Breach of Marriage Act.

Thames Star, Volume XI, Issue 3469, 6 February 1880, Page 2

Breach of Marriage Act.

[ Waiter Rateliffe, or Hunter, was charged with making a false declaration before the Registrar of Marriages for the purpose of obtaining a marriage certificate. Mr Miller for plaintiff and Mr Brassey for defendant. A. De C. Potterton, sworn, deposed—l am Registrar of Births, Marriages, and Deaths. I hare the marriage notice book for Thames district. The defendant called on me on January 26th last for a certificate of marriage. 1 told him that any statement he made to me the law would hold him responsible for. I then proceeded to fill up the notice marked A. -I asked him the age of the girl, and he replied " full." I then asked him if she was of the fall age of 21 years, as if she was not he would have to obtain the consent of her legal guardian. He replied she was 21 years old. I then completed the filling up of the notice,*and of the declaration marked B. I read over the heading of both to him, and he signed them in my presence. The certificate of marriage was issued immediately afterwards. The certificate was addressed at accused's request to the Rey. S. J. Neili. If the accused had not made this declaration I would not have issued the certificate. . By Mr Brassey— A ccuse'd first mentioned the word "full." He did not say "I'm told she is 21 years old." A Mrs Cane called on him subsequently, and appeared exasperated at accused having married her daughter, and bowed vengence against him. She said she would prosecute him for making a false declaration. Mary Anne Cane, sworn, deposed—l am the wife of Joseph Cane. My former husband's name was Garreigbty, I have a daughter called Sarah Jane Garreigbty. She is between 17 and 18 years of age. I can swear she was not more than 18. She was born on the 24th. May 1862. InJuly last accused tapped me on the shoulder while I was at Mrs Brownlow's and said "a word with you/ I asked him who ho was. He said " Walter Hunter," and asked me to consent to his marriage with her daughter. I told him she was too young, as she was Only 17, and had always beeu delicate. I said I'd consider it over and see what her father said about it. In November last I went down to Brownlow's and waited for accused. I told him that I would never give my consent to her marrying him. When she was 21 she could do as she liked. Anyone could tell from my

daughter's appearance that she was not 21.

By Mr Brassey-~I was lawfully married to defendant's father in Howick. My daughter was born there. She has a girlish appearance. I am married to Cane. I have no dislike to accused. After he married the girl 1 saw him in Auckland, and struck him because he

would not tell me wtiere she was, My

daughter has been living with Mrs Brownlow for 12 months. I knew Cane would not agree'to the marriage. The girl did not leave my house in consequence of liberties taken with her by Oane. I always received the girl's wages, and I bought her things. I never told anyone Sarah was. 21, nor did I ever hear the girl say she was 21. Since the marriage I have said I would have it in for ancused if 1 could. I swear the girl has no occasion to be afraid of me or my husband. In .the' conversation with, my daughter in November no one was present but the two of us, this is unless Mrs Brownlow was listening. If it had not been for her Sarah would not have been married. I then forbade my daughter to walk with accused. My daughter never told* me that she told Hunter that she was 21. By Mr Miller—Her eldest child was a boy; he was aged ( 19 last September. I think the minister registered the birth of the child. The case Vas then adjourned till two o'clock. .. On resuming— Jane Goard, sworn, deposed—l am the wife of Jas. Goard. I remember the baptism of Sarah Jane. She wasborn in 1862. I was her godmother. Mrs Cane was about' 88-jearsLold... -— ~r— Accused was then committed for trial, himself in £50, and two other sureties of £25 each.

The case Eadcliffe v. Cane, (not Brownlow v. Cane), larceny of plaintiff's wife's boxes was adjourned till to-morrow.