POLICE COURT.

Globe, Volume XXII, Issue 2131, 22 December 1880, Page 3

POLICE COURT.

CHRISTCHURCH. [Before G. L. Lee and R. Westenra, Esqs., J.P.’s.] Larceny. —A. P. Wymond and M. W. Wymond, his aunt, were charged with the larceny of thirty-nine cases of goods, the property of the trustees of the bankrupt estate of T. S. Wymond, Nelson, Mr Stringer appeared for the defendants. On the application of the police, accused were remanded to Nelson ; bail being fixed at each £4OO themselves, and two sureties in £2OO each. Assault. —Wm. Duke was brought up, on warrant, for beating Maria Widgely on the 29th November last. Mr Stringer appeared for the defendant. Prosecutrix stated that she was on a visit to a Mrs Hart when accused came in and began to beat Mrs Hart. Witness interfered, and the assault complained of was then made. Mrs Hart, not being present, was sent for, and on appearing gave evidence which directly contradicted the story of the prosecutrix. The case was dismissed. Indecent Exposuee. —For this offence James Badcliffe was fined £5, or one month’s imprisonment. False Dbclabation before a Bbgistbab. —W. J. Crabtree was brought up on remand, charged with falsely declarating his age in an application for a marriage license before the Registrar at Ashburton. Mr Stringer appeared for the defence. Joseph Ward, the officer in question, deposed that on the 19th April, 1879, prisoner declared in the usual form that he was twenty-one years of age. Mrs Grace Crabtree, mother of accused, deposed that he is now only twenty-one years and one week old. She spoke from memory, but was sure of the correctness of her statement. Until recently she had believed prisoner to be three years older, and she lad led him to think so all along. She had lately found her marriage lines, which had enabled her to fix dates. Wm. Crabtree stated that on the 24th March last, his son being sued for money owing, witness produced at the Resident Magistrate’s Court a certificate baptism, by which the plea of infancy set up by accused was sustained. Witness had since lost the certificate. He bad, before the date named, been under the impression that his son was older than that. He found the certificate in the [course of a search through his papers for other documents. Mr Stringer addressed the Bench, urging that no offence had been committed. The Marriage Act of 1854 requires simply a notice to be given to the Registrar of the ages of parties about to be married. The Act of 1875 repeals that clause, and while requiring a solemn declaration, &c., does not provide a penalty for making it falsely, and it does not lie in the power of the Court to inflict punishment not provided by the Act. And further, supposing that an offence had been committed, the evidence showed that accused had been led into it by the incorrect information given to him by his parents. He therefore could not ‘knowingly and wilfully” have committed the offence. The Bench after consultation was of opinion that there was not sufficient evidence to show that accused bad made the incorrect declaration knowingly, and the case was dismissed.

Peotkotioh Obdeb —Mary Kemp obtained an order protecting her earnings against her husband, on the ground of his habitual drunkenness and cruelty, the mother to have the care of their two children, prisoner being ordered to pay 10s per week towards their support, and restore bedding, clothes, &0., which he had taken away.