DIFFICULT CASE

Rotorua Morning Post, Volume 2, Issue 380, 15 November 1932, Page 5

DIFFICULT CASE

(Press. Assn.-

big amy gh arge SAILQR'S TWO WIVES CAUSE JUDGE ANXIETY LENIENT TREATMENT

— -By Telegraph — Copyrlght).

Auckland, Monday. In a charge against Henry Oliver Nelson, aged 35 years of having committed bigarny, Mr. Justice Smith, in the Supreme Court, stated it was a difficult case. . : Nelson was married in 1917 in England and later went through a form of marriage with Miss Me'Gallum, of New Zealand. According to her own evidence she knew that 1Nelson had heeh previously married; * Nelson said that he ' had Teceived ' a letter from his mother saying that he was free, and he presumed that he was free to marry. "His legal wife in England had apparently committed higamy and married again. There were no children by the prior mrriage. Miss McGallum, with whom he was at present living, vety niuch fegretted her impetuosity in writing to the authorities in England. If he was sentericed to imprisonnient, she and their child. would suffer. • After the hearing, his Honour said that he eonsidered the case with sdnie anxiety. Nelson pleaded, guilty to the charge of bigamy. If he had not pleaded guilty, he might have stoo'd chances of being acquitted by a jury. A Sailor's Bride " ' Nelson joined the Navy when 151 years of age and had served :duritig the war as a stoker. When 19 years of age, he married a sailor's widow, ;/ery much older thn himself, who was a munition worker. He supporfed her until he left for New Zealand in 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 this statement would have been accepted by the jury he di(| nqt know, his Honour stated. In 1925, he went through -a form of marriage with the woman with whom he was now living, and they had a child. now aged six years. In 1929 his wife in England^ also contracted a bigamous marriage. She had said that she never wanted to see Nelson a:gain, and Nelson sai(| he did not want to see her. In the circumstances, his Honour said, that no private interest wOuld be served in sending Nelson to -pflison. He had really to consider public interest. The probation officer • had suggested some form of punishment other than imprisonment. According to Nelson's statement he intended to marry the woman 'ydth whom he was living when a divprce could be obtained. He would temper justice with rnercy- and would adinit Nelson to probation for a period" of two years, and reauire him to pay the cost of the prosecution.