UNUSUAL CHARGE

Hokitika Guardian, 27 May 1932, Page 2

UNUSUAL CHARGE

A FALSE DECLARATION. NEW PLYMOUTH, -May 2f>. A ease with unusual features came before Mr Justice Reed int-he Supreme Court. Francis Michael Landers, ot Kaupokonui, was charged with making a false declaration under the Marriage Act, for the purpose of enabling him to marry a girl of fifteen years without the consent of her parents. He was married in the registrar s office and subsequently was remarried in tke Roman Catholic ( lunch, tlm ~eium! marriage' bring with ti e consent ol Lie girl’s parents. Landers pleaded guilty to the charge of making a false declaration, but j other charges Imtl arisen out ’T th y circnnisi 'uees. which involved a I leva- | t j; 111: cf carnal knowledge u ' L the. girl, or altei natively of iadeiendy as-J saiiiling her. To these lie pleaded not j guilty. Tlie charge ol alleged <arn:l knowledge Imd Itch rejeUec b\ tiny Justices at the hearing in the Lower ( Court, and the accused w..,s eoiumii- j led on the charge relating In a lalse j declaration. The rejected charge liad. j however, hern reinstated, ami a f’llfbh- j er alternative chaimc added, and these j mattlers were the -t of ’ mnine..i . uin! cii ji|)| Mention by counsel. liefuio the jury was empanelled, i counsel said, the Urnniev-Hciierid Imd j interested Id.itself in the matter, and , ol bis tlii'i t ion or with .his consent | the reject "(I charge had been r. in-.tul ei| and ibe ol her charge added. I lc | submitted that as the charge in the

■ indictment was not grounded on anything in the sworn depositions, tho counts ought to be quashed. J Jlir Honour said lie could not quash it at the moment, but if, when the evidence was heard, it could he shown to he inndmissable. lie could withdraw the matter from the jury or direct them to find a verdict for accused. The trial then proceeded on the charges relating to carnal knowledge or indecent assault, a plea ol guilty being taken on the third count relating to a charge.of making afa he declaration. Subsequently, the accused asked and was granted lean’ to amend big plea to cite of guilty to the charge of carmil knowledge. Ilis Honour said he I bought, the accused was well-advised to plead guilty, us on his own statement and that ol his wife lie thought the jury wind ! 'have to convict, him. !e was true I hat he had done everything posi-ible le remedy I lie oll'tuice, but ibe laet ol manying the pir.l in si eh i ir. umslam •■ s did mi witm cut the cryyvil o!.\ nee. He therefore nro; -uy d to deal !-<>;eul !v v iHi the prisonc". ami he order him to come up lor s. r.’.ence if o.i within 12 months, and to pay !:2U inwards the cost ol the proseeution.