A LOVE SICK SWAIN.

Poverty Bay Herald, Volume XXXIV, Issue 11121, 8 November 1907, Page 4

A LOVE SICK SWAIN.

CHARGED WITH MAKING A FALSE DECLARATION.

An interesting case was investigated at the Magistrate's Court this morhirig" when a young man named James Gilbert, Watt, a bushman. residing at Waihuka', ; was charged with having on July 2s. knowingly and wilfully ; made a falsS. declaration for the purpose of procuring a Registrar's certificate under, the Mar-' riage Act 1904. The case is undented to be the first one that has been hearjcf in Gisborne. , •- ; ' '.'t' Ml* G.» Stock appeared for accused/ who pleaded not gui|ty. Detective fyUcU dern conducted the prosecution, -Ho called V ■"."■■■■• :'.'■

; Henry Ewart Hill, ■ Kegistrar of - Mar- 1 riages for the District of Gisborne,: Who; deposed that on July. 24 last apcilsMiap-' plied for a marriage license. Witness questioned hiih for the us\ial particulars^ which he supplied; and witness filled^HiA the necessary forms. Witness read the particulars on the document, wHich a& cused signed; He asked accused his ';&gp and. also that 6f the young ladyi wKblKct she' "was 21 years of age. Accused -sMa' she Was. For his own: protection 1 he as^V the; date ..when she attained that ,aie .atfij « he replied, "She was 21 on JuTy^lti ' 19075','. Prior, to giving h.is'answei'/Acf ; cused hesitated a great deal about Zoi:--matter. Witness remarked :"0f .coiiuf^ you ( know if you . swear what , is 'ihco^* rect it is^ perjury t" ! ; Accused repliM "Yes, I suppose if it is wrbng V^fflMp jugged. 0 Withess added : "Tnis; iß^pr niatter, , npt. mine. " " t Witness issued 4% certificate, but did r not -hand, 'iM ttt^w?' ' ciised, as he had -not the nibney to^M^': for, it. He, did not, see accuseds again s until the following. Sunday; .Juiy^\2^ when he came to ihia .. private^ i«siqfei!ic<B and paid him' the fee for. his certiflfcatM £1 2s-; ; 6'd.- soniething'he^iiifelwi witness suspected there was sometnitrgi wrong—that the girl was not 21j-:aiidw| told aocttsed that he had ;: found put otne ypfung lady was under age; :Accus^di|e*3 pressed his sorrow that "the. tWrig^hm happened ' 'and on leaving askediwitn^; ' 'to ?do> his , best ' for Ihsm, ? 'r Wittiess ' plied the law would have to take ijil ; courses . «."■■.;■ ■' ■: :-•■ '•:.• .;'■■)-. ..::r.^\. -s; ;: y J;4;'

. ; By Mr Stopk:. The certificate waßriey#j handed to accused. He thought aclf^tt paid the fee before the r c6riversa^tion^o*li Sunday 'morning relatedvitook^ plape^bpv cause-' he had to account' for each c;corrtificate'.with;^he. v fee. : v^:-:^-^U^--.''li\o^ ■ ; The Magistrate remarked th^t' it <diti not make a; bit of difference whether ceVtificiite was handed to. accused or riioty ■ the certificate was Fissued; that- was vtHe : point. -. ■';-./ ■..-,\:-\.- '..'-'v) ! - :'■ --vjiH^"'' ,; Charles Alexancier, Fraserj carpetiti^ stated that acci^ed was a boarder'at-nft > house from :. about November, 1906; ufi < tilLabbut May last^ Hfe 'Had; a ; daughtfeii named Mary Elizabeth Fraser: ' (tej'ti)fic| dte of : bjrth prpduced). v . She woiild^l 17 on JanUary N 2s,iiext,: Whiie a.bOai^i V at the house accused paid attention? "tfi his daughter. .About the/ begmhuig'Vdf ' July accused stopped him on the:;str]i|t • and ; asked if he » would allow > him .'to marry tli^gifL - Wj[ti)fi^; saU l^e wblUd not • she too ybung,. being only $ . (ihildi Accused i-emarked • he ' wa^ not telling the •'ttuth i^she ! was- bio ; /i'ebildi' ; Witness added d that; he ought/to /kripyf I whether, she a child or; not. l AcqusiM' said- he knew /better., He told accused she. was .npt ;17. Oji July .22' aectiM again asked for his^consent to marry M& daughter;; He again told accused ■ •: sh| was ; too young.; Accused said, /.'I will giv» you :£lo' to let nje ,/miarry Witness replied he would hot ; take- ► Accused sdid^he-had^£4o,, in itheiSW ings :Barik and -hfe . would g{ye hU|i (yiritnesß) luilf ;of( it to let him have, theVgW^ i Witness: answered [he would riot .listen y iq " ,it>r.he. 'would never, give his consent .to ! the marriage, v Accused then declared w ' : 'i w:ould marry h^r in spite.of, , \ warried accused tp be cajetulof^ whati^le wds doing, or the . woitld be. ge.ttWiin^ i trouble. ,Accused j; replied. he^ would iiipfci I ,d6 anything rash* -He-knew; what h^l^ ! ;d6ing.v :'.- : ;.;. . :,^'...;/V. ;^'-.' „•,'. ; „;. ' ■', •-. j,;:^'^ • ;' ■■! 4By -Mr? Stock : His r-eason> for refusing I consent was the girl's youths ' Accuwd ha4 previously dbtai,n6d^ hi» ;\vife.'s! ;ci>iii sent to marry thia.gir.l in-,:ijyft; years' tii3i6 ;— after; she wa^/lßH^W,hwV%;asked?for |i consent accuseds had; beenipaymg attejru '<■] tiona to his 1 daughter, for about vtT*b months. %nd appeared very, fond, of' h'er-» i After ' hd^lef t, the house they 'tried to ; ; .he. fol* lo^d^MS; allvaboufc-the; placed '-J.7 <*','&■ '• ■ HMr :^cl^,|^e%Qou, firstvfnotic«d' ;^ne;^lgjid -it;iiot {.%*s'<& Been betler- to, .have. '■•■»enfe ( accused; away 1 ?. ! ; : -fWell^ don't always^know, Vhat it i ■is r be^t ;r: to doi^;;'V' i': '-'■■•■ '■'M-'-^h+^tip:- ; i • y •' Elizabeth; Fraser^Vwife<.6f last -WijKri^wii: stated that , accused and- her,; 'datig^tiltv Mary used toga for/walksrtoge^Jiifet' ;| and speak .to one .another; in the hb\ißie. H«, was paying.- liejf attentions. v .^Sh e jWOuld Ibe I7,bn January 25 next.- AiMt ; last April accused asked for her consent to his marrying the girl ■ when, 18.^ I T nessr promised to'^ speak to; her husbarld; She told accused that if they were; ; 4i ji fond of ■each other Svhen 19 she would see about her consent then.- i She knew accused was x awar.e of her- daughter's agte; that she was notr.l7, as they^ii often spoken ..about their ages; at;.th6 table,; and he had als^o seen ; tne biifthV i daybook. On July 1 22 l accused<^m6a'la(i asked if she would allow 'him, to^mAri^ Mary straight aw£y. .. Witness declirietl; Accused volunteered to give her £110^ ' allow him to marry the girl and if thftt wpuld not do he wouldgiye' / "vW;i'^' ness said . her daughter was ; not to !be bought with money. :.:' v \i' By Mr Stock : ,'-Acctised,,vin..-a'-'sbr^ ; >bf a way, appeared to be very fond:jo£ithJ girl. .He was; extremely anxious 'to 1 : marry her and she , appeared to bel; Vertf fond of him. ; If accused had; a'cwd straight she would have been prepaid to let, them marry at 18. - ; When acpytfed sj>6ke to her .first she thought ne would make a good husband arid was quite wjll- . ing to give her consent on the girl reach* ing 18. ;. : . ; ...;"■ '■ ■•: '•. .. . ._■'..•■ ;,-- v ;:'. ; . Mary Elizabeth Frazer/ the girl ,?iii question,,^ daughter of .■..the -,last two wit* nesses, stated that about last Christmas she told accused she was just, 16. They were talking about different peopje^s ages and he told her. his. .. . :° . By IMr Stock : She and accused weri engaged and had arranged to be married some day. Accused was very, f.o'n*4 ojf her; She met accused on the street ori^ day afterwards, and he said something about a marriage certificate. She. said she was quite willing provided he obi tained proper consent., ; She told accused she was not having a very happy tim6 at home. ; <■ ,^ ,:■■ This concluded the case for prosecu* tionn. Accused pleaded not guilty, reserving his defence. He was committed to stand his trial at the next sitting of the Supreme Court at Gisborne, bail being allowed in one sum of £40 arid a surety of a like amount. .:.->■