BIGAMY.

Press, Volume LXVI, Issue 20102, 4 December 1930, Page 3

BIGAMY.

SENTENCE SUSPENDED. JUDGE'S STIPULATIONS. \i-r.r,5 a association tjclegkah.j NELSON, December 3. At tho Supreme Court to-day the hearing was concluded of the charge of bigamy against John Charles Rumbles Topp. After two hours' retirement the jury returned a verdict of guilty with a strong recommendation to mercy, and Mr Justice Heed, who presided, ordered accured to come up for sentence i;' called upon within twelve months. Witnesses testified to accused's good character in New Zealand, the police stating he had answered all questions openly and frankly. In summing up, liis Honour said the case was important from the point of view of accused, and also important to tho community. It was important to the community because of the dan ger of people coming from distant countries, and by concealing the fact that they had been previously married, practicaily destroying or injuring tho lives of the young girls of New Zealand. It was an important question from the social point of view, and it was for juries to fix the standard of reasonable care that should be exercised m enquiring as to a former wife s death. . After explaining the law dealing with bigamy, his Honour said the question the jurv would have to determine was whether they considered the letter which accused said he had received from his first wife's sister announcing his wife's death had ever existed. If thev came to the conclusion that tho whole story was a make-up, they would need to go no further. If, however, they considered that the letter possibly existed, then they had to consider whether accused honestly believed ill the truth of the letter on reasonable grounds, and there Game the function of the jury in settling tho standard of care which should be oxorcired. The jury returned with a verdict of guilty, with a strong recommendation for mercy. The foreman stated that the jury was agreed that accused had received a letter from "J.," but that he had not used reasonable care and judgment to prove the death of his first wife on receipt of the letter. On hearing the verdict the wife of accused collapsed and was carried sobbing into an ante-room. Counsel for accused made a plea for leniency. His Honour: I am very glad that the jury have done their duty in this matter' regardless of the nvmpathy which one must feel for the unfortunate second wife. At the same timo it shows that, juries, so far as this place is concerned, are not prepared to allow a man to come and make the simple excuse of having had a letter without making further enquiries, and then going through a form of marriage whilo his wife is alive. His Honour wont on to say that be did not propose to send s'.cjused to gaol or to grant probation, but would or^ e J him to come up for sentence "-called upon. '' My reason for doing this, he said/" is"that I propose to see that you do the right thing by- this young woman, and therefore you will be ordered to come up for sentence any tn.ie within twelve months, on the ing conditions:—On payment of the costs of tho prosecution (£lO Ids), to bo paid in two half-yearly instalments, and that you take immediate steps to obtain a divorce from your first wife, and marry the second. If that is done within twelve months you will hear no more of this matter."