ALLEGED BIGAMY.

Hokitika Guardian, 16 April 1926, Page 1

ALLEGED BIGAMY.

BELIEVED 11. E WAS DIVORCED ■WELLINGTON, April 11. There wus a record Bench at the Supreme Court yesterday when the Court of Appeal was asked to decide the question whether the finding of a jure that a person accused of bigamy honestly believed at the time of bis second marriage that, lie was divorced from his first- wife constituted a good defence on the charge of bigamy. The Court consisted of both divisions of the Court of Appeal, and comprised their Honours Hie Chief Justice, Air Justice Sim, Air Justice Stringer, Air Justice TTcrdmnn, Air Justice Reed, All- Justice Adams, Air Justice Ostler, and Air Justice Alpers. Tho Solicitor-General (Air A. Fair) appeared on behalf of tho Crown, and AD- TT. 0. Cooney for Thomas Clarence Carswell, ihe accused. The facts wore that in July, 1901. at; Havelock, the accused' was married. He married again in 1922. his first wife being alive, and thus committed bigamy; but be set up the defence that at the time of contracting the second marriage he honestly, and on reasonable grounds, believed that be bad been divorced from his first wife. The jury, asked to answer ns to Carswell’s belief, returned a verdict in the affirmative, and a verdict of guilty was returned. The question of law the Court w(tis called on to decide was whether the finding of the jury constituted a good defence on the charge of bigamy. The Court announced that the arguments had been placed before it in writing by counsel, and that it 3 decision would be given later.