HUSBAND'S MONEY

Dominion, Volume 12, Issue 175, 19 April 1919, Page 7

HUSBAND'S MONEY

WIFE CANNOT "STEAL"- IT. ' An interesting-question as' to whether a wife still living witli-her husband can be convicted of stealing money from him was raised recently before (he-British Court of Criminal Appeal."' Th? Court quashed the conviction and sentence'of twelve months' hard labour passed at Folkestone on a Canadian soldier, Wilbert- Creamer, for receiving stolen money. • It was slated that Mrs. Tidy, the wife of a soldier serving in France, was'convicted of stealing J:P)9n from a box in her house, representing the life savings of her husband. .She and (,'rcamer spent the money in buying a going lo places of ■ amusement, and riding about. Mrs. Tidy's case Was thai it was her own money, and Creamer's case at'the trial was that 'he did not know the money was stolen. The'woman told him it wa's her Own. , Mr. Justice Darling, giving (he"Court's decision, said that by'common law a wifo could not steal (he goods of her husband. In regard to the Married Women's Property Act a judgment of the Court had laid it down that while a husband and wife Were living together there could be no larceny unless it could be proved the" property had been luongfully taken by the wife When about to leave or desert her husband..'There was-no finding of the-jury'that in thfs case the wife took the moiiey when she was.about to elope. As a matter: of' morals, both Creamer and the woman thoroughly deserved impriso'ilment, but, the law being what the Court conceived it/to be, the appeal must be allowed. If the woman desired (o come out and join her husbajid or her paiumour she could apply lo the Home Secretary to release her. .