KIDNAPPING.

Hawke's Bay Tribune, Volume II, Issue 179, 13 July 1912, Page 5

KIDNAPPING.

QUESTION FOR COrilT OF APPEAL. [BY TEl.El.llll’H specivi. J Wellington, July 13. Is a father entitled to th.* cti-dody of his chilli when it is in charge of its mother 1 This «a*. the point ot :i Crown case heard in the Court of Appeal yesterdai. L. M. Mikkelsen and 11, James are alleged to have kidnapped Gladt - Mikkelsen. the eight-year-old daughter of Mikkelsen, while the child was uniter the charge of its mother. Tie..* 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 possession. Mr. R. A. S inger, counsel for Mikkelsen, said at the trial that he would not dispute th.' occurrence. There was no doubt the child was taken, away, and he admitted that took the child. But. a-k cd ■-■Wi'nstl, ’ Did lie not hate a right to take her !" That, said Mr. Singer, was the whole question, and the case hinged on the word "unlawfully. ’ Did Mikkelsen '‘unlaw fully” take the child awiiy ! His Honor: That point 1 will reserve for the Court of Appeal. Mr. J. A. Tole. K.C.. Crown Prosecutor, drew attention to tne judgment delivered by Mr. Justice Edwards when some time ago Mikkelsen applied for the custody of Ins daughter, Gladys, the child now in dispute. Mr. Tole pointed out that Judge Edwards had given Mrs. Mik-, kelsen charge of his daughter Gladys and therefore Mikkelsens action was a breach of Judge Edwards’ decision. The jurv found James not | guilty, and Mikkelsen guilty, and I sentence was deferred.

Mr. J. W. Salmond (SolicitorGeneral) appeared for the Crown, and Mr. R. A. Singer for the accused. The Court held that the father’s act was unlawful. Tf it were allowed, there would be an end to order in any community. The conviction was affirmed.