KIDNAPPING?

Evening Post, Volume LXXXIV, Issue 11, 12 July 1912, Page 7

KIDNAPPING?

QUESTION FOB COURT OF APPEAL. Is a father entitled to the custody of his child when it is in. charge of its mother? This was the point of a Crown caeo heard jn the Court of Appeal to-day. L. M. Mikkelsen and R. James are alleged to have kidnapped Gladys Mikkelsen, the eight'year-old daughter of Mikkelsen, while the child was under the charge of its mother. The effect of the charges heard against the two men by Mr. Justice Sim was that they unlawfully took Gladys Mikkelsen ' away from her mother ; that they had conspired to commit the offence ; and that they had unlawfully detained the child with intent to deprive the mother of poeseseion. Mr. R. A. Singer, counsel for Mikkelsen, said at the trial that he would not dispute the occurrence. There was no doubt the child was taken away, and he admitted that Mikkelsen took the child. "But," asked counsel, "did he not have a right to take hei?" That, said Mr. Singer, was the whole question, and the case hinged on the word "unlawfully." Did Mikkeken " unlawfully " take the child away? His Honour: "That point T will reserve for the Court of Appeal." Mr. J. A. Tole, K.C., Crown Prosecutor, drew attention to the judgment delivered by Mr. Justice Edwards, when cam« years ago Mikkelsen applied for custody of his daughter Gladys, the child now in dispute. Mr. Tole pointed out that Judge Edwards had given Mrs. Mikkeleen charge of the ehilfl, and, therefore, Mikkeken 's action was a breach of Judge Edwarde's decision. Tho jury found James not guilty and Mikkelsen guilty. Sentence was deferred. Mr. J. W. Salmond (Solicitor-General) appeared for the Crown, and Mr. R. A. Singer for accused. The Court held that the father's act wa« unlawful. If it were allowed, there would be «in end to > order in any com-