SUPREME COURT.

Globe, Volume III, Issue 256, 7 April 1875, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Wednesday, April 7. [Before Mr Justice Williams.] The Court reopened at 10 a.m. BIGAMY. James Walker was indicted for having on 21st September, 1871, at Christchurch, married one Catherine Lee, having at the time a wife still alive. The prisoner, who was undefended by Counsel, pleaded “Not Guilty.” Mr Duncan prosecuted on behalf of the Crown. Mr J. L, Wilson was chosen foreman of the jury. The case for the Crown isthus summarised. The prisoner on the 17th February, 1864, was married to one Agnes Houston, or Howliston, at Ellenslee, in the colony of New Zealand, and lived with her for several years as his wife. In 1871 he came to Christchurch, and on 21st September of that year he was married to one Catherine Lee, having full knowledge that his wife was still alive. The following is a summary of the evidence :—Wm. (Moffat deposed that prisoner was married in his house at Ellenslee to Agnes Houston by the Rev James Kirkland, Presbyterian minister in February, 1864. They lived together as man and wife until 1871. Witness saw Mrs Walker alive on Thursday last. [Certified copy of register of marriage produced, also the Gazette notice that Mr Kirkland was duly authorised to solemnise marriages.] Henry Jacobs, Dean of Christchurch, proved the marriage of one J. L. Walker and Catherine Lee on 21st September, 1871; the marriage was solemnized by witness ; could not identify prisoner; the register produced is that of St Michael’s Church, and was kept by witness when incumbent of that parish. Catherine Lee proved her marriage with prisoner, who deserted her two months after marriage. Susannah Cradock deposed that she was present at prisoner’s marriage with Catherine Lee.

The prisoner addressed [the jury, but in reality made no defence, as his statement was simply to the effect that his first wife ought to have been produced in Court, in order to have sworn that she was married to him; also to prove that she was still alive.

His Honor having summed up, The jury, without retiring, found the prisoner “ Guilty,”, and he was remanded for sentence till to-morrow morning. ASSAULT WITH INTENT. William Mcßride was indicted for having, on 12th February, 1875, assaulted one Elizabeth Adams, with intent to commit a rape. In a second count prisoner was indicted for an indecent assault. The prisoner, who was defended by Mr Joynt, pleaded “Hot guilty,” Mr Duncan prosecuted on behalf of the Crown. Mr Deßurgh was chosen foreman of the jury. The particulars of this case are unfit for publication. The jury retired and on returning to Court found the prisoner “ Guilty” on both counts. His Honor defend passing sentence in this case until the next morning. BIGAMY. Eliza Ann Ward was indicted under the name of Eliza Ann Wooding, for having on 27th April, married one James Flynn, her former husband, Benjamin Ward, being then alive she having been married to Ward, 24th May, 1861. The prisoner, for whom Mr Joynt appeared to defend., pleaded Not Guilty.” Mr Duncan prosecuted on behalf of the Crown. Mr 0. Young was chosen foreman of the jury. The facts of the case were as follows:—On the 24th May, 1861, the prisoner was married to Benjamin Ward, and continued to reside with him for some years, and had gone to Wellington to reside, the prisoner accompanying him. Ultimately she returned to Christchurch, where on the 27th April she married one James Flynn. The first marriage was proved by the evidence of Mr Burrell Parkerson, Registrar of Births, Deaths, and Marriages, who produced the Registrar’s certificate of the marriage of Benjamin Ward and Eliza Ann Wooding and Thomas Wadsworth, who was present at the marriage in the Registrar’s office. The Crown Prosecutor put in the Gazette containing Dr Barker’s appointment as Registrar of Births, Deaths, and Marriages for the Christchurch District. The second marriage was proved by the Rev Charles Fraser, who married Eliza Ann Ward and James Flynn on 27th April, 1869, by James Flynn, the second husband, and Celia McGregor, one of the witnesses of the marriage. [Left sitting.]