SUPREME COURT

Taranaki Herald, Volume LXV, Issue 145999, 4 December 1917, Page 7

SUPREME COURT

QUARTERLY SESSION OPENED. The quarterly sessions of the Supremo Court at .New Plymouth was opened this morning, his Honour Mi". Justice Edwards presiding. Tho following comprised the Grand Jury:—F. IV. Atkinson, H. V. S, Griffiths, A. Alexander, R. Gribbon, H. J. S. Brookman, J. Hayden, E. Nops, C. H. Burgess, G. G. Grover, E. May, R. A. Morton, J. S. Connctt, C. S. Rennoll, H. Daily, R. O. Ellis, IV. B. Fussell, A. B. Gibson, W. T. Hookham, D. J. Hughes, F. Watson, E. Whittle, G. box, A. McHardy. Mr. Burgess was chosen foreman. His Honour, in his ' charge to the grand jury, said they would have under their consideration quite an unusual number of bills for New Plymouth, but ho did not think any of them would gno the jury much trouble. As il.ey km-w, their duty was not to try the cases, tut to ascertain whether there was suffie'eiit ground to justify them in putting lie prisoners oil their trial in the open court. The charges for the most part were not of a serious character, ihe only one likely to give them any trouble was a curious charge of false pretences against a woman who was the v.ife of a constable. However, he felt they would have no difficulty in deciding that it «> a. case which should bo threshed out in the open court. . . Tho Grand Jury returned true bills in all the oases, as follows: W. Sutton—Charge, of making a false declaration for tho purpose of procuring a certificate of marriage. F. T. Poulton.—■Charge, of breaking and entering railway station and stealing therefrom. F. T. Poulton.—Charge of breaking and entering a dwelling-house and stealing therefrom. Tama Kawau Rourangi.—Charge oi nicest, ' F. A. Bridgcman.—Charge of theft. Mercia Naughton.—Charge of obtaining money by false pretences. His Honour, in thanking the grand jurors for their services to their Xing and country, said: —“You know I do think your services are of value to tho country though some people have a contrary opinion.”

ALLEGED FALSE DECLARATION

Edward William Stockman was charged with having made a false declaration at Opunakc on May 22, 11)17, for the purpose of procuring a certificate of marriage. (The case had been adjourned from last session.) Mr. H. R Billing prosecuted for the Crown, and Mr. J. H. Quilliam appeared for the defence. Tho following jury was empanelled : Wm. Coombcs, J. T. Heal, F .0. Smith, Cbas. Haskell, Noble W. Hill, Thos ; Softon, Joseph Ramsbottom, II Purdie. C. H. Sampson, D. Murphy, T. A. Hook, F. W. G. -McLeod. Mr. McLeod was chosen foreman.

The Crown prosecutor said tho facts wore fortunately very simple and the jury would have no difficulty in following them. Miss Paul, to whom Stockman was married, was under 21 years of age, and they wore married at Opunake because, the girl’s parents, who lived at Bell Block, would not give their consent to the marriage. The charge arose from tho false statement made by Stockman to the registrar at Opunaxo that the girl’s ago was 21. It was for the jury to decide first, whether accused made that statement; secondly, whether he made it wilfully and knew it to he false; and if they found ho did make the statement wilfully and Knew it to bo false, then it followed that tho accused was guilty of making a false declaration for tho purpose of procuring a certificate of marriage. Wm. Richard Thompson, registrar of births, marriages and deaths at Opunake, gave formal evidence as to the statement, which he swore was made to him on May 22, by Stockman, whoso father was also present. Cross-examined by Mr. Quilliam. witness said ho specially questioned tho girl about her age and pointed out that a penalty was provided if any false statements were made, but could not say positively whether it was before or after the declaration was signed. It was prior to tho marriage. When he read tho declaration ho did not read out tho particulars (including the girl’s ago).

His Honour asked if witness did not become suspicious when bo found that the prospective bridegroom had come from Tikorangi and the girl from Bell Block.

Mr. Thompson replied that lie certainly was suspicious, because they had come so far, but he thought it must bo all right because the. bridegroom’s father, who lived in Opunako, was present the whole time. The Judge; Hasn’t tho father committed some sort of offence? There is no doubt about it, persons ought not to. be allowed to make false dcclaratiuns to enable girls under ago to bo married.

Mr. Quilliam said lie thought bis Honou; would find that a satisfactory explanation of tho father's part would bo given—and of the accused, too, though it might not appear so at present.

Thos. Paul, farmer, of Lo.pperton, produced the birth certificate of his daughter, Myra Constance Paul, who was: born on March 17, 11)00. He was not applied to for his consent to tho marriage, and if he had been he would have objected strongly. Jessie Catherine Paul, wife of the previous witness, also gave evidence. She did not know of the marriage until July, two months after it had taken place. This was all tho evidence for the prosecution. CASE FOR THE DEFENCE. Mr. Quilliam isaid ho thought ho would bo able to show that tho evidence of the registrar, Mr. Thompson, was at fault on some very material points. Accused, in evidence, said he and his wife had been employed as milkers by Mr. Tyroll since the beginning of the season, and he had furnished, at his own expense, tho house in which they wore living. He did not see the registrar until 2 o’clock on May 22. The first thing the registrar did was to read a declaration, which witness signed. No mention was made of the girhs ago until after the declaration was signed. The registrar then asked what her age was, and the girl replied that it was

31. Mr. Billing subjected the accused to a brisk cross-examination.

Did you understand that what you were doing was wrong?—l thought there was no harm in it, as a lot of girls get married when they are under 21, and that it would be all right so long as I was 21. Didn’t you and Miss Paul discuss the question of her agr beforehand? —iNo, 1 am pretty certain we didn’t. How was it you arranged that the marriage should take place at Opunake? Miss Paul asked where we would £et married* and X-iaid. Pjymaliej

Did you give any reason?—No, I never told her. His Honour: You got the girl from, her aunt’s and she went back there. Why?—l had no place ready for her. Site was known afterwards as Miss Paul?—l don’t know whether she was or not. You had arranged to conceal the marriage?—Yes. I see. Why didn’t you ask Mr. Paid for his consent?—l thought it wasn t necessary. Oh, did you. And if her ago had been 14 you wouldn’t have cared cither, I suppose. That is what you ask tho jury to believe. If you had gone to Waitara the registrar would have known you were telling a lie?1 don’t know. Accused added that he went down to Opunako with tho girl in a motor-car. WITNESS SEVERELY WARNED. Geo. Stockman, farmer, of Opunake, said lie was at AVaitara on tile Monday ami tne following morning ho to tbe registrar's oliice at Opunake. Tho registrar asked him Miss Paul’s ago aim lie replied tliat ho didn’t know. Mr. Thompson told him to leave it ull 2 o’clock and to bring tho young couple along and they would fix mo marriage up. When they wont again in the afternoon his sou Fred and bis daughter Louise were also present. Tho first thing done’ was the reading of a declaration by tho registrar, and it was signed by accused. Shortly afterwards Air. Thompson asked the girl what her ago was, and she answered ill. He warned her that she was under a big penalty if she was not 21. Up till then no mention had been made of tho girl’s ago. To Air. Billing; He did not know Aliss Paul’s ago, nor was ho able to tell the registrar her full name. Air. Hilling elicited from the witness that ho was not cognisant of several other particulars set down in tho declaration. Counsel pointed out that witness’ son, tho accused, had sworn on oath that the first time ho saw tho declaration was when it was handed to him to sign. How, then, could tho registrar nave obtained the particulars ? His Honour warned witness that he must be very careful what he said. Stockman; It’s God truth, your Honour. His Honour later said; Toll not what yon are pleased to call God s truth but the King's truth juid something which wo know is a fact. Continuing, he impressed upon witness that lie was placed in a very serious position and if tho discrepancies could not bo explained more would bo heard of the matter. The position was that both witness and his son disclaimed the responsibility of giving tho particuhus to the registrar. How else could ho have got them? Tho sou asserted he did not sec the declaration till it was placed before him to sign, and tho father admitted* that he was not aware of the particulars which were included in tho declaration. Witness said ho thought his son must have made a mistake. His Honour asked a number of questions, and said he hoped that some responsible officer would lake up tho matter with the view of pressing it further. . io- f The court adjourned at I.Jo tor lunch.

THIS AF TERNOON’S HEARING. Air. Quilliam submitted that there was ample evidence before them on -which tho jury were entitled to come to the conclusion that an honest mistake had been made. 'The accused was a young half-caste Alaori. illiterate, and most likely, when ho was about to be married, and as ho said, felt very nervous, lie did not understand tho full meaning of tho document read out to 'film. Accused said, in the witnoss*mx, tliat as lie knew nothing about the procedure to ho followed lie left it to his father to fix up the particulars. Who made the statement as to the girl’s ago did not matter in tho present case, so long as it was not tho accused. Air. Billing, in the course of his address, remarked on the unsatisfactory way in which the accused and his father had given their evidence. His Honour said there was no doubt it was a very important ease. Tho declaration signed by tho accused meant nothing without tho particulars. If the story of the father and son was true, whore could tho registrar have got the particulars from? If they believed the accused and his father, then they could not believe the registrar, who was a Government official, and witli him tho documents which were the strongest possible evidence. It was for the jury to determine, and when they retired they had better take the documents with them. The jury retired a-t 2.30.