RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3086, 18 May 1881, Page 3

RESIDENT MAGISTRATE'S COURT

WEDNESDAY, MAY 18.

(Before H. Eyre Kenny, Esq. R.M.) OFFENCE ON THE RAILWAY.

George Price was charged with interfering with the comfort of passengers on the Napier line of railway. The prisoner pleaded guilty, and His Worship said these ofiencea on the railway were becoming too common. A number of cases had been brought before him recently. He would fine the prisoner 20s and costs, or three days'imprisonment with hard labor. OBSCENE LANGUAGE. The same prisoner was charged with using obscene language in the public streets. He admitted his guilt, and was fined 5s and costs, or 24 hours'imprisonment, to commence at the expiration of the first sentence NEGLECTINO TO SUPPORT CHILDREN. Thomas McKenna was charged with neglecting to contribute towards the support of his children, Thomas and ConStance McKenna, who were inmates of the Burnbam Reformatory. The accused did not appear. Sergeant O'Malley said he had made enquiries and found that tbe accused was a tailor residing at Christchurch. Tbe children were committed from Napier, and the mother was resident here. He proposed to call her to prove that they were his children. His Worship said it would have been "better if the information had been laid in Christchurch, as it could then have been proved if the accused was in employment and able to contribute to his children's support. But of course they would be unable to prove there that they were his children. There ought to be some provision to enable the evidence to be taken in summary cases, and sent it to where it was required. He would adjourn the case for a month to see what could be done. TRAVELLING WITH ATRANSrERREOTICKET. David Oommock was charged with travelling on tbe Napier line of rail with a transferred ticket. Mr Lascelles appeared for the accused, and said that he had advised him to plead guilty, but he would ask His Worship, in passing sentence, to consider that the accused had been put to considerable expense in having to come down from the bush. The offence had been committed in ignorance, and he would remind His Worship that breaches of the byelaws were being continually committed, and no notice taken of them. Persons were constantly smoking on the platforms of the stations, and not interferred with. Then gentlemen frequently carried gunpowder in the carriages against a byelaw, and were not prosecuted. Alexander Commpck, junr., was then charged with transferring the ticket to David Commock. His Worship said that he believed that both the accused were ignorant that they ■were infringing a bye-law. He would remind them that they were liable to a penalty of £10, and this would be a warning to others. He would fine them 2s each with costs. DRIVING HORSES THROUGH PUBLIC STREETS Thomas Murpby was charged with driving two horses loose through Has-tings-street. The prisoner said he had been leading the horses with ropes, and they broke away from him. He was fined 2s and costs. BIGAMY. Regina v. Robert Gallagher, alias Andrew Gallagher. Mr Lascelles appeared for the accused. Inspector Scully put in a certified copy of tbe certificate of marriage between Robert Gallagher and Caroline Alice Rigby, purporting to be signed and sealed by the Registrar-General. He had received it in tbe regular course of business through the post. He also put in the Gazette of January 30th, 1868. showing that Father Macdonald, who officiated at the marriage, was duly qualified ; also the Gazette of 1859 to prove the boundaries of the Auckland district.

Joseph Keats, called, said : He was a laborer living in Auckland. He knew the prisoner, also Alice Gallagher. She was present in Court. He knew the prisoner and the woman before they •were married. He had known them both for about twenty years. Did not know hermaiden name. He remembered 1868. The prisoner was living in a bouse belonging to witness at the time. The woman be called Mrs Gallagher was living with him as bis wife. He spoke to them about living there without being married. He and his wife took them to the Catholic Church in Chapel street, Auckland. They went to get married. Father Walter was the priest who married them. The priest bad a brother named Dr. McDonald. He knew him to be a Roman Catholic clergyman. He (witness) was a Roman Catholic, and attended that Church. They were married. He made a mark to some paper at the Church after the marriage. His wife was present. He did not know what christian name the prisoner went by. Tbe prisoner was the man. He (witness) was married in a Catholic Church. Cross-examined by Mr Lascelles: Could not say how long prisoner was living in his house before they were married. He did not know of the woman living with any other man before she married Gallagher. Did not know what name she went by before tbe marriage. Never heard her called Misa Thomas or

Mrs Lewis. He never heard her called any name before the marriage.

Catherine Ke,;.s deposed: She was was the wife of the last witness. She lived at Auckland. She had known the prisoner thirteen years or more. She knew Alice Gallagher. Alice Thomas Rigby was her maiden name. She remembered 1868. She remembered going with prisoner and Alice Rigby to the Catholic Church to get married in that year. They were not living in a house belonging to her husband at the time of the marriage ; they were some tisne before. They all went to the Church together. They were married by Father Walter McDonald at St. Patricks' Roman Catholic Church, Chapel-street, Auckland. She saw them married. She saw the prisoner sign his name, also the wife. She (witness) made a cross, as she could not write. The prisoner and Alice Rigby were living together about two years before they were married. She spoke several times to them about getting married.

Cross-examined by Mr Lascelles : She knew Mrs Gallagher for two years before she was married. She knew her about two years before she went to live with Gallagher. Her name during the whole of that time was Alice Thomas Rigby. She called her Mrs Gallagher, or Alice to her husband. She knew her name was Rigby from a summons she saw. The woman had also told her. Never saw her parents. She knew of her living with auother man before she took up with Gallagher. His name was George Herder. Never knew of her living with a man called Lewis. Never heard of such a man.

By tbe Inspector : She had heard her called Alice Rigby by others. When she lived with Herder she was called Mrs Herder. Had no recollection of how long it was since prisoner left Auckland.

By the Court: Both christian and surnames were repeated at the marriage. Sergeant O'Malley, sworn said he arrested the prisoner on the 24th of April. He said nothing then. At the police station he (witness) referred to the two certificates of marriage, and told him the dates and the parties' names. The prisoner leplied, "Yes, I admit it, but she (referring to the first wife) was already a married woman ; that she was married to a man named Lewis, a runaway sailor from a man-of-war, who was subsequeutly arrested while in her company."

This concluded the evidence ia reference to the first marriage. John Grubb, on his oath, said he was Registrar of Births, Marriages, and Deaths. (The Gazette proving his appointment was put in.) He knew the prisoner. He recollected the 9th December, 1876; it was a Saturday. The prisoner had given the usual notice of his intention to marry on that day. He gave the name of Robert Gallagher. He described himself as a bachelor. He signed the notice and declaration produced before he got the license. He had no doubt of prisoner being the man.

Father Forest, sworn, said be was a

Roman Catholic priest residing in Napier. He was authorised under the Marriage Act. (Gazette put in.) The witness read from his register the entry that Robert Gallagher was married to Eliza White in December, 1876. He did not recognise the prisoner, nor could he swear to the woman. After the ceremony they signed the register, He could swear that Robert Gallagher and Eliza White signed the book in his presence. There were witnesses present a man and a woman, and they also signed the register.

Eliza White, sworn said she was tbe wife of Robert Gallagher. She first saw prisoner in 1872 in Auckland. She left Auckland before him, and took a situation in Wellington. She saw him again at Wellington. He was a passenger by one of the steamers to Napier She saw him again about five years ago, when she came to Napier to get married to him. They were married on the 9th of December, 1876, by Father Forrest at the Catholic Church. Mr and Mrs Rolfe were present and Father Kerrigan. She had heard previously that he had lived with a woman in Auckland. He had told her he was not married.

Mr and Mrs Rolfe were then examined, and gave evidence as to being present at the marriage in Napier.

His Worship then committed the prisoner to take his trial at the next sittings of the Supreme Court.

The Court then adjourned to 2.30 p.m,