MARRIAGE WITH A MINOR.

New Zealand Times, Volume XXXIII, Issue 5376, 20 June 1878, Page 3

MARRIAGE WITH A MINOR.

(From tho Geelong correspondent of the Melbourne Argus.) Geelong, May 29.

At the Police Court to-day a caso was heard which excited great interest. A young man named Daniel Daniels was summoned by John Whelan, a farmer, for having unlawfully married Catherine Whelan, his daughter, she being under the age of 21 years, without receiving his consent or that of her guardian. Mr. Finlayson, of Ballarat, instructed by Mr. Hardy, appeared for the complainant, and Mr. Gaunt, instructed by Mr. Price, for the defendant. Charles Bead, deputy-registrar for the celebration of marriages, produced the marriage certificate book, coutaining the register of the marriage of Daniel Daniels aud Catherine Whelan, on the Ist May. Prior to signing Daniels made a declaration to the effect that he knew of no impediment to the marriage with respect to the consent of Catherine's parent or guardian. He would not have celebrated the marriage had he known that either party was under the age of 21 years. Both parties stated that they were of age. No consent from anyone had been presented to him. The witnesses were John Trotter and John Curie. In answer to Mr. Gaunt, the witness stated that he had performed his duties for 20 years. There was no hurry in tho marriage, as three days’ notice had been given. There was no anxiety shown by either party. John Whelan, a farmer, residing at Warrenheip, stated that his daughter was born on the 29 th March, 1859, and had always resided with him On her 19th birthday he gave her a gold watch as a present, and told her almost daily that she was 19 years of age. Daniels had been in his employment as groom, being engaged in July, 1877, at 20s. per week. In October, 1877, he first ascertained that his daughter and Daniels were corresponding, and on the 11th December following he spoke to Daniels, having found the following letter written by the defendant to Catherine :—“My Own Darling Pet.—How I am wishing to get a few words with you. Tell;me, dear, how can we manage? Write to-night Dearest Katie, the short one I received this morning was a great comfort. I cannot express to you in words how dear it was welcome. Never before did I experience love ; bat it is my fate at last, and you, dear Katie, are the only one that can cure me. I was down the paddock for a walk to-day with Bridget and Miss Persal; hut, dear Katie, bow I longed for you to be there. They little . thought what I had on my mind ; it was you, ; dearest. I would like you to go up the mount with B. and P. to-morrow. - You can tell Miss Persal that you would like to show her the mount. ■ I will start from here about 2 o’clock, and will see you all at the mount. Try this, my dear girl. :If I could not speak one word to you, dear, I would like to be in your company. Thousand kisses, dear Katie, from your affeetionate lover, Dan.” He accused the defendant of keeping company with his daughter, stating she was only 18 years of age, and told him he was a low fellow, and his services would not bo longer required. The defendant said young people should be excused ; but he stated that he could not excuse him for asking his daughter to go up Mount Warrenheip with him. He then paid the defendant off, but he continued to reside-with a Mr. D’Arehy, at Warrenheip, and had repeatedly sent letters to his daughter after leaving his service. He had not consented to the marriage. Mr. Finlayson produced a copy of the certificate of the birth of Catherine Whelan, who had been registered as Wheeling. Dr. G. Nicholson, of Ballarat, deposed to knowing Mr. and Mrs. Whelan—the latter before her marriage, and had attended her in her confinement in March, 1859, when the child then bom was, ho believed, Catherine, wife of Daniels, This closed the case for the prosecution. Mr. Gaunt stated that the prosecution was a shameful one towards Daniels, aud that there was no evidence to show that Daniels had any knowledge that Catherine was under age. Tho girl had sworn that she was of age. He asked for the prisoner's discharge. After retiring for ten minutes, the Mayor came into Court aud stated that the prisoner was discharged. There was a large number of spectators in the Court, who gave expression to their feelings by great applause, which had to be suppressed by tho police. The same defendant was then charged with having committed perjury in taking an oath before tho deputy-registrar that Catherine Whelan was 21 years of ago, and that ho did not know of any impediment against her marrage with him. The same counsel appeared for both parties. In answer to Mr. Gaunt, the registrar stated that he read tho usual declaration to Daniels, and he (Daniels) repeated it after him. He then kissed the Bible and signed the declaration. The evidence in the previous ease was agreed as applying to this case. Mr. Gaunt submitted that no oath had been administered, the declaration, being merely signed. The registrar stated that the way he administered the oath was the same as that adopted by all the registrars in the colony, to which Mr. Gaunt rejoined that they were all wrong. The case was dismissed, and the charge of perjury against Catherine Whelan was withdrawn, it being understood that the case would be taken to a higher Court.