MASQUERADE CASE AT AUCKLAND

Wanganui Chronicle, Volume 89, Issue 277, 23 November 1945, Page 5

MASQUERADE CASE AT AUCKLAND

SEQUEL TO ASTOUNDING MARRIAGE ACCUSED GET PROBATION (P.A.) Auckland, Nov. 22. An outstanding masquerade, the full story of which was told on September 26, in which a woman lived, worked and played as a man for more than 10 years, had a dramatic sequel in the Police Court this morning when two women, one attired as a man, appeared before Mr. Luxford, S.M., charged with offences under the Marriage Act. The fact that the defendants had gone through a form o.’ marriage before a registrar in July last and had since lived together was stated by Senior-Detective J. Tretheway. Botn defendants pleaded guilty. Mr. Luxford said the case was unique in his experience. He admitted both defendants to probation for a term of three years, and made a condition that each woman should submit herself to psychiatric treatment. In an aside, the magistrate said: “You will need it.”

. It would be a condition of probation that any directions given by the psychiatrist should bo followed. Mr. Luxford also stipulated that the two parties should remain separate and apart. To give them every chance to return to normality the magistrate also made an order that their names be not published. The two defendants were jointly charged with wilfully making, for the purpose of being included in the marriage register book, false statements touching on particulars required to be known under the provisions of the Marriage Act, by falsely stating that the older one was a bachelor, while the younger defendant was charged with making a false declaration for the purpose of obtaining a certificate bv falsely declaring that the older defendant was a bachelor. Both defendants were smartly dressed. The mother of the older defendant stood behind the pair when their names were called. Referring to the older defendant Mr. Trethewey said that with the knowledge and consent of her mother, who was a widow, she had been masquerading as a male fo r tße past 12 years under a name different from her own. REGISTERED AS A MALE

“She actually registered as a male under the National Service Regulations, and it was not until she was called up for medical examination in November, 1940, that it was disclosed to the military authorities that she was a female,” said the prosecutor. “About 18 months ago she became acquainted with the other defendant, who is a single woman. The older defendant was at that lime living with another woman, who was known as Mrs. (giving the name of the older defendant., but in spite of that alleged relationship the younger, defendant became attached to the older defendant, in the belief that she was a man. There was a good deal of jealousy between the older defendant and the alleged wife with the result that the older defendant left the alleged wife and kept company with the younger defendant. “In spite of knowledge that the older defendant was a female, the younger defendant persisted in the idea of marriage, with the result that the older one agreed to this course. The younger woman obtained a form from the Registrar of Marriages, and both defendants filled it in. It was signed by the younger one, who handed it in to the registrar’*' office.” Continuing, Mr. Trethewey said it was necessary for the younger woman to obtain her mother’s consent, and the mother gave consent in the belief that her daughter was marrying a man. Defendants were married ai the office of the registrar. Auckland. Mr. W. King said the facts of the case certainly made it appear to be an affront to public feeling, but it would seem there was a psychological background which could explain the assocation. The fathers of both women died when they were children, the older defendant’s father being killed in the last war. Both defendants had grown up without the influence of a man. “The mother of the older defendant seems to have had an unusual religious outlook in which she believed that for a person to reach perfection he must become bi-sexual. as Adam must have been,” continued-Mr. King. “This must have had some influence on her daughter’s growing up. Quite early in life she showed male tendencies and other girls were attracted to her.”

Mr. King said the older defendant had the mentality of a man and worked alongside men for some years. She kept every position she had as a male. It was principally for economic reasons that she adopted the role of a male. Because the burden of the family struggle was so heavy she desired to protect the family home and the mother.

Dealing with the younger defendant Mr. King said she was a twin, the other being a male. The Court, he said, might find some way of keeping the girls apart. Counsel added that the girls had informed him they intended to give up the relationship. “This case is unique,” said Mr. Luxford. “Although the offence concerns breaches of the Marriage Act it has a most unusual background which raises a very difficult social question. Indecent assaults between males have long been the subject of criminal law, but corresponding offences between females, which I understand are very prevalent, are outside the law. I would suggest the Legislature should give consideration as to whether Indecent assaults by females should bo proscribed.” Mr. Luxford said he proposed to do more than Mr. King expected. “This is the most unique case and the first of its kind I can recollect.” he said. “I propose to ndmit both defendants fo probation for throe years on condition that thev submi themselves to a psychiatrist for examina--I*">n and assistance, and that they remain apart.”