A STRANGE CASE.

Manawatu Herald, Volume XXXIII, Issue 991, 13 May 1911, Page 4

A STRANGE CASE.

MAN MARRIES HIS NIECE

Au unusual case was heard at the Magistrate’s Court, Christchurch, on Wednesday, before Mr T. A. B. Bailey, S.M., when a young man named Frederick Cullen, of Greendale, was charged with making a false declaration before the Registrar of Marriages for the purpose of procuring a registrar’s certificate under the Marriage Act, 1908. Mr Hunt appeared for accused. Sub-Inspector McGrath stated that the charge was brought under section 53 of the Marriage Act. On April 21st, 1910, Cullen and his sister’s daughter, Annie Worsfold, presented themselves at the office of the Registrar of Marriages, Christchurch, for marriage. Cullen made the usual declaration that he believed there was no impediment of kindred or alliance or any other lawful impediment to the marriage. The Registrar issued the certificate, and performed the ceremony. Continuing, Sub-Inspector McGrath said that statute 5 and 6, William IV., C. 54, was in force in the Dominion except in so far as it was affected by our own legislation. This statute enacted that all marriages celebrated between parties within the forbidden degrees of consanguinity or affinity were null and void to all intents

and purposes. These forbidden degrees were set forth in the Book of Common Prayer. Mr Hunt said it was a great pity that the forbidden degrees of affinity were not stated in the Marriage Act, so that people might know what they were.

Sub-Inspector McGrath stated that the whole question was whether accused believed there was no hindrance to his marriage in the fact that the young woman was his niece. Accused admitted he knew she was bis niece, but stated he did not know he could not be legally married to her. Sub-Inspector McGrath submitted that it was for a jury to decide whether a man brought up in a Christian country could be ignorant of the impediment. L. C, Williams, Registrar of Marriages, stated that it was not the practice to give parties to a marriage ceremony any explanation of the prohibited degrees of affinity. He simply read to them the declaration that there was no impediment to the marriage. The prehibited degrees were not posted up in the office, were not stated in the Marriage Act, and were not mentioned in the declaration made by the parties. He (witness) bad been supplied with a list of the prohibited degrees of affinity, but it was not correct now, as it had been altered. Mr Hunt said that now a man could marry the daughter of his wife’s sister. Alfred Brownlee, Woolston, who witnessed the ceremony, gave evidence. Constable John McLeod, of Coalgate, put in a statement signed by accused, in which the latter said that he did not know there was an impediment to his marriage with his niece, Esther Louisa Worsfold, mother of Annie Worsfold, gave evidence as to the relationship of the parties. She stated she was not aware the marriage was within the prohibited degrees. The accused reserved his defence, and was committed to the Supreme Court for trial. Bail was fixed at and a surety of —Evening News,