THE MONCKTON-LYNCH CASE.

Lyttelton Times, Volume LXI, Issue 7221, 22 April 1884, Page 5

THE MONCKTON-LYNCH CASE.

[Per Press Association.]

WELLINGTON, April 21

At the Magistrate’s Court to-day Alice Lynch was charged with having, at Auckland, on Nov. 23,1881, made a false declaration touching the age and parentage of one Emma Mary Howell. Mr Shaw appeared for the prosecution, and Mr Cutben for the defence. The Bench was occupied by Justices. Mr Cutten asked that tho information should bo dismissed, as it was laid by a person who had no existence, vis., Emma Mary Howell. Tho woman alluded to was Emma Mouokton, and not Emma Howell. After discussion, Mr Shaw obtained permission to withdraw the information and substitute one laid in tho name of Emma Mary Mouokton. Mr Shaw called J. Owen Lord, Registrar of Births, Deaths and Marriages at Auckland, who produced a book containing entries of marriages. No. 388, Nov. 22, ICBI, was a notice of tho intended marriage of Charles Henry Monckton. described as a widower, photographer by calling, 3G years of ago, previously of Wellington but then of Auckland, with one Emma Mary Howell, described ns a spinster, 15 years of age, previously living in Wellington but then at Auckland. The notice was signed *• Chas. H. Monckton.” Tho usual declaration followed. Next tho declaration set forth that Alice Howell, being tho mother of the said Emma Mary Howell, gave her consent to the marriage. The Registrar of Births, Deaths and Marriages at that time was J. M. Wayland, whom witness had succeeded. On Nov. 23 a certificate was granted to Monckton. The Registrar could not lawfully have issued the certificate without the consent of the mother, father, or guardian of the girl. Tho document was the certificate of birth of Emma Mary Howell, born at Napier on Sept. 27, 18C9.

Emma Howell, alias Monckton, deposed that in the month of November, 1881, she was living in Auckland with her sister, the present defendant. When she left Wellington her father was in the city, living with another sister. Her father was now in the Lunatic Asylum. Her mother was dead. She was in Auckland for three or four months. On Nov. 23, 1881, witness, Monckton, and her sister, went to the Registry Office in Auckland. Prisoner told her that she was to get married. She was then 12 years and two months old. At that time she did not know what marriage was. She did not go to the office when her sister and Monckton made the declaration on the previous. On Nov. 22 she was boarding at the Convent, and was taken out and told she was to be married next day. She slept at her sister’s house that night, and on the following morning she was married. She could not say who witnessed the marriage. She believed one of the witnesses was a messenger simply called in for the purpose. The other was her sister, the prisoner, who wrote her name as if she were witness’ mother. Prisoner also told the Registrar that she was her mother. She further certified that her father was dead.

By Mr Cutten: She had been living with prisoner since she was a little girl, and had sometimes called her mother. She recollected when she first went to live with Mrs Lynch accused had clothed and fed her for several years. Monckton, however, told her that if she did not marry him she and her sister would be turned out on the streets. For two years or so after the marriage she had lived with Monckton. She had never acknowledged herself to be Monckton’s wife. The letter produced, signed “Emma Monckton,” was written by witness. She remembered the day one of the sisters, a Mrs Beckwith, was married. She was present. Did not recollect what was said on that occasion.

By the Bench: When she- was taken from the Convent she did net know that she was to be married to Monckton. At this stage, Mr Shaw submitted that he had made out a prim 6. facie case, and asked that accused might be committed for trial. He had more evidence to call, hut did not consider that the depositions should be burdened any further. Mr Cutten said he thought the case one on which no jury would convict. He would not, however, object to its going for trial. Accused was then committed, bail being allowed, herself in £2OO, and two sureties of £IOO each. Charles Henry Monckton was then charged with a similar offence. Mr Lord gave similar evidence to that in the previous case. Mrs Lynch stated that she had been living with Monckton for about eight years, the greater part of the time as his wife. Monckton did not appear at the registry office the day before the marriage. He signed all the declarations on the day of the marriage. Witness was born in Auckland in 1854, and was now thirty years of age. Tears ago she had a separation from her husband. Monckton was appointed her trustee under the separation order. She was then about 20 years of age. She came down to Wellington from Wanganui, and tried to support herself and the girl Emma. She found that she could not do so, and she went to live with Monckton, but not as his wife until some time afterwards. Witness believed that her sister was now about }7 years of age, and at the time the marriage took place she was about 15. She held this opinion on account of something which her mother said. There were at one time all sorts of yams about the parentage of the child. Witness palmed it off as hers because she did not want people to know who she was. Mrs Beckwith, another sister, who was living in Courtenay Place with Lovell, came up from Christchurch in the family way and was married to Beckwith when the latter was drunk. Witness kept him drunk for a fortnight, in order that he might not see her sister’s condition. By Mr Cutten; Monckton was always of opinion, so far as she knew, that Emma was a child which witness had had before marriage. Once or twice he told witness that he had Reard the girl was her sister, and witness told him not to believe any yarns of that sort. When she put the girl in the Convent, the authorities desired her to take Emma away, as she taught the children things that unmarried women ought not to know, Margaret Beckwith, wife of Sydney Beckwith, deposed that Monckton first lived with her sister Alice at Wanganui, the girl Emma being with them. Witness was in the house for some time, and saw Alice beat Emma because she did not call her mother. Witness had heard Alice Lynch tell Monckton that Emma was her sister, and that she had had her since she was a child, Emma was now about 14 years and G months old. By Mr Cutten : All this occurred about six or seven years ago. Witness went to Wanganui at that time to got married. She declined to say whether she had a child shortly afterwards. She was now separated from her husband, and was acting as Lovell’s housekeeper. Before getting married, and after coming from Christchurch, she resided with her sister in Wanganui for about a month. By Mr Shaw: Accused knew for years past that witness, Alice Lynch and Emma were three sisters. Witness’ mother died ten years ago. Mr Cutten contended that a primal fade case was not made out. Anyone could see that the girl was more than 15 years of age, and no evidence had been brought to prove that at the time the declaration was made prisoner was aware she was _ under 15, and that she was Alice Lynch’s sister. The Bench thought the case was one for the Supreme Court to decide, and prisoner was committed for trial, bail being allowed in £IOO for accused, and two sureties of £SO each.