JUDGE DEFIED

Otago Daily Times, Issue 22720, 5 November 1935, Page 18

JUDGE DEFIED

SISTERS IN COURT Two sisters, aged 18 and 15, who were to be the chief witnesses for the prosecution against their father at the Old Bailey recently, refused to go into the witness box and give evidence. The man in the dock was John Stevens, 41, a Surrey farm labourer, who was charged with offences against his two daughters. Mr Christmas Humphreys, prosecuting, after outlining the case, called the elder daughter. The girl walked into court, and just below the witness box exclaimed in a loud voice: ''l am not going into the witness box. I do not wish to give evidence against my father.” She was again asked to go into the box, and then said: “No, I make no charge against my father. I was in hospital and the police sergeant came to me. I did not go to him. If I wanted to make a charge I should have gone to the police.” The girl was told to sit down in court, and the second daughter was called. On being invited to go into the witness box, she also said: “I am not going into the box.” Mr Justice Porter held a consultation with the clerk of the court, and then remarked: “Witnesses are bound ovei to attend, and I shall consider whether I send these two girls to prison for refusing to give evidence.” The two sisters were told to remain in court. His Lordship ordered the jury to be discharged and to return later in the afternoon. The two girls were again brought into court in the afternoon, and Mr Justice Porter said: “ Are you prepared to go into the witness box or not?” “No, sir,” they both replied. The judge: Very well. (To Mr Humphreys): Are you offering any evidence against the man? Mr Humphreys: In the circumstances, no, my Lord. His Lordship directed the jury to return a verdict of not guilty, and Stevens was discharged. Addressing the two daughters, the judge said: “I have you two girls in custody, and you are guilty of contempt of court. I do not propose that this court should be treated witli contempt. I can send both of you to prison. The elder girl will be fined £5 and kept in prison until she has paid it. “As to the younger girl, she being under 17, I propose dealing with her by recommending that the police take her to a remand home to enable it to be considered whether she cannot l>e dealt with at a petty sessional court as being subject *to immoral influences.”