1922-05-24 — Page 6

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di

COERCION, OF WIVES.

·COMMITTEE OF INQUIRY.

In the House of Lords recently, Viscount Ullswater asked the Lord Chancellor whether his attention has been called to the judgment of Mr. Justice Darling in the recent case of R. v. Fuel, in which the learned judge held that the melancholy doctrine that a wife can be coerced by her husband into the commission of a crime is still the law of the land whenever husband and wife are jointly indicted for a crime, and that this doctrine is founded on the assumption that a wife will not dare to con tradict her husband; and whether be will introduce a bill to abolish this doctrine, which appears to date from the reigns of King Canute and King Ins, and bring the law into closer accord with the well-known facts of present-day matrimonial life.«

When

الخسارة

He did not wish to refer to the merits of the case. He would only say that in conarence of the point taken by the defendant's advocate Mrs. Peel nover had an opportunity if putting her Although they might congratulate her on her acquittal, it was an aequittal on tachaigal point, and therefore an unsatis- Battery one If they wish to maintain respect for the law it was absolutely neces

be strictly in ac- sary that it should cordance with our customs and habits, of thought, and with the social relations of the times. Whatever the presumption might have been in the old times, there This could be no such presumption now. presumption should be abolished, but there was no necessity to abolish the doctrine of coercion. The wife should be entitled to prove roercion if it existed, and so sectre acquittal, but the presumption of coercion concuted จอ interior 144 | 4 degraded

which

if status,

Dever accept. the present day would The who tendency of modern legislation had been in the other direction, and it was argued in the case of Viscountess Rhonda before Committee of their lordships' House that a weman might become a commander- in-chief, an Archbishop of Canterbury, and Mr. very prolably a Lord Chancellor. Justice Darling had referred to this law as melancholy doctrine," but it was really a cause for mirth. He would recall to their or ships minds a case with which they were fimiliar-that of Mr. Humble Before the magistrate. (laughter.) The magistrate then informed Mr. Buble that in relation to the destruction of the trinkets he was more guilty than his wife, because the Law anpposed his wife usted under his direction" "if the law says that," said Mr. Bumble, "the law is a base," Mr. Bambie alled that in his view the haw must beh bachelor. (Laughter.) Dickens wrote that in 1837. Wint Mr. Bumble thought then they all thought now.

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are all Bumbles' now." (Laughter.) In Scotland this presumption did not exist.

Legislators there had probably Lady Mac AGENTS for Hongkong beth in their minds, and were not likely to suppose that husbands were capable of coercing their wives.

Lord Askwith considered that the Peel case was most unsatisfactroy. The judge could not say Mrs. Peel's husband had coerced her. There was no evidence of it, or of her guilt, but he hul to explain' his attitude by practically assuming that the defendant was guilty, and she was unable to go into the box and deny on cath that she know anything of the alter. His (Lord Askwith's) opinion as to whether she was guilty was the opposite of that of the learned judge, and be, perhayıs, knew more thin the learned judge dil of the

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WOMAN, UNCHANGED."

Lord" Buckmaster said he was utterly unable to agree with Viscount Ullswater's view of life. It was his firm belief that the bulk of women to day acted under the direction of their husbands, and that thet, was ore surely true as they fot This doc down to the poorer ranks. trine of coercion was not introduced into the common law by people who did not know men and women. People were mitch the same now as when it was introduced. We bad not changed. women by enabling them to vote. They were now just want they were before they had oppor tunities for showing their capacities, and men were unchanged too. In bis "view, it slowed inunense sagacity to presume that when a woman committed a crime ie the presense of her busland she had acted under his direction. In the Peel case he bad drawn the conclusion himself from what he had read that Mrs. Peel acted under the direction of her husband, and that, she would never have done the acts clone. | (Heur), hear.)

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The Lord Chancellor said the position in, regard to this doctrine was accurately sum- marised in Stephen's Digest of the Criminal Law, to the effect that if à married woman committed an offence whilst in the presence of her husband she was presumed to have acted under, his coercion, which excusel ber act, but this might be repudiated if the circumstances showed she was not in fact nature was the same now as when this coerced. The doctrine, historically and rule was unde. Personally he was not actually, Was ย Lunited one. The prepared without further consideration to general question was not such an easy commit bins If definitely upon the matter. one as the noble

seemed Nor did he think it would be right to at- to think. There

Lwa tribute so much insportance to the opinion were indeed diverse views. Lord Buckmaster said that expressed by single judge, and founded, haslaids generally had control over their it might be largely on a single case. But wives. Every man had bis own experience he agreed with Viscount Ullswater to this in that matter, and he was not bold enough extent, that not only this case but various to say anything definite, although be did others affecting the status and respon- feel it to be truc,that at any rate in the sibility of women required feconsidera humbler ranks of life there was a very great tion in the light of changes that had taken degree of that kind of control by husbands place, and he proposed, after consultation which our ancestors had in their minds with the Attorney-General, to set up à when the surrounded the woman with this amall but a highly expert. committee, to protection. No doubt the gradual conquest inquire into and report upon the subject of various offices by women bad somewhat as a whole. Without that report he was altered that fundamental. Viscount is not prepared to recommend or to carry out water stated one view, and Lord Buckmaster legislation.

stated another. After all, they could not The Marquis of Aberdeen said a former all. is existing circumstances, marry Chancellor of Scotland, the first Earl of members of Parliament, or doctors, Aberdeen, resigned office rather than carry

even barristers.

To out on Act which proposed to make a the ordinary man life must be less husband responsible for his wife's non- eventual. The noble lord had said human attendance at church. (Laughter.)

* This terminated the discussion (Continued at foot of next coluys,)

'Or

(Laughter.)

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