A LEGAL TRIANGLE.

Auckland Star, Volume XLVII, Issue 238, 5 October 1916, Page 9

A LEGAL TRIANGLE.

WHICH IS THE HUSBAITD I POINT RAKED IK iAUCKIiAND. During the hearing of the charge of bigamy against Evelyn May McCoy, at the Auckland Police Court yesterday, a enrione position arose. The police had a man present as an "exhibit," whom the accused's parents identified as their daughter's No. 1 husband. As the husband be could not give evidence against his wife. Then the man with -whom accused later went through the form of marriage (after having heard that her first husband 'had been killed in an accident) was put in the box to give evidence. Mr. R. A. Singer, for accused, objected to euch evidence. "It ha* not yet heen proved," ingeniously argued counsel, "that this man ie not the woman's la-wful husband, and on the usual assumption that an accused person ie innocent until proved guilty the -witness remains presumptively her huehand, and cannot give evidence." Mr. E. C. Cutten, S.M., acknowledged the nicety of the point, but said that! meantime the man might give evidence subject to a note of objection on tin* deposition, leaving decision on the point for the Supreme Court judge. Aβ a matter of fact, ihowever, the man did not give evidence, for, as .being a person charged with making a false declaration arising out of the circumstance*, he -was advised by Mr. Singer, his counsel, to decline to answer incriminating questions, and he declined to answer the only question put to -him by the Chief Detective, Jus Worship holding that the witaese was within, his rights in so doing.