BIGAMY CASE

Evening Post, Volume CX, Issue 134, 4 December 1930, Page 17

BIGAMY CASE

PROTECTION OF GIRLS

SENTENCE WITH CONDITIONS

(By Telegraph.—Press' Association.) NELSON, 3rd December. Pound guilty by a jury of bigamy, but with a strong recommendation to mercy, John Charles Rumbles Topp was ordered to come up for sentence if called upon within twelve months. In addition, his Honour Mr. Justice Beed imposed certain stipulated conditions. The case presented some unusual features. Witnesses testified to the accused's good character in New Zealand, and the police stated that he had answered all questions openly and frankly. In summing up his Honour said the case was important from the point of view of the accused, and also important to" the community. It was important to the community because of the danger of people coming from distant countries and, by coucealing the fact - that they had been previously married, practically destroying or injuring the lives of young girls. The jury»would have to determine'as to whether they considered the letter which the accused said he had. received from his' first wife's sister announcing his wife's death had ever existed. If they came to the conclusion that the'whole story was a make-up, they would need to go no further. If, however, 'they consid.ered that the letter possibly existed, then they had to consider whether the accused honestly believed in the truth of the letter on reasonable grounds, and there came the function of the jury in settling the'standard of care which should be exercised. The jury returned.'with1 a verdict of : guilty, with a strong recommendation for mercy. The foreman stated that /the jury was agreed that the accused, had received a letter from "J.," but that he had not used reasonable care and judgment to prove the death of hisfirst'wife on receipt of the letter. . < ' . On hearing the verdict the wife of the accused collapsed and was carried j sobbing into an ante-room. ] Counsel for the accused made a plea j for leniency. ~•■■■ His Honour, in passing sentence, said: "I am very glad that the jury have clone their duty in this matter, re ; gardless of the sympathy which one must feel for the unfortunate second .wife. At the same time it shows that juries,' as"far. as this place is concerned, are.not prepared to allow a man to come and make the simple excuse of having had a letter without making further, inquiries, and then' going through a form of marriage while his wife is alive." His Honour went on to say that he did not propose to send the accused to gaol or to grant probation, but would order him to como up for sentence if 'called upon.."My reason for doing this," said his Honour, "is, that I propose to see that you do the right thing by this young woman, and. therefore you will be ordered to come up for sentence any time within twelve months on the following conditions:—On payment of the costs of the prosecution (£lO 13s), to be paid in two half-yearly instalments, ana that you take immediate steps to "obtain a divorce from yourfirst wi£e and marry the second. If that is done within twelve months you will hear no more of this matter."