THE BRAITHWAITE BIGAMY CASE.

Westport Times, Volume III, Issue 588, 2 December 1869, Page 2

THE BRAITHWAITE BIGAMY CASE.

On Tuesday week, in the Supreme Court, Nelson, on the Judge taking his seat, the only criminal case remaining for trial was a charge of Digamy against a man named Braithwaite. Owing to some technical difficulty, the bill of indictment against the prisoner had not been laid before the Grand Jury on the preceding day, and, in expectation that the difficulty might be overcome, the jurors attended at the opening of the Court. His Honor explained the case to the Grand Jury. The prisoner had been remanded from Westport, where the information was laid, to Christchurch, where the most material witness for the prosecution, an infirm old woman, resided. The magistrate at Christchurch had taken the evidence of this old woman, and committed Braithwaite for trial to Nelson; but the state of her health, it was said, prevented her removal here to give evidence on the trial. The Crown Prosecutor at Christchurch had sent up the evidence of this witness, with a medical certificate stating that she could not be removed to Nelson. Now although testimony of this kind could be admitted in Court, it could only be oral testimony ; and he felt bound to construe the law strictly when the liberty of the subject was concerned. Possibly the difficulty might be overcome by affording a little time ; and as he could not dismiss the Grand Jury, owing to information of a serious case having occurred at Charleston which it was desirable to try during the present sittings, he would adjourn the sitting of the Criminal Court until Monday next, when it might not be unlikely the Crown Prosecutor would be ready to proceed with both cases. His Honor then released the Grand Jury from further attendance until Monday last.