A POINT OF LAW

Hawke's Bay Tribune, Volume XXV, Issue 232, 17 September 1935, Page 8

A POINT OF LAW

Wife’s Statement as Evidence CASE AGAINST HUSBAND (By Telegrsph—Press Association.) AUCKLAND, September 17. The validity as evidence of a statement made to a detective by the wife of a man charged with an offence was questioned by Mr. F. K. Hunt, S.M., in the Magistrate’s Court. The matter arose during the hearing of two charges of unlawful carnal knowledge brought against Percy Ernest Malcolm Growden, a young married man. The offences were alleged to have been committed at Dairy Flat. Evidence was given by Detective Finiay that he interviewed the wife of accused and obtained a statement from her. Witness subsequently showed the statement to accused, who said it was not true. On behalf of accused Mr. Burns objected to the statement by the wife being admitted as evidence. "A wife cannot give evidence against her husband, so how can her statement be admissible!” asked the magistrate, addressing Senior-Detective Hall, who was conducting the prosecution. Mr. Hall: I can submit authorities to prove it is admissible as evidence in this case. "You can put it in if you like, but I will not read it,” said the magistrate, at whose request counsel’s objection was recorded in the depositions. Mr. Hall said that accused’s action in commenting on the statement rendered it admissible as evidence, otherwise it could not have been properly submitted. In reply to Mr. Burns, Detective Finlay said he had not warned accused that the statement might be used in evidence. Witness did not know at the time that Growden was to be charged with the offence. Accused pleaded not guilty and was committed for trial.