AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLVI, Issue 14159, 7 September 1909, Page 6

AUCKLAND SUPREME COURT.

AN UNCONSCIOUS BIGAMIST. A MARRIAGE IN TASMANIA. Is- response to a charge that on October 2, 1907. he did commit bigamy at Auckland, a man named Wm. Whogan, alias Hogan, tendered a plea of guilty at the Supreme Curt yesterday. Mr. J. K. Reed, who appeared for accused, said there were certain matters he desired to place before the Court in mitigation of punishment. When 24 years of age accused was in Tasmania. He was a labouring man, and went to town to spend a holiday. He had a considerable sum of money, and was engaged in what was generally known as "knocking down his cheque." He had only known the j woman he married for three days. Ac- ■ cused was drunk at the time of the mar- J riage, and was not aware at the time, that he was married. There was corroborative evidence of this in the statement of the cabman who drove him to the ceremony. Another extraordinary circumstance was j that though both the parties were Roman j Catholics, the ceremony was performed by | a Baptist clergyman. Counsel pointed j to the fact of the friends of the woman j having had accused's name altered from Hogan to Whogan. on the certificate, as indication of their short acquaintance with j him. Accused lived with the woman tor five or six weeks, and then came to New Zealand, travelling on the steamer under the name of Hogan. He had got em- j ployment as a mill hand with Parker, Lamb and Co.. ... on arrival, Lamb and Co.. immediately on arrival, and had been employed by that firm since. The woman he had married followed him to Now Zealand, but subsequently returned. Accused was under the impres- j sion that the marriage was not a valid one, ami he accordingly -contracted a second marriage. No secrecy was ohserved by accused regarding it. Accused knew the. woman for three or four years, i had walked out with her for the best part of a year, and was publicly engaged, for a year. The banns were proclaimed in a Roman Catholic Church, printed in- j i vitations were sent out for the wedding, and 250 guests were present. All the time relatives of the woman with whom accused had gone through the* ceremony of marriage in Tasmania were living in Auckland. Accused lived here for two years after the marriage, and nothing was said. Then he received a letter from a brother-in-law of his first wife, asking accused to call on him, and making certain threats. Hogan did not go, and in consequence the police were informed. Counsel would put Mrs. Hogan into the box, and she would say that her engagement with accused was perfectly open, and that her husband informed her of his associations with this woman. Counsel called the woman with whom Hogan contracted the second marriage, who described him as a good husband, and expressed her intention of sticking to him. He also called Mr. M. Casey, of the firm of Parker, Lamb, and Co., and Mr. W. A. Thompson, a city councillor, both of whom gave accused an exeellont character for industry and integrity. Mr. Tole said the evidence taken in the lower Court showed that the act of accused was quite deliberate. He pointed out that the only witness who supported the allegation that accused was under the influence of liquor at the time of his first marriage was tho cabman, who said he could walk. Accused had been known in Tasmania as Whogan, and had recognised the woman he married in Tasmania as his wife and maintained her. When an inquest, was held on their child he appeared as the husband of tho won an, and in that capacity tried to have her committed to an asylum. The judge said he would pass sentence on Thursday morning.

FALSE PRETENCES. Win. Jflfi. Courtney appeared for sentence on charges ot' false pretences. Mr. Thome laid before the Court fact-' as to accused's drinking habits. The Judge said accused had in 1907 got three months' imprisonment at the Magistrate's Court at Gisborne for theft. He would on this occasion lie sentenced to 18 months' imprisonment. BREAKING AND ENTERING. When Walter Carter appeared for sentence for breaking, entering, and iheft, His Honor observed that this was accused's first- conviction, and if his character had been good lie would probably have been admitted to probation. Accused, however, did not appear to bear a good character, but in the hope that it might lead to his reformation a light sentence would he passed. He would bo sent to gaol for six months. ABANDONING A CHILD. Joseph Mansfield Horn is ton was charged with unlawfully abandoning his child. Mr. Reed, who was instructed by friends of accused to appear for him, said that Homiston was in a. very delicate state of health. His wife and he had been endeavouring to reach America, and the reason for abandoning the child was that accused thought the care of it would probably be detrimental to his wife's health. The offence was not one calculated to injure the child. Every care was taken to leave it in a place where it would be readily found. It was well wrapped up, and placed in a room of the Newmarket railway station, where it was found shortly afterwards. » The offence was really one against the public, in throwing on it the care of the child. The mother was quite ignorant of the abandonment, believing that her husband had succeeded in efforts he had made to have it adopted. Accused was remanded for sentence till Thursday. A LEGAL ARGUMENT. Argument was heard as to the admissibility of certain evidence given during the hearing of the charge against Charles Rolton of committing an offence. on a young girl. His Honor remanded accused till Thursday.