CHILDREN AS LEGAL WITNESSES.

South Canterbury Times, Issue 2644, 10 September 1881, Page 2

CHILDREN AS LEGAL WITNESSES.

During the re-hearing of the Augustus assault case in Oamaru last Wednesday, Sergt.-Major Thompson said that he was about to examine Charles Nelson Augustus, son of the deceased, and asked that he might be placed, during examination, with his back towards his father. Mr O'Meagher (counsel for the accused) objected. If the boy was going to state the truth, he could do so facing his father. His Worship (Mr I. N. Watt) said that the boy, who was only 10 years old, might be afraid if placed opposite his father. There could be no objection, in the interests of justice, to the boy being examined as Mr Thompson wished. Mr O’Meagher thought that if the boy was to be a witness of truth he need have no fear of his father. His Worship ruled in accordance with Sergt.-Major Thompson’s request, and the boy was placed on a chair close under his Worship’s seat. * Sergt.-Major Thompson drew His Worship’s attention to the fact that the witness had not been sworn.

His Worship—-I am not going to swear him. (To witness) —how old are you. Witness—Eleven. His Worship—Do you know what an oath means ? Witness —No. Mr O’Meagher —If the witness does not give evidence on oath, he cannot give evidence at all. His Worship said he had constantly while in Dunedin examined boys in criminal cases, and the evidence must be taken for what it was worth. Ho would examine the boy as to the nature of his belief. His Worship then proceeded to examine the boy Augustus as to his religious training, etc., and elicited the following answers: —That his mother attended the Scotch Church; he did not know what Church his father went to ; he never went to Church himself, but went to the Scotch Sunday School, where he was taught about the Bible and about Christ. He did not know who Jesus Christ was. (Mr O’Meaghcr—So much for Sunday schools. Does your Worship think it necessary to proceed furtherafter that ?) He knew the difference between telling the touth and telling a lie. If he told a lie he would be punished in hell fire. His Worship then told the boy that if ho administered the oath to him he must remember the serious nature of tho oath. Mr O’Meagher thought that the boy should be warned of the position in which his father might be placed. His Worship said that might act either way. He did not see his way to direct him on that point. All he need understand was that he must tell the whole truth, whatever were the consequences. The witness was then sworn.