SINGULAR MARRIAGE STORY.

New Zealand Herald, Volume XXXIII, Issue 10079, 14 March 1896, Page 2 (Supplement)

SINGULAR MARRIAGE STORY.

NEW VERSION OF ENOCH ARDEN. Mr. John Wilkins petitioned, in the

Divorce Court, a few days ago, to have his marriage with the respondent declared null and void, on the ground that when he want through the caramony her first husband, Mr. George Rickard, was then, as now, alive.

Mr, Inderwick, Q.C., and Mr. Bargrave Deane were counsel for the petitioner ; and Mr. Bayford, Q.t)., and Mr. Farmim for tlje respondent.

| According to the opening statement the marriage took place at pevonport on March 13, 1565, the respondent beiug at the time described as " a spinster." It was, howover, known that she had been married before, but it was taken for granted that her firs?, husband was dead. Several children wire born. In October, 1874, there was a deed of separation, by wliicli provision was made for the wife, but the couple again came together. In ISS3 a final separation was brought about. On December IG, IS9-, the wife presented a petition for judicial separation; with the view, mi doubt, of gutting an increased allowance. The charge of adultery was traversed, and an answer wijs put in denying the validity of the marriage. At the trial several members of the family of Mr. tjeurue Rickard were called, and they stated tliat they had Been him about; but the jury, on January 18 Inst, found that on Marco 13, 1865, Mr. George Rickard, the respondent's former husband, was not alive. The nullity petition was withdrawn. The adultery of Mr. Wilkins was not denied, and a verdict wat taken on that part of the case, Shortly after that Mr. George Kickartl, the first husband, turned up in this country, and notice was givon of his having been seen. Inquiries were made, with the result that •Mr. Wilkins was satisfied that he was the man, and instituted tho prosent suit. Mr. Rickarc) went straight to his brother, who livod at Torpoint, and stayed there for some time. He had been in America for & great many years, and was now prepared to give evidence. After some argument George Rickard was called.

Mr. Bayford said that, in order to save the time of thp court, ho would be quite content to. have this witness' deposition, which had already been taken, read to the court.

This course was adopted. The deposition set out that Mr. Ooorge Rickimi formerly resided at Torpoiut, whore lie was a cappentor. He had live lin America for thirty yoars, and had been a carpenter all his life. He was born at Devnnport, and married Emma Hand in 1851 at Plymouth. The signature in the registry book (produced) was that, of his wife. About the year 1857 he sailed in the Indus to the West Indies, after which he went to the United States returning; to this country in the «uuimer o,

1853. Ho landed at Bristol, after which lie wrote to his wife, who stayed with him for one day. He then returned to the United States, she refusing to accompany him.

In cross-examination he admitted that while in the United States he passed by t|ie name of Waters. lie served in the Russian war. Ho had very good reason for not writing to his wife when he was away. Mr. Joseph Rickard, his wife, and other members of the family testified to the identity of Mr. (Jeorge Rickard as the first husband of the respondent.

Replying to Mr. Justice Barnes, Mr. Bayford stated that his client admitted having married a Mr, George Rickard, but she had no knowledge of the witnosg of that nam#.

Mr, Indenvjck asked for an order to set aside the judgment of the court on the first trial.

After considerable argument the matter stood over to be mentioned again.