. 'Graham ?— Witness s \What • relationship' ?— Mr. Rees r You ' khow.as well asil IJ'd6--r-ThV,0haMnan :!| Answer, ;the4uestion,, 1^r^ t Oo^hr^ne:4 l :Witne8s" % It was; th»t'sho . wa3 fais.aister's daughter: *r- t He^diddid, not tell, me- soi'^ fJE-'Sdo^'not-tbilLk-Ae' gjet ,thail out^th^hV^pr^ere^^Witrie>8 : t dp; not, think Mr. Graham ■ ever said" that Miss Jane Horne, was Ms, t sister^ daughter. 56,aaid:that the relaMonshiprnughls/be/'too jjose. \That wsis the whole cOjinmunication , ihat was made .with meV }I had, not. much

Mr.IUfes -"Well, you seeing v have put i yotirself in th» position of hia^ legal adviser.-^Witness *^^o, j£d*£ n0 *- ~ I should . do the same- thing myself to-morrow, men, but I am past that time of life. The inquiries I made Were with reference to this difficulty started by Mr. Graham. derstanding I had in making these inquiries was that she might be his niece. It was not that skiitM his * niece, Tmt; that she might be; I understood that ; she, "was this niece from rumour. I 'did ttotknow that she was. I- did not understand that .she was his sister's daughter from the tenor of the commtmicatidns I had with him; I do riot know it now : t would riot »ay even now.thatahe ia his niece. J told him that I .had, made iuquiries, and that he inigfitj»fely marry her, „- a few days before Masked me to be. a - wit« r , ness. I do not think he mentioned the name - of the young woman to me before I made inquiries. — Mr. Rees : Then how did you know to whom he referred? — The witness - hesitated, and the question was repeated. Witness stiU hesitated. — Mr. "Reek: Take plenty o£'tim6, Mr. Cochrane.—^Witness :_It was a matter of public talk," the companionship with- Mr. Graham. ' There was only one young woman of that name to .whom the relationship referred.— Mr.Re'es :Thenyoudid know to whom he-referred.— -Witness : I did. — Mr. Rees : Then Ishouldlike.to aakyouwhy you took the trouble to inform the Bench alittle while ago thai/' when Mr. Graham asked you to be a witness to the marriage you did not know to whom ,he referred ? — Witness i I do not think> I, saidl so. — Mr. Rees: Ithinkyotf did.-^Examination continued : I did not, in my advice, tell Mr. Grahanf that such a marriage would be absolutely void according to the law, of the land. I believe in the eyes of God it ia quite correct.— Mr. Rees : Well, we 3 will not profane His name here.— Witness : -Oh, no. It is as high upon me as upon you, sir. — Examination continued sJTwas aware at the time these matters were going on bhat the young lady to whom he referred was his niece. That was one of the difficulties which Mr. Graham suggested as preventing him from getting married. He never told me that she was nbt his niece, or led me to suppose that she was not. He did « not suggest any difficulty. He asked.'me would it be right, and I sa"id I would inquire. T was to inquire about whether a man could marry his reputed niece or not. I do not recollect the , exact words he .used. It was not about marrying a "reputed niece" that I inquired, but a niece. _ It was in consequence 'of 'those inquiries that i I told Mr. Graham it was ,&Q right.— Mr. Wynn : With regard to this question of reputed/ relationship, will yon try and recollect did Mr. Graham say this to vou : She miffht be his niece, but there was not a family" likeness, and he himself did not believe she was.— Witness : I do not know that he said it in those words, but I believst that was the impression he created. — Mr. Wynn : Did not he make use of words to that effect ? — Witness: He did. I am, quite sure of it. It was in order to remove this difficulty that I made inquiries, and informed Mr.. Graham, as the result, that there was no lawful impediment. Before my opinion was conveyed to him in that distinct form, he expressed a determination not to marry her. It was my assurance to him that led him, so far as I know, to alter his determination. — Mr. Eees : You s¥ould not |ive advice as to questions of law. — Witness 5 I believe I was right, and I believe so still.— Cross-examination continued : I went to the best «ouroe I knew of to obtain an opinion. It was a very important matter, and I was anxious to have the best opinion. I gave the advioe to Mr, Graham bona fide, believing it to be correot, I believe Mr. Graham received it equally bond. fide. — Mr. Bees contended that the witness could not give evidence as to what' Mr. Graham believed. — Mr. Wynn contended it was proper to show what occurred between the parties, in order to answer the charge. — Cross-examination continued: These conversations took place before the 2nd June. When he saw theblank oopy of. the declaration, he said he would not make it. It was in consequence of what I imparted to him after making inquiries, that ne signed it. — Re-examined by Mr. Rees : I know it was in consequence of my assurances, because he had refused before. * I do not know that he had not changed his mind, but he signed it on my representation. It is not merely my opinion: I am sure of it. He did absolutely refuse to sign when he first saw this blank declaration, alleging no reason. I knew about what I was to make inquiries, because I had information before regarding his marriage. Before he refused to sign, I knew what I was inquiring about. I made the inquiries both before and after. I supposed he refused to sign -the declaration on account of the consanguinity, or reputed consanguinity. I told him that I had made inquiries as to a man marrying his reputed niece. That was the information I was to get for him. He told me to get the information some time before the marriage. Mr. Graham* led me to believe she was Eis niece. — Mr. Rees : You say Mr. Graham distinctly told you he did not believe she was his niece, and then, that he led you to believe that she was his niece. Which of these statements is correct?— Witness > They are both correct. (Laughter.) There are many cases of the same kiud. I think you will find that Rothschild married his niece. — Mr. Rees: I think you will find that there has been no valid case since the reign of William the Fourth.— Witness* If there were more marriages there would be less crime in the world. — Mr. Rees : I do not know ; there might be more. — Mr. Rees said -he would not call any of the relatives respecting this matter. If the other side objected on points of law he would ask leave to reply. — Mr. Wynn addressed the Court, contending that no evidence had been adduced to show that the defendant had wilfully and knowingly made a, false declaration. There was not one tittle of evidence ,to prove that ties of consanguinity existed between the defendant and the lady to whom he was married. My, Cochrane was a witness for the prosecution, and therefore the proseoution must regard him as the witness of truth. They could not accept part of his evidence and reject the remainder. Throughout Mr. Cochrane'g •vid^hce there was no proof of admission on. the part of Mr. Graham that the lady was his niece.' It had been" shown, in fact, that Mr. Graham, from the assurance* he received from Mr. Coohrane, believed, there was no impediment to the marriage even if the lady were his niece. That there was an impediment to a man's marrying his niece he (Mr, Wynn) did not deny. •• -H a man married hia niece no doubt the mavriage would be void, He called upon the Bench to dismiss the information. — Mr. Rees replied, contending that there was sufficient pnma facie evidence to demand a committal, in order to send the ' case to' a jury. * He had abstained from calling the relatives of this young lady into court, as he might have done, in order to prove the ties of consanguinity. He would not characterise Mr. Cochrane's evidence as he should like to characterise it. The learned counsel went on to argue that the fact of defendant's having acted upon advice did not relieve him from the -consequences of thA" offence with . which he . was ' charged. Since, the" days of- Henry Jihe JDighth/ suoh a marriage was always unlawful. He contended - that the evidence of /JMir. Cooh.» rane dearly proved, the ,rbffenoe.-r-The Benobrwere About to retire to consider, their ! deoision; When Mr., Naughton^riUed the ! fetter or not the evidenca. *hould. I be read qver./and^the.umatrcatttiQttgiyett before theBenob reti?ed.'~Aftw; argument, the,J\tstiQe» retired, : and AfterrW^iabseno^ of ten miriuteV returned into *.couxfcrrr The Oh>inftan t theu saidj; Gentlemen^my brother magiatrateirand I have, aijfafca^we^ould, >> giyon- < our' * carafttl, . *t$ention&i4 ";this s-fon-pleasant, this most unpleasant, case,;- and -■ We .hare .comet to" the, conclusion, .thatv we ; ought pot. to send,i| t<htn*1^Mr^^ypx : - -Then -ydtt , dismiss.: the- iiifonu»t?oa ?— The Chairman .?, YesVrMr..,; uGrafiiBir \ was/ <tia- ' chargel.r' The,Criiu$roW;at ; 2.aSp.m.>or ,/■■

> I Wheniyge'iapSISake-tHe^pliwVof imull'^, "»p»es," eggs,-, butter,- fcoaeyvf rait,? 'and oth^r," are bread, m^j^tatoesKaud^of iiett :extr*v»- ;