A PECULIAR AFFAIR

Hokitika Guardian, 7 August 1925, Page 4

A PECULIAR AFFAIR

DL'XKDIX, Aug. 5

An extraordinary ease occupied the Supreme Court this afternoon, when David Xevin M’Kcchie was charged with, on or about April bill. 192 b. at Abbotsford, indecently assaulting a female. and David Xevin M’Kechie and ftuby Jlititon .M’fveehie were charged that tin occasions in the month of April, 192 b. and one occasion in .May, 192 b, they did conspire one with the other hy false representations to induce the said David Xevin M’Kt'ehiv to commit adultery with the girl. Mr C. •). I/. White, who appeared for the accused, said he desired to raise a point under Section 399 of the Crimes Act before the accused pleaded. Me ashed to move that the conspiracy counts should lie tpiashed on the ground that lmskaml and wife could not he charged with the offence ol conspiracy.

His Honor: The indictment does not show on the face of it that they arc husband and wife. This, however, is not the proper time to raise the quesjion. It can be argued at a later .stage.

Both accused pleaded not guilty. The Crown Prosecutor said (lie girl was nineteen years of age or thereabouts, and consent on her part to any act' of indecent assault or otherwise would he a defence to any such charge. They had, therefore, to ("insider whether or not the girl consented to the act in question. The question whether husband and wife could enter into a conspiracy need not come under their consideration. That was a matter for his Honor to pass judgment on. This matter could lie dealt with after the verdict had been given. Counsel gave details of what had happened. and said that: the wife had denied that .-die bad inllucneed the girl or her husband to commit adultery. She had said that she gave them full liberty to please themselves. r ! lie male accused denied that the intimacy took place with the knowledge of his wile. Counsel detailed further occasions on which intimaev had taken place between the male accused and the girl. The details, he said, wore disgusting in the extreme, and il was dillicuit to conceive of such things occurring. As regarded the ( barges of conspiracy, the Crotvn could place facts before I hem that were facts of common design. The fraudulent representations appeared to have come entirely from the side of the wife. DVXKDIX, Aug. (I. On charges of conspiracy and indolent assault against David and Kuby .McKechie. the jury returned a verdict that the male accused was guilty of indecent assault, and both the male and female accused were guilty of conspiracy, with a very strong recoinmenda.inn to mercy, for the iemale accused. on a: c Hint of her children. IPs Honour: “What about the question of law, Mr Whiter” Mr White: ”1 ask your Honour to reserve that point. 1 put in the marriage eorl ilieate."

His Honour: “The prisoner had better no sentenced on tile tirsi count, and the other question can stand over for appeal.” Speakig on behalf of the male ac-

cused. Mr While said he was ihiiiyfour years of age, and had two young: children. In the circumstances. learned counsel did not ui-ii to say anything in extenuation of the crime. lii:, Honour: On the first count I lie male accused will be sentenced to live years’ imprisonment, with hard 'labour. On the other count, sentence is postponed until a question to be referred to the Court of Appeal is determined. The female prisoner will be released on bail. Surety for bail was fixed in the u ililinal sum of £IP. 11 is Honour said the ease would be referred to the next sitting of the Could of Appeal.