A PECULIAR CASE.

Wairarapa Daily Times, Volume XIII, Issue 4137, 13 June 1892, Page 3

A PECULIAR CASE.

Unlawful Detention of a Child.

The Case Dismissed. .jfa PALMES V, BBOWN, On the Court resuming this Monday) morning, the case in which Mrs Brown was charged by Hurry Palmer with the unlawful detention of a child was proceeded with, Harry Palmer, recalled by Mr Skipper, stated that he was a confectioner by trade, but had been out of occupation for about four months' By Mr Bunny: I can get work any time I want it, Minnie Palmer, re-called, stated that she had no authority from her husband to enter into an agreement for the disposal of her child, and she nover intended to do bo. By the Bench :• If the agreemont was read over to me I did not understand it, Ido not think it was, This was tho case for the prosecution.

Mr Bunny urged that a prima facie , case had been made out, but at the Apame time again offered to withdraw ihe proceedings if the defendant would hand oyer the child. Mr Skipper maintained that no jury of twelve sane men would conviot on the evidence beforo tho Court. He would show that the child had been given to Mrs Brown under a distinct agreement, and that Minnie Palmer was fully aware of what she was doing when she signed the agreement. The statement of the latter that Bhe was under the influence of liquor when the agreement was read to her would be proved an utter fabrication. The child, he maintained, had come legally into the possession of Mrs Brown, and the Act was never framed to deal with such cases as this, The morality as well as the legality of the case should be taken into consideration. August Brown, laborer, depoßed that the accused was his wife, He knew Minnie Palmer, having seen her at his house, Bhe had a child with her. Witness' wife took possession of the child and was to receive weekly payments for its maintenance. About a month later M rs Palmer came and asked that the child be adopted, as she could not keep it herself, Witness and his wife cou-, sented to adopt the child and an agreement was drawn up by Mr Skipper by witness' instructions, Mrs Palmer was in a great hurry to ' get the agreement drawn up, and signed it in the presence of witness, his wife, and Mr Skipper, after it had twice been read over to her. She Stated that she was very well pleased with the agreement, Mr Lowes: If you admit the agreement, Mr Bunny, there is no use going on with tho evidence. ; Mr Bunny: But supposing I do notadmitit, whatlhenl ''' Mr Lowes: Well, it will weigh considerably with the decision of the. Court. Mr Bunny: But if the Bench does think the agreement a legal one, which I very muoh doubt, does it bind the informant, Harry Palmer? Mr Lowes; The Bench thinks the defendant is sheltered in keeping the child under section 53 of the Act. Mr Bunny: I submit, sir, that that cannot shelter the defendant. .Mr Lowes: My brother Justice that the Bench call upon Harry Palmer to produce the birth certificate of the child and prove that he is the father. Ido not, however, think that this is necessary. Has Mr Skipper any further questions to ask this witness Mr dkipperi I hava no further questions, Mr Lowes; We do not consider any further evidence necessary. Mr Bunny j Then there is no use of my going further. Mr Lowes: The Bench is now of opinion.,that.,the. .agreement waß signed by' Mrs Palmer and that the informant is not taking proper proceedings for the recovery of the child, Mr Bunny: It would be very hard if my clients were compelled to go to the Supreme Court to recover the child. ■■■■-.' Mr Lowes: In face of the argu« ment which has just taken place, does ( ' Mr Skipper propose to call further '<ftidence? Mr Skipper: I merely wish to show, that the agreemont was signed by Mis Palmer. Mr .Bunny: T would ask your Worships to' carefully read the proviso of.'lhe,Act. The course laid down'for adoptinga child is set forth in the Adoption of Children's Aot, This Act has not been complied with: I submit that section 53 does not applyMr Lowes; The Bonch disagrees, with youitherej Mr Bunny. Mr Bunny; I know.your Worships. I merely desired to call your attention to this fact, August Brown was croBS - examined at some length by Mr Bunny as to the signatures to the agreement, • ' Mr C. P. Skipper deposed to having drawn up an agreement by the instructions of the parties concerned. Minnie Palmer then desoribed herself as a "spinstor." She attached her name to the agreement in the presence of witness, after the nature of the document had been fully explained to her, ~X Mr Bunny: ; Don't you know aB a professional man that tho agreement produced is not worth the paper it is written on,? ; . Mr Skipper: My opinion may bo worth nothing, (Laughter),' 'ifr-;'Bu'nnyV Af" between the parties is this a legal document ? : Mr' Skipper; I will' not' answer that question," Mr Bunny; . But you BhquJd answer the question. You are relying on this agreement for your case. Mr Skipper: I say that the agreement, signed by Minnie Palmer as a single woman, is a perfectly valid one, ,

Mr Lowes: The Bench considers jt is for Mr Bqii'ny' to examipe %t Shipper in "this fasliiDu. }U Skipper; My opinion may have (io weight witbi the Bpnoh, Ido nqf obarge six and eight ponce for ii (laughter). Mr Bunny;/Your opinion must have considerable weight with the £Bencb. They acted.upon it before -J|you had given it." • Mr.Ldw'es':': I; must wMeot I you there, Mr Bunny. The Bench opnjjijefepVtbat the agreement wa^;biiidiji? and expressed an opinion to' that effect on Saturday morning. . .'..-' Mr Bunny; But ray hearing must be very faulty jf Ypur Worships did, pot thenstate they wou}d dismiss the case, • ' : ' : Mrtowesi Has Mr Skipper any forther evidence to call ? Mr Skipper; None, Your Worships, Mr Lowes: The case is dismissed, then, \:,- : i ::.. ■- .;;.. ;// A , ; .: .