THE EXTRAORDINARY MARRIAGE CASE.

New Zealand Herald, Volume XXI, Issue 6998, 22 April 1884, Page 5

THE EXTRAORDINARY MARRIAGE CASE.

[BT TSLEGEAPH.—PRESS ASSOCIATION.]

: Wellington , , Monday. At the Magistrate's Court to-day,. Alice Lynch was charged with hiving at Anzkl»nd on the 23rd November, 1881, made a false declaration touchiag.the age and parentage of one Emma Mary ETowell. Mr. Shaw appeared for the prosecution, and Mr. Cntten' for the defence. '. ' The Bench was occupied by justices. Mr. Catten asked that' the information should be dismissed, as it was laid by a person who had no existence—viz., Emma Mary Howell. The woman alluded to was Emma Monckton, and not Emma Howell. After discussion, Mr. Shaw obtained permission to withdraw the information and substitute one laid in the name of Emma Mary Monckton. - Mr. Shaw called John Owen Lord, Registrar of Births, Deaths, -and Marriages, of Auckland, who prodnced a book '. containing the entries of marriages. No. 386, 22nd November, 1881, was a notice of the intended marriage of Charles Henry Monckton, described as a widower, photographer by calling, 36 years of age, previously of Wellington, but then of Auskland, with one Emma Mary Howell, described aa a spinster, 15 years of atje, previously living at Wellington but then at Auckland. The notice was signed, " Chai. H. Monckton." Theuenal declaration followed. The next declaration set forth that Alice Howell being the 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 the 23rd of November. A certificate was granted to Monckton. The Registrar could not lawfully have issued a certificate without the consent of the mother, father, or guardian of the girl. The' docoment was a certificate of the ■ birth, of Emma: Mary Howell, bom at Napier on the 27th September, 1869. 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 this city, living with another sister. Her father was now in a lunatic asylum. Her mother was dead. She was in Auckland for three or four months. On the 23rd of November, 1881, the witness, Monckton, and her sister went to the Registry Office in Auckland. Prisoner told her that she was to get married. She was then twelve 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 previoua day. On the 22nd she was boarding at the convent, and was taken out and told she wae 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 eay who witnessed the marriage. She believed one witness was a messenger simply called in for the purpose. The other wae her sister, the prisoner, who wrote her name as if she were witness's mother. Prisoner also told the Registrar that she was her mother. She further certified that her father wan dead. - . By Mr. Cutten : She had been living with the prisoner since she was a little girl, and had sometimes called her mother. She recollected when she first went to live with Mrs. Lynch. The accused bad clothed and fed her for several years. Monckton told her that if she did not marry him she and her sister wonld 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 producnd signed "Emma Monckton," was written by witness. She remembered the day one of her sisters, a Mrs. Beckwith, was married. She was present at the ceremony, but she did not recollect what was said on the occasion.

By the Bench : When she was taken from the convent »he did not know that she was to be married to Monokton. At this stage Mr. Shaw submitted that he had made out a prima facie ease, and asked that the aoousod might be committed for trial. He had more evidence to call, but did not consider that the depositions should be hardened any further. ' . Mr. Cutten said he thought it was a case in which no jury wonld convict. He wonld not, however, object to the case going for trial. ■ .'

The accused was then committed, bail being allowed, herself in £200 and two, sureties in £100 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 year*, the greater part of that time as his wife. Moncktou 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 Auokland in 1854, and was now 30 years of age. Years ago she had a separation from her hueband. Monckton was appointed her trustee under separation. He was then, about 20 years of age. She came down to Welling, ton from Wanganui, an! 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 for some time afterwards. Witness believed that her sister was now about 27 years of' age, and that 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 yarns 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 [at Courtney Place, came up from" Chrietohurch in the family way, and was married to Beekwith when the latter was drank.' Witness kept him drunk for a fortnight in order that he might not see her eieter's condition.

By Cutten: Monokton wae alwaye of opinion, as far as she knew, that Emma was a ohild which witness had had' before her marriage. Once or twice lie'told witness that he had Heard the girl was her sister, and witness told him not to believe in any yarns of that sort. When ehe put the girl into 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 Beokwith, deposed that Monokton first lived with her sister Alice at Wanganui, the girl Emma being with them. Witness was in the house 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 her since she wa3 a child. Emma was now about fourteen years and six months old. By Mr. Cutten: All this occurred about six or seven years' ago. Witness went to Wanganni at tbat time to get married. She declined to say whether she- had a child shortly afterwards. She wae now separated from her husband, and was acting as Lovell's housekeeper. Before getting married, and after coming from Christchurch, she resided with her aiater in Wanganui for about a month.

By Mr. Shaw: Accused knew for years past that the witness, Alice Lynch, and Emma, were three aisters. Witness's mother died tea years ago. Mr. Cutten contended that a prima facie case had not been made out. Anyone could see that the girl was more than fifteen years of age, and no evidence bad been brought to prove that at the time the declaration was caade the prisoner was aware the girl was under fifteen, and that ehe was not Alice Jjynch's siater.. The Bench thought the case one for the Supreme Court to decide, and the prisoner was committed for trial ;■• bail at £100 for the accused, and two sureties of' £50 eaoh.