DOUBLE BIGAMY

Hokitika Guardian, 15 November 1932, Page 5

DOUBLE BIGAMY

JUDGE’S PROBLEM

CASE HEARD AT AUCKLAND 1

(Per Press Association— Copyright.)

AUCKLAND, November 14

Stating that-., lie found the case an exceedingly difficult one, Mr Justice Smith, in the Supreme Court adjourned until this afternoon, the charge against Henry Olive Neison, aged 3o'~years, of hating committed bigamy. Mr King said that Nelson was married in iyj.7 in England, and later he went through the form of marriage witn a Miss iVicC'al.uiii in New Zealand. According to her own. evidence, she knew that Nelson had been previously married. Neison said that he had received a letter from his mother, saying that lie was free, and he presumed that he was free to marry. His legal wife, in England, had, apparently committed bigamy, and married again. There were no children by the prior marriage. Miss McCallum, with whom he was at present living, now very much regretted her impetuosity in writing to the authorities in England. If he was sentenced to imprisonment, she and their child would suffer.

After the adjournment, His Honour said that he had considered the case with some anxiety. Nelson had pleaded guilty to the charge of bigamy, although, if he had pleaded “not guilty,” lie might have stood a chance of being acquitted by a jury. Nelson had joined the Navy .when he was 15J years old, and had served through the war as stoker. When 19 years old, he had married a sailor’s widow much older than himsfeif, who was a munition worker. He had supported her until he left fbr New Zealand ili the Laburnum in 1920, and she was then supported out of his pay, until he deserted from the Navy, in 1924. It would appear that he thought her dead, and that she thought him dead. How far these statements would have been accepted by a Jury, he did not know. His Honour said that in 1925, Nelson went through a form of marriage with the woman with whoip he was now living, and they had a child, now aged six. Four years later, in 1929, his wife in England had also contracted a bigamous marriage. She said that she never wanted to see Nelson again, and Neleson did not want to see her.

In the circumstances,. His Honour said he did not know that any private interests would be served by sending Nelson to gaol, and he had really to 'cdfisidef the public interest. The Probation Officer recommended some punishment other than imprisonment. According to Nelson’s statement, he intended to marry the woman with whom he had been living when a divorce could be obtained. He would temper justice with mercy, and admit Nelson to probation for a period of two years, and require him to pay the costs of the prosecution.