CHARGE OF BIGAMY

Northern Advocate, 4 August 1932, Page 6

CHARGE OF BIGAMY

DETECTIVE’S EVIDENCE. ISpecial to '"MorUiern Advocate.") AUCKLAND, This Day. Detective McWhirter said he saw accused at Otahuhu on December 29, 1911, and told him it was suggested he was identical with Evan Bert Davies, who left his wife in England ami came to New Zealand on the Rimutaka in 3 908. Accused denied that he was Evan Bert Davies. Witness showed him two photographs, also a copy of a marriage certificate.

Accused made a statement in which he denied that he was tlio man suggested. He had not married Mary Jane Rigby at Bolton, England, 1901, nor did he have any brothers or sisters. He said ho was- born at Welshpool and that his father was not a police officer, although he had given that as his father’s occupation when he married Mjss Montgomery at Otahului in 1914. He did that to create a good impression with Miss Montgomery’s people.

Taff Davies. Accused said that in 1908 he met a man in England who offered to pay his passage to New Zealand, and they travelled together on the boat. On the voyage, the man, Taff Davies, had given him lessons in handwriting, and he had learned to Avrite the same as Taff DaA'ics, aa"lio had asked him to Avrite letters to his (Taff Davies’) wife. On April 18 last, after rcceiA’ing a letter from accused, Avitness interA’ieAvcd him, and Avas slioavd two diaries, one for 1910 and the other for 1919. Oije diary shoAved entries of accused liaA’ing receiA'ed £l, £lO and £•">• In a notebook Avas an entry, stating that ho had Avritten letters to England to “T.D.’’ When told that he had boon identified in photographs as Bert Davies, of Bolton, and Avas also identified at the Otahuhu police station, accused said lie could produce his double, as a lot of people had doubles. When arrested, accused said he Avas sorry for Avitness, as he could produce a man named McDonald, avlio had seen him on the boat Avith Taff Davies.

■Constable William Thomas Lee, of Otahuhu, said he intervieAved accused in September last. Accused defied that ho Avas the Evan Bert Davies being inquired for. Handwriting Expert. Henry William Scott, handwriting expert, said ho had examined the writing in letters written by Evan Bert Davies to his wife, also the handwriting of accused .in his signed statement. In the statement ho thought there had been an attempt to disguise the handAvriting. He Avas of the opinion that the letters and statement were AA'ritton by the same individual. Insufficient Evidence,

After discussing legal points with counsel, his Honour told the jury there Avas not sufficient evidence to identify accused Avith Evan Bert Davies Avho married Mary Jane Rigby. Tt AA-as most essential that the first marriage should he proA r ed and the parties identified beyond doubt. There Avas no definite evidence that the Avoman named Maiy Jane Avas Mary Jane Rigby. However suspicious the circumstances might bo, the OA'idence failed ixr the essential proof. The jury found a A'ordiet of not guilty Avithout leaving the court room. Accused Avas discharged.