The Nelson Evening Mail. SATURDAY, DECEMBER 4. 1869. sUPREME COURT.

Nelson Evening Mail, Volume IV, Issue 284, 4 December 1869, Page 2

The Nelson Evening Mail. SATURDAY, DECEMBER 4. 1869. sUP REM E COURT.

[Before Jhis Honor Mr. Justice Richmond]. *'• 'BIGAMY.' '' Mr, H. Adams appeared for the prosecution and Mr. Kingdon for the defendant. Thomas Braithwaite was charged with having married, on the 16th January, 1868, at Charleston, one Elizabeth Alice M'Gee, he already being married, to Flora M'lunes, of Castlemaine, Victoria. C. Nedwill, a duly qualified medical practitioner, deposed that he had examined Mrs. Ann M 'lnnes (said to be the mother of the second wife), at Christchurch, and that she was too old and infirm to come to Nelson to give her evidence. On being questioned, the witness said that he was unable to identify the woman. y he, had examined as the one wbo had made the depositions before the magistrate at Christchurch. His Honor said that he was bound to tell the jury that the -case for the prose-' cution had! failed, as. it was a necessary preliminary to the reading of the depositions of Mrs. M 'lnnes to piove that she was too ill to travel. This, it appeared, could not be shown, and therefore he was unable to allow the depositions to be put in. >The Crown Prosecutor had said that, without this evidence, he could not propeed with the case, it therefore would be the duty, of the jury to return a verdict of Not, Guilty. The prisoner was then discharged. This concluded the business of the Circuit. .