ALLEGED BIGAMY

Nelson Evening Mail, Volume LXXII, 9 December 1938, Page 6

ALLEGED BIGAMY

CHARGE AGAINST A WOMAN A NELSON-MOTUEKA CASE A charge of bigamy was heard in the Magistrate’s Court this morning beforeMr T. E. MaunselJ, S.M., when Elizabeth Alice Duncan was charged with, on 17th May, 1928, having married Peter James Duncan and being on 7th October, 1936, then married she did go through a form of marriage with one Henry Adair at the office of the registrar of marriages at Motueka and did thereby commit bigamy. Detective-Sergeant F. Hayhurst prosecuted and the defendant was represented by Mr C. W. Thorp. Peter James Duncan, labourer, said he married the accused at Nelson in 1928. Her maiden name was Galey. The marriage had not been dissolved. The marriage certificate was produced. After the marriage they lived together for three or four years and then separated as a result of a mutual agreement. He had since maintained the two children. In 1935 he had commenced divorce proceedings, but they were never finalised. Lorrie Maud McCallum, registrar of births, deaths and marriages at Motueka, said she knew the accused and a man named Henry Adair, with whom the accused had been living. In 1936 Adair applied for a marriage license, the name of the bride being given as Elizabeth Alice Duncan. The condition of both parties was given as divorced, the date of accused s divorce being Bth January, €935. In October, 1936, witness performed a form of ceremony of marriage at the office between accused and Adair. To Mr Thorp witness said she would consider accused’s intellect to be below normal. Detective-Sergeant Hayhurst gave evidence that in November, 1938, he interviewed the accused at Motueka. where she was living with Adair. Witness informed her that an allegation had been made that she had committed bigamy. Accused made a statement which was produced, in which she admitted the first marriage. She lived with Duncan for three years, and they then arranged for a separation, and both parties signed the papers. She then lived with Adair for five or six years, and two children were born. Three years ago a solicitor served paper on her by which she understood that Duncan was applying lor a divorce. She heard no more and thought that everything must have been fixed all right She was satisfied that Adair believed she had been divorced. To Mr Thorp witness said in his opinion accused's intellect was very poor.

Mr Thorp said he would call evidence to show that the parties had every reason to believe that accused was divorced. He referred the Magistrate to points of law and precedent. He contended that the guilty mind was not there when the accused entered into the bigamous marriage. (Proceeding)