People v. Ratz

Heeshaw, J. The defendant was convicted of the crime of rape, in having had carnal intercourse with a female child under the age of fourteen years, and not his wife. The intercourse was admitted. The age of the child was a question in dispute. It was conceded that the intercourse was not had through force or violence, so that if, at the time thereof, the child was over the age of fourteen years, the crime of rape was not committed.

The child herself testified to her age, as well as to the date of the intercourse. Her evidence went to show that, at the time when Ratz carnally knew her, she was under the age of fourteen. The evidence of the child was admissible. A person’s age may be proved by his own testimony, and the fact that knowledge of that age is derived from statements of the parents, or from family reputation, does not render it inadmissible. (Hill v. Eldridge, 126 Mass. 234; Cherry v. State, 68 Ala. 29; Bain v. State, 61 Ala. 75; Roscoe’s Criminal Evi[134]dence, [272].) The testimony of the mother of the child also went to prove the fact that, at the date in question, she was under the age of fourteen.

The mother, when on the witness stand, was shown a book, and testified that it was hers, and that it was her family Bible; that it contained the record of her family-This book contained, amongst other entries, the name of the child and the date of her birth. The mother testified that it was correct. Objection was made to the introduction of the record, by defendant, upon the ground that it appeared that the record was in English; that the mother did not know how to read or write English, and could not tell whether or not the record was correct.

The admissibility of the book did not depend upon proof of handwriting or authorship of the entries. It depended upon proof of the fact that it was the family Bible, which evidence was afforded by the testimony of the mother. As is well said in Hubbard v. Lees, L. R. 1 Ex. 255: “ To require evidence of the handwriting or authorship of the entries [in a family Bible] is to mistake the distinctive character of the evidence, for it derives its weight, not from the fact that the entries are made by any particular person, but that, being in that place, they are to be taken as assented to by those in whose custody the book has been.”