A BIGAMY CHARGE.

New Zealand Herald, Volume XLVI, Issue 13983, 12 February 1909, Page 6

A BIGAMY CHARGE.

VERDICT OF NOT GUILTY.

TANGLED SKEIN UNRAVELLED.

Tiik story of a chequered marital career was told at the Supremo Court before Mr. Justice Edwards yesterday, when Albert Ernest Trail, aged 59, was presented cm a charge of bigamy. He was defended by Mr. J. R. Lundon, and pleaded not guilty.

The Hon. J. A. Tole, for the- prosecution, informed the jury that on March 4, 1890, the prisoner married Elizabeth Katherine Maloney, at Auckland, and on July, 1903, while his wife was still alive, he wont through the. marriage ceremony with another young woman, at the registry oflice, Coromandel. When arrested, he admitted that he had been previously married, but said that ho had been told that his wife was dead. He had also told the Coromandel girl that ho was not certain that his wife had died.

A sister of the original Mis. Trail gave evidence concerning the marriage, and said the prisoner and her sister had parted 14 years ago. Chief-Detective Marsaek said that when arrested the prisoner remarked, "I was expecting something like this, but 1 don't call it bigamy, as I had not seen my first wile for 10 or 11 years, when I married the second." The prisoner further stated that a peddler had told him his first wife was dead before the second ceremony.

A witness named John Huntley gave evidence as to personal acquaintance with the prisoner's first wife, who was still alive, and with whom he had been living for about 14 vears.

The young woman who participated with the prisoner in the second marriage ceremony was called as a, witness. She had not been living with the prisoner since unpleasant trouble had arisen some time ago. When she first met him, he told her that ho had not been able to marry, a young woman with whom he had been living for some years, because his first wife was alive. This person died at the Auckland Hospital, in 1908. The prisoner was placed in the witnessbox. He stated that he had been employed until recently as a Government engineer in the Thames district. Fourteen years ago he parted from his first wife, owing to trouble arising over the witness Huntley. Their two children, aged 17 months and three months respectively, were left with him. and from that trine until August last, when he met Huntley at OnelniTiga, ho kid neither seen nor heard of her. The prisoner had received a sentence of a month in connection with an alleged assault, on a Chinaman, and since his release trouble had occurred between him and his .second wife, and they had not been living together. The Litter instituted proceedings for the maintenance of his children, and it was while he was under arrest in connection therewith that a charge of bigamy was threatened. Prior to his second marriage he stated his case to a lawver, and was told that he could safely take another wife.

To Mr. Tole : He had not been certain whether his first wife was actually (load. His Honor, in addressing the jury, said they had to decide whether the prisoner, when he was married a second lime, had reasonable grounds for believing that his first wife was dead, also whether it was reasonable to believe that he had not known of his wife's continued existence for a period of seven years. Either ground of defence, if upheld, would protect him. "It seems likely, nevertheless," continued His Honor, "that he did not make any definite inquiries, because lie was anxious for seven* years to go by without hearing anything of his first wife, so that ho could marry a second time."

After an hour's retirement, the jury re- i turned a verdict of not cuiltv, and "they ! were discharged until 10 o'clock this morn- I mg. i