ALLEGED FALSE DECLARATION

Otago Witness, Issue 2894, 25 August 1909, Page 40

ALLEGED FALSE DECLARATION

CHARGES AGAINST A YOUNG MARRIED COUPLE.

f ♦ air H. Y. Widdowson, S.M., presided f,fcver the City Police Court on the 11th, when ?\Jabn Hussey was charged that, on July NlO, he did knowingly aud wilfully make a flklse declaration, stating that his proposed Nbride- was 21 years of age, for the purpose iioi procuring a registrar's certificate under [.fr'The Marriage Act, 1908," from tire i-feegißtrrar of Marriages at Port Chalmers. — "9S.T B. S. Irwin appeared for defendant. fienry Maxwell, Registrar of Births. SXeathe, and Marriages, Dunedin, said he jremembered the accused coming into his : joffioe on July 10, aloi>K with Rachael Ifiartha Purvis and a Mrs Jordan. Accused r (granted to get a marriage certificate, 6ay- [, ing that the marriage ceremony was to te celebrated in Mrs Jordan's house, in - Arthur street, Dunedin. Hussey gave his ' iffe «a 24 years and the girl's as 21 years. ["fffie girl was present when these particulars given. Hussey ptve the residence of thotix « being Dunedin. Hueaey aleo said

! that he was born in Dunedin. After obtaining these particulars witness told Hussey that the fees were £1 2$ 6d, and Hussey promised to call again on the Monday, as he had no money. The promise was not kept. On July 16 Hussey called at the registrar's office again, and was accompanied by Miss Purvis. Huseey said he was prepared to pay the fees, and wished to be- married in the office. Witness told him that he could not marry them, because' the girl was under 21 years of age. Witness advised th.& girl to got her father's consent, and told them that Miss Purvis's married sister, Mrs Eustace, had informed him that the girl's parents objected to the marriage, because she was under 21 years of age. They then left the office, and witness cancelled the entry in the marriage notice book. George Wallow-ay Chisholm, Reg-ietrar of Births, Deaths, and Marriages, Port Chalmers, said that Hussey came to hie office on July 17, accompnied by Rachel Martha Purvis and Mrs Ca6«y. Accused said he wanted to be married. Particulars were given in the usual manner. Hussey had stated to witness that he had resided four years in Dunedro, and was residing in Port Chalmers, where he had stayed two weeks; that the proposed bride was 21 years of age; that her preeent residence was. Lower Harbour, Port Chalmers, where she! had been residing for a month. All the particulars were entered in the marriage notice -book, and signed by Hussey, who also made a solemn declaration as to .the particulars being true. Accused had never mentioned to witness anything about having seen Mr Maxwell. On the 1 strength of Hussey's particulars witness . issued a certificate, and married them in ' the. Port Chalmers office that day.

To Mr Irwin : The declaration at the foot of the marriage notice book stated that the several particulars were true to the best of Hussey '« knowladge and belief. Ise'bella Jane Purvis said that defendant's wife was her daughter, whose birth was registered at Ophir. The certificate of birth (produced) was that of the birth of witness's daughter, now Rachael Martha Hussey. The certificate showed that the girl was born on January 20, 1889, at Ida Valley. Witness said that her daughter had been away from home for about three years. Her husband did not write to the girl, but she (witness) did. Witness (to Mr Irwin) said that she really thought her daughter was 21 years of age. She had never got a chance to object to the marr"llrr"llr Irwin pointed out that the charge was " wilfully and knowingly " making a false declaration. The position of the parties at the time of the marriage was a difficult one. Defendant held himself bound to marry Miss Purvis on account of certain circumstances which had arisen. At the registrar's office defendant said the girl told him she was 21 j'ears of age. Therefore ro the liest of his knowledge and belief he made the declaration in the best of faith. It would be ridiculous to send the case for trial.

His Worship said that to his mind the point of the whole case hinged on Mr MaxwelFs evidence that he told them specifically that the girl was under 21 years of .age, and could not marry them. John Hussoy, in the course of evidence, eaid that his intended" wife told him ehe .was 21 years of aere<> He believed he was -telling the truth when he declared that she was 21. Witness (to Sub-inspector Phair) said he had wanted to get married lawfully. They went to Port Chalmers simply because Mr Maxwell had refused to marry them. He was residing in Dunedin when he went to the Port Chalmers registrar. His 6ole object in going to Port Chalmers was to get married. Witness said he had not heard half of what Mr Maxwell had said in the office, because there were people running down the stairs.

Rachel Martha Hussey etared that it was quite true that she told defendant she was 21 years of age. Indeed, she hat! previously, believed so herself.

The charge was dismissed on the grounds, as Mr Irwin contended, that defendant had reasonable cause to believe his wife to be 21 years of a?e. The couple were thon each charged <hat at Port Chalmers ihoy wilfully made a false statement— to wit. 'that Rachel Maitha Hussey was then 21 years of a?e,— tho inform Jtion b?ingr for in=ertioii in tho marriage register. Mr Irwin" contended that the alleged false information was supplied for tho purpose of obtaining a marriage certificate, and not for ontry in the marriage reir-ster' His Worship agreed with this, and the police withdrew the charges

Talking about tho different spirit with which people hundreds of years ago undertook fjbe buiWing of cathedrals compared with that of the present day, Bishop Julius sa,d he feared the next generation would SLbJ"?^ ' koly *° bulld a t-ramway shelter than a cathedral." tl£ h€ M j^' or , of Palmer B ton North states affUS U^ TAI1 > T - KIXG ASTHMA POWDER affords uumediate and refreshing relief