SUPREME COURT.

Taranaki Daily News, 9 December 1919, Page 6

SUPREME COURT.

SESSIONS AT NEW PLYMOUTH. CRIMINAL CASES. ' i The New Plymouth Supreme Court sessions opened yesterday morning before Bis Honor the Chief Justice, Sir Robert Stout. THE GRAND JURY. The following constituted the Grand Jury: Messrs W. E. Bendall, E. Ansford, J. Bennett, A. W. Webster, W. C. Weston, A. S. Brooker, D. J- Hughes, J. Haydea, T. M. Avery, E. J. Eepperell, H. Bayly, C. Denny Brown, M. Healy, W. Ambury, T. C. List, F. S. Johns, Geo. Fox, A. Veale, R. F. Cornwall, W. H. Broome, H. B. Lepper, A. F. Mollison, and F. H. Robertson- Air. List was elected foreman.

HIS HONOR'S CHARGE. His Honor, in addressing the jury, said he was glad he could congratulate the district that there were not many cases for trial on. this occasion. This, however, did not show the full extent of the crimes that had been committed, as a number of prisoners had pleaded guilty to the crimes with which they had been charged. There were a number of cases of breaking a,nd entering, and his Honor said there seemed to have been quite an outbreak of this class of crime in the district. The ju'dge then briefly related the evidence in itheße cases and intimated to the jury that their duty was to determine if there was what was called | a prima, facia case. In regard to one case, in which there were two charges against one man, his Honor said he could not understand why he had not pleaded guilty as he had made a state-ment-admitting that he had entered the house concerned, with another yonng man in the case, who had already pleaded guilty to the offence. It did not matter that he might have stolen nothing from the house. He had admitted being a party to entering -the house and ttmst therefore be equally guilty with the other man. The other case was of a young man who was charged with entering a dwelling house by night with intent t6.commit a crime. The evidence showed that he had entered a bedroom in which there was a young lady sleeping. On discovering someone in the room she called out and then the accused put his hand over her mouth to stop her calling out. He did not think that having entered the house, there could be much doubt but that it w&s I with the intent to commit a crime. The only other case was a dharge of bigamy against a woman, who had gone through a form of marriage with a man while her previous husband was still alive Some defence was made -on the ground that the- -woman did not know what, she was doing, but she had gone to the registrar's office and made her marl* against her name in the register, and the jury" should have little difficulty in deciding whether or not there was a case for trial! The Grand Jury then retired. TRUE BILLS. True bills were returned in the cases of Neville James Crozier, breaking and entering by' night; Jack Johnston, breaking and entering (two charges); ano MarJ' McLean, alias Martha Preston, bigamy. His Honor then thanked the Grand Jury for their services and discharged them.

ALLEGED ' BIGAMY. NATIVE WOMAN CHARGED. A native woman was charged under the name of Mary McLean, with committing bigamy at New Plymouth on March 31,'1917"by going through a form of marriage with Cecil P. Hendrickson, she at that time being married to one Paul MeLenn; ,«he was also charged with having made - false statement to the registrar by declaring herself a spinster, whereas she was a married womiMi. Mr. H. R. Billing prosecuted on behalf of the Crown and Mr. S. W. Fitzherbert appeared on behalf of prisoner, who pleaded not guilty. The following jury was empanelled:— Messrs. Chas. Oliver, N. Balharry, H. C. McKwan, A. Davidson, J. G. Boiilton, A. A. Mace, W. Scott, R. E. Jackson. 15. Shaw, E. J. Sole, K. Francis. J. H. Gibson. Mr. Scott was chosen foreman. Paul McLean, laborer, Nuhaka, Hawkc's Bay, a native, to whom accused was married in May of 15)12, was called, and Mr. Fitzherbert asked that the Court should direct nim that he was not obliged to give evidence against his wife. The objection, however, was withdrawn.

In reply to Mr. Billing, witness said he first met accused at West Shore, Napier. He married her on May 24, 1012. She was starring with friends at West Shore at the time. After the marriage they went back to Nuhaka and lived together for about two months. She then went away and he had not seen hei* until the time of the proceedings in the Lower Court. His wife Understood English all right. He was quite sure the accused was the person he« married. To Mr. Fitzherbert: Tt was accused who told the registrar that her name was Man T Christian. It was not a fact that he had kicked her out from Nuhaka by putting her on a boat and sending her awayWm. Buchanan, registrar of marriages at Napier, deposed that he held the position on May 24, 1912, on which date he performed the marriage ceremony between Mary Christian and Paul McLean. A copy of the marriage certificate and also the marriage register were put in. The signatures of both parties were affixed in his presence. He was quite sure the parties were sober at the time of the marriage. His custom was always to ask Natives if they understood what was being done when they came to the office to be married. To Mr. Fitzherbert: He could not identify the accused, or remember any details in connection with the marriage.

Martin Rowe, driver, Napier, said he had witnessed the signatures to the marriage of .McLean and accused. He recognised the accused again when he saw her at the time of the proceedings in the Magistrate's Court. So far as he could see the parties appeared to know what they were doing at the time of the marriage.

To Mr. Fitzherbert: He did not know the parties before the marriage. He was called in by a man named, Sheehan, who came along the street with the couple. John S. S. Medley, registrar of marriages at New Plymouth, gave evidence as to the marriage between accused and Hendrickson at his office on Marh 31, 1917. He produced the official docua»n\* in soutatiea with tt* aarjriMtn

and deposed* that the signatures thereto were affixed by the parties in-his presence. Accused wa3 described in the register as a spinster. All the particulars were read over to the parties before the ceremony, and they were asked if the information given therein ivas correct. The particulars were given to him by Hendrickson. To the Judge: Accused made a mark against her name when signing the register. To Mr. Billing: He would not have accepted a mark if she could have written. Both parties were sober when mar ried. To Mr. Fitzherbert: Accused assented to all the particulars they were read over to her. She had been 'told U let him know if there was anything in them not correct.

Cecil P. Hendricksen, laborer, Ingle- j wood, said he had known accused sine? 1913. He met her first at Napier, and knew her as Martha Preston. She toll him she had been married to a man 'named Paul McLean. He had been in Napier for eight or nine months after meeting accused. For awhile he had lived with her at Napier. She could speak pretty good English. She told him she had been tricked in the marriage with McLean, but that she had signed no papers. He later saw some papers, but accused told him that she hae -:ct signed them. She reckoned she ha'l been taken to the registrar's office by two others and tricked into the marriage. Witness admited marrying accused at the office of the registrar in New Ply. mouth, and he saw accused make a cross when signing the register. Accused told witness that Sam Jackson had said that her "marriage lines" with Paul McLean were no good. That was before he went into camp at all. They were married while he was on final leave. To the Judge: He made his allotment to her when he went into camp aft-r marrying her. Accused was'a Taranaki native.

To Mr. Billing: He had seen accused write her name in full and he had seen her write her own name "Martha " To Mr- Fitzherbert: He believed accused knew the meaning of the word "spinster," Questioned as to his subsequent marriage in England, witness said he had been given to understand that the marriage of his wife with McLMn was legal and so that his marriage with her was therefore not legal. It was in consequence of his wish to make an allotment to his second wife that the proceedings in the present case had h°eii commenced. Evidence was given by C. T. Rundlc and Jas. Clarke, who witnessed trse mntriage between Hendricksen and accuse*. Constable lapouple gave evidence as to interviewing accused in connection with the proceedings. She denied having married McLean, and said she did not know such a person. When later confronted with a copy of the certificate she admitted she was the person who had been married to McLean, and also that.she had. gone through the form of marriage with Hendricksen. She had no difficulty in understanding English.

This closed the ease for the Crown. j ' THE DEFENCE. ! Mr. Pitzherbert, in outlining the defence, said the first claim would be that when the second marriage took place, accused had reasonable grounds for believing that her former husband was dead. Secondly, in regard to the false statement, it was alleged that she did not know the meaning of the word "spin'stej," and that., as a matter of fact, she did not actually give the information to the registrar. Samuel John Jackson, licensed Native interpreter, New Plymouth, said he had known accused for some years. She had a fair knowledge of English, but he did not tiling she would understand the meaning of the word "spinster." He thought a schedule of particulars as supplied to -the registrar should have been read to her in Maori as well ns Knglish. He did not think the Natives understood, as the white man did, that it was wrong to marry twice. To the Judge: He had known cases years ago where Natives who had been married a.ccqr/ling to Native custom had also year* afterwards been legally mar-, ried according to European law." Accused, in giving evidence, could not sav that she understood the word "spinster." In reply to a question as to why she left McLean, she said he drove her away. She met Hendricksen, and lived with' him for four years. She had not seen or heard anything of McLean since then, and she thought he was dead. Hendrichscn asked her tomarry him, and she did so in the belief that McLean was dead. She could not recollect that the registrar at New Plymouth read out the word "spinster" to her at the marriage. To Mr, Hilling; She had asked some people at Nuakaka where McLean was, and she had also'enquired about him since she came to Taranaki. She admitted telling Hendricksen that her "marriage lines" with McLean were no good, and that she had not signed her proper name. She thought she was not married to McLean. She'denied living with him as his wife. In reply to further questions, accused said she thought the marriage was no good because she had signed her wrong name. If her proper name had boen written in it would have been -ft good marriage. She could not say how McLean had got the information that had been supplied to the registrar, nor did she know from whom Hendricksen got the information to supply the registrar at New Plymouth. She afterwards said she gave him some particulars. It was not true that she had pestered Hendricksen to marry her. She admitted receiving his allotment after they were married. This closed the evidence, and after counsel had addressed the jury, and his Honor had summed up, the jury retired at 3.45 p.m., • and returned at 5.9 p.m. with a verdict of guilty on the charge of bigamy, and not guilty of making a false statement. The jury strongly recommended the Judge to treat the prisoner leniently on account of her being a Maori. His Honor said he would give every consideration to the jury's recommenda- | tion. Prisoner was remanded till 10 o'clock j this morning for sentence.