A BIGAMY CHARGE

Evening Post, Volume CIX, Issue 30, 5 February 1925, Page 11

A BIGAMY CHARGE

A QUESTION OF GOOD FAITH

A MATTER FOR THE COURT OF

APPEAL.

<Bt TUgOIUPa.—PRESS ASSOCI.ATIOH.)

AUCKLAND, 4th February. ' It was recently laid down in an English Court of Appeal case that ere a man may marry ■ for the .second. time he must have proof in fact that he is free to do so. This decision .was involved in a case heard at the Supreme Court, when Thomas Clarence Carswell (represented by. Mr. Cooney) was charged with bigamy and having made a false statement to the Registrar of Marriages. The facts were not disputed. Ha married in 1901, and on a cross petition in 1921 accused's wife obtained a decree nisi. It was not made absolute till December, 1922, but on 10th October, 1922, accused went through the form of marriage with another.woman. •Accused's defence was .that he thought a decree absolute had been granted primto the second marriage, although he ha 4 not been informed about the datel Three months prior to the marriage he had instructed his then,solicitor to complete the divorce proceedings, and he had made the final payment a month before the marriage. The facts he gave the Registrar were true so far as he knew. On learning that the marriage was irregular, accused immediately remedied-it by going through the form" of' marriage a second time after the decree absolute had been made.

Mr. Justice Eerdman put a query to the jury as to whether in their opinirin accused at the time of tho second marriage had reasonable grounds to believe that he was free to marry again, and whether he had acted in good faith. At the same time, said his Honour, in view of the English decision, he could only hold ■ that this would not be a legal ground on which to rely,' and a case would have to be made out.for the New Zealand Court of Appeal, in any case. The jury answered the Judgo's question in the affirmative, and returned a verdict of not guilty on the false statements charge. In accordance with the Judge s direction, however, a formal verdict of guilty was returned^ on the bigamy charge. The jury added a rider that it sympathised with accused in the unfortui nato position in. whichlie hud been .placed by his 'former',solicitor. '' Accused was admitted.*to" 1/ail, pending' .the Court of Appeal decision. ••■.-..