CHARGE OF BIGAMY

Evening Star, Issue 20996, 9 January 1932, Page 10

CHARGE OF BIGAMY

MATTER FORMALLY ADJOURNED ! At the Police Court yesterday after--1 noon, the hearing was continued of the charge against Janies Palmer that, being married to Rosie Maud Bailey Palmer, he went through a form of marriage with Isabella Annand Fleming, thereby committing bigamy. Isabella Annand Palmer continued her evidence, and said that the letter she received from the accused after he had gone away stated that another woman was claiming to bo his wife and that he bad gone away to clear his name. He would provide for herself and the baby. Witness then applied for maintenance. Witness went to Christchurch in April, 1931, and there met the accused. He admitted having married in Canada. He lived with the woman for only a month when she went to live with another man. The accused visited witness in July, 1931, at Dunedin, and told her that his first wife had been living with another man to Ms knowledge for the past four years. Counsel for the accused submitted that the case must fail because the prosecution had not proved the component parts of it. All the police had done was to prove tho celebration of what Avas said to be the second marriage. Counsel submitted authorities in support of his_ contention. The certificate of marriage from Canada was, he considered, inadmissible as eyidence. Further, he submitted that the identity of the parties to the first marriage had not been established. What was most fatal to the case for the prosecution was the absence of any evidence to slioav Avhether the first ivife was alive when the second marriage took place. The Magistrate (Mr H. W. Bundle, S.M.), said that the onus Avas on the prosecution to show that the first wife was alive at the time of the second marriage. , Detective-sergeant Nuttall said that it would devolve on the prosecution to bring a Avitnoss from Canada, Avhich Avas hardly possible. _ The Magistrate said that that was not a matter for the court, but he would adjourn the matter to enable any argument to be put before him. It had not been proved to him that tho first Wife was alive at tho time of the second marriage. The case Avas formally adjourned until Monday.