MORMON MOCK MARRIAGE.

Manawatu Times, Volume LXV, Issue 1847, 13 February 1913, Page 3

MORMON MOCK MARRIAGE.

AMONG MAORIS. CHIEF JUDGE'S RULING. Supreme Court proceedings at Palmerston yesterday were brightened by a discussion as to tin: validity of a Mormon marriago. A Maori woman, Emaraina Paiwai was called by the Crown Prosecutor (Mr C. A. Lough nan) to give evidence against her husband on a charge of attempting to shoot her. The prisoner's counsel (Mr P. Fitzherbert) raised the objection that the woman was not a compellable witness, being the prisoner's wife by native mode of marriage. The Chief Justice: I must have evidence that she is his wife. It is not sufficient merely to say so. That she is living with him is not sufficient evidence that she is married to him. Mr Fitzherbert: The evidence in the Lower Court was that she was married to him by Mormons. His Honor: That's not according to the native custom. There were no Mormons in the old days of the Maoris. Mr Fitzherbert: She was married previously in the native way, and asterwards by the Mormons. I take it that a Morman marriage is valid. His Honor: Not that I know. No minister of any church can marry without authority. A number of people can join together to get an officer of theirs authorised, but the authority must come from the State. Ho then comes under the State and is bound to obey its rules. Was this Mormon authorised by the State? Mr Fitzherbert: lam not relying on the Mormon marriage. His Honor: Then why did you bring it in? Mr Fitzherbert: The fact that they were married according to the native law is not undone by the ineffectual attempt to go through a European marriage. His Nonor: I must have some evidence of the native marriage. Otherwise she must give evidence. I am not sure that even a native marriage is sufficient in law to exempt her from giving evidence. lam of opinion it has been held otherwise. But at least I must have evidence of the native marriage. It is perfectly plain that Mormon marriage is not sufficient. Mr Fitzherbert: I have no objection to liar giving evidence at all. Mr Loughnan (Crown Prosecutor): I am not very anxious that she should If she is put into the box and refuses to give evidence, that will do. The Chief Justice: Let her go into the box. In the witness box in answer to questions put through the interpreter, Emaraina said "I am married according to Mormon rites. I don't think it's legal." Mr Fitzherbert (laughing): There's more in that than meets the eye. His Honor: Do you wish to give evidence? Emaraina f I refuse to. Unless the Court wishes me to. His Honor: In my opinion if the Crown wishes, it could compel you to give evidence. But apparently the Crown does not wish to do so. I don't know why the Mormons should lead you to believe it is a proper marriage. Unless a marriage is recognised by the Government of the couhtry it is not a marriage, and no church, whatever its name may be, can sanction a legal marriage unless the Government of the State has authorised it. Mr Fitzherbert: I would much sooner she did give evidence. Mr Loughnan and the Chief Justice together: You have nothing to do with it now. The witness then left the box.