A BIGAMY CHARGE.

Taranaki Daily News, Volume LI, Issue 265, 2 November 1908, Page 4

A BIGAMY CHARGE.

TKASJi ON TRIAL. COMMITTED l'W SENTENCE. In the Magistrate's Court 011 Saturday morning, before Mr. 11. S. Fitzherbert, S.M., Elijah Trask was charged with having, ou July 21st, 11)00, at New l'lymoutli, committed bigamy by going through a form of marriage with Catherine Wells Kineaid, his lirst wife then being alive. Sergeant Haddrell appeared for the police and Mr. Strang (Alalonc, Anderson, and Johnstone) for the accused.

Sergeant Haddrell called his Worship's attention to section 403 of Llie Criminal Code. This section enabled liiin to produce a written confession by accused of his first marriage, and other documents, without bringing witnesses from Victoria, where accused's lirst wife resided. Briefly, the facts of the case were that 011 July 23rd, 1902. tit liirre-

gurra, in Victoria, Trask married lliss I -Margaret l'riee. Two children were born of the marriage. After a time lie said | he would come to New Zealand to make: a home for her, and she could rejoin him. lie corresponded with her on se 1eral occasions until as late as July Ot'i, 100(1, in most affectionate terms. When the last letter was written he w-as keeping company with Miss Ivincaid, to whom he was married on November 21st, 1900. The Deputy-Registrar of the Supreme Court at New Plymouth (Mr. J. Terry) gave formal evidence that on July Ist, 11)08, in the Supreme Court at New Ply--1 mouth, before Mr. Justice Edwards, Margaret Trask was granted a decree nisi for a dissolution of her marriage with accused, 011 the grounds that bigamy and adultery had been committed by him. The accused was not present at that case. He -produced a I certificate of the marriage of Elijiii I Trask and Miss Price at Birrcgurru,

Victoria. 011 July 23rd, 1902, produced as an exhibit in the divorce proceedings, together with the affidavit verifying it, stating that iuc papers were in order as required by the law of \ictoria. He also produced certificates exhibited in the same ease to the birth of two children to Elijah Trask and Margaret Trask, with exhibits of correspondence from Trask to his first wife. Witness further produced a copy of the register of a marriage between Elijah Henry Trask and Miss Catherine Wells Kincaid in the Primitive Methodist Church at New Plymouth on November 21st, 1900. I Catherine Wells Kincaid stated that

she was at present living in Auckland. In the year 1905-li she was living with Jlr. William Jenkiuson, coaehbtrilder, at New Plymouth. She made the acquaintance of accused some time in 1905, about twelve months before she married him. She knew the accused under the name of Elijah Henry Trask. He represented himself as a single man, and paid addresses to her, Was married to accused on November 21st, 1900, at the Queenstreet Methodist Church by the Bev. John Nixon. She produced a copy of the register of the maq'iage with a>cused. She was the Catherine Wells Kincaid mentioned therein, and accused was the Elijah Ilenrv Trask referred to in the same document. Jlr. W. Jenkinson, one of the witnesses mentioned therein, was present at the marriage. She lived with accused as his wife in New Plymouth for some time, and later at llawera. In March, 1907. at Hawer/i, a citation was served on herself ana oil Trask for divorce, proceedings. When she asked accused about it lie said lie had a wife and two children in Australia, and it was best known to himself why he left them. Accused wanted her to promise to many him when divorced his first wife. She refused, and went straight away to her mother in Auckland. Alter she had been some time at her mother's accused came there to see her, and repeated his proposition. She again refused. There was one child by the marriage, born on August 25! h. 1907.

Mr. William Jenkiuson, com bi ; ! \ New Plymouth, identilicd tln» ;■ • • i as this man who had married Mi - eaid, and who was known to him is Henry Trask. Detective T. Boddaui deposed Mint on 14th October last he saw Ihe accused at the New Plymouth gaol, where he was on remand for the present charge. Accused told him that lie wished to make a statement. Jlc told him that any statement he made must be voluntary as far as he was concerned. He also asked him if he thoroughly understood the nature of the charge, and accused replied that he was charged with bigamy. Witness then told him the charge as set forth in the present information. Accused replied that lie knew he was doing wrong when Ik* married Miss Kincaid, but, he had done it, and it could not be helped now, and be wished to give a-s little trouble ,v possible to anybody and get {he ease over as quickly as possible. Witness then handed in a written statement signed in his presence by the accused. In the statement accu-cd stated ilmt in 1002. when he wa* a farmer in Bceac, Victoria, he married Miss Margaret Price, who lived with her sister and father at Mount .lelliiiraml. lie admitted the circumstances detailed in tlio evidence. Witne-s. continuing, said thai while divorce proceeding* were going on accused had lived in tin* Auckland district Under 11n* name of Stewart, and had made no attempt t<> get away. To Mr. Strang, Boddain stated accused had said in the gaol that he had taken the name of Stewart so as not to disgrace his family. He ha l given no trouble since his arrest.

This concluded the evidence for the prosecution. Accused pleaded guilty, and was committed to the Supreme Court at' Auckland for sentence.