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'During the proceedings in the Auckland Police Court last week, a point of considerable interest and importance arose, in a case in which an information uuder the jDe'stitute Persons Relief Ordinance had been laid by a woman against her husband. It was contended for the defence that the case beiug in the nature of criminal-proceedings^ the Ordinance being in the uaiure of a conviction, and it being^ a well-kuown priuciple of English law that a wife's evidence- was inadmissible in a case were a conviction involved, therefore in the present case, the wife's evidence was not admissible. The learned counsel referred to a rem-.uk made by one of the Judges during the trial of Rush for murder, to the effect that, had the prisoner married the principal witness, he would certainly have escaped the gallows, because a wife's evidence could not be received in cases involving a conviction against her husband. In reply, it was contended on behalf of the informant, that cases under the Destitute Persons Relief Ordinance did not come within the scope of the principle alluded to, inasmuch as the duty of the Bench was not simply the infliction of punishment, but the ordering a certain weekly sum to be paid. The Bench, however, admitted the wife's evidence, and ordered the prisoner to pay for the maintenance of his wife and children a weekly sum of £1, from the date of the order. Notice was given of an appeal to the Supreme Court. It appears that the 'Father O'Conner' who is said by the informer Vaughan to have been the chief speaker at a Fenian meeting held ostensibly for the puroose of promoting the building of a church is not a priest at all. The Roman Catholic VicarGeneral of London (the Rev. James O'Neal) writes to say that among the Catholic clergy of London there is only bearing that name and he has for more than four years been confined to his room by palsy, while, had he been in possession of his health and strength, he would have been amojg the first to protest agaiost all seditious practices on the part of Catholics or any subjects of her Majesty.

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https://paperspast.natlib.govt.nz/newspapers/NEM18680309.2.13

Bibliographic details

Nelson Evening Mail, Volume III, Issue 57, 9 March 1868, Page 3

Word Count
363

Untitled Nelson Evening Mail, Volume III, Issue 57, 9 March 1868, Page 3

Untitled Nelson Evening Mail, Volume III, Issue 57, 9 March 1868, Page 3

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