A FORMAL VERDICT.

Hokitika Guardian, 6 February 1925, Page 2

A FORMAL VERDICT.

At'CKI.AXI), I'Vlii-.ir.ry I it was recently set down iit -• li I'-i’M lish Court nl Appeal case tliat c-re a man may marry lor a second time, he must have proof in lact timt he is I• -e t do so. This decisi m was mv.i .e lin a case at tlie Sup, - ' le 1 ouit. Cooney> was chare,ed with bigamy aid having made a false statement to tie Ifegistrar of .Marriages. The facts were not disputed. lie married in lb'OL. On a cross-pet:t on in 11121. accused’s wife obtained a do- \ cree nisi. It was not made absolute till December 11)22. but on th iol er 10th. 1022, accused went through a form, of marriage witli another woman. Accused’s defence was th.lt he thought the decree absolute had le.n granted prior to the second ma-nage. although lie had not been intermed about the date. Three months prior to tlie marriage he had instructed his then solicitor to complete the divoiee proceedings, and lie had made a him] payment a month before the marn ige. The facts lie. suave the Jtogistm- veto true so far as lie knew. ’A hen recused said he was a haem.or he thought he was right because lie ‘‘had lived as a bachelor for years.On learning that the marriage .vas ire. gular, accused immediately remedvd it by going through a form o! mairiago a second time alter the deeiec absolute had been made. Mr Justice llerdman put i ip'vy m the jury as to whether in tliei opinion accused at tlie time olthe second marring had reasonable grounds to believe that he was free to marry again, and whether he had acted m good faith.. At the same time, said his Honour, in view of an Knglish decision he could only hold that this would not he a legal ground on which to lely. and a case would have to he made out for the New Zealand Court of Appeal. The jurv answered the judge s question in the afli’rniative and returned a verdict of not guilty to the false statements charge. In accordance with the judge’s direction, however, a tormal verdict of guilty was returned on the .Inghm.V charge. l.The jury added a rider that it sympathised with are used j„ the unfortunate position in which he had been placed by his lormcr solicitor. Accused was admitted to bail pending the Court of Appeal decision.