GUILTY, BUT DISCHARGED.

New Zealand Herald, Volume LX, Issue 18551, 8 November 1923, Page 11

GUILTY, BUT DISCHARGED.

A MATRIMONIAL TANGLE. UNUSUAL SUPREME COURT CASE. The unusual happening of a man pleading guilty to an offence and a few minutes later being discharged occurred in the Supreme Court yesterday in the case of William Thomson (Mr. Macdiarmid), who admitted, before Mr. Justice Stringer, a charge of leaving New Zealand without the permission of a magistrate while, payments under a maintenance order were in arrears. Counsel stated that he personally knew more about the facts of the case than anyone. There had been very grave domestic trouble between Thomson and his wife, and four and a-half years ago a separation order, coupled with maintenance, was made at Pukekohe. Accused bore aif exemplary character, and apart from the domestic trouble nothing could be said against him. In 1922 he was granted a decree nisi, and he left sufficient money in counsel's hands to pay maintenance to the date upon which he assumed the decree would be made absolute, for which he had made arrangements, and which he understood would be in December, 1922. About that time, continued counsel, accused was in an extremely nervous condition, and he alleged that when he left New Zealand he was in such a state that he felt it safer to go away from hi* troubles. At Geelong he contracted a marriage with a woman who was very devoted to him. That marriage possibly was bigamous; it depended on his bonafides. He was extradited and had waited the last two months to come before the Court. Meanwhile counsel had negotiated a complete settlement with Mrs. Thomson for all past and future maintenance. A sum of £1200, partly in cash and partly in securities, had been transferred to Mrs. Thomson; part of that money and one security had been found by th'a woman with whom Thomson had contracted the irregular marriage. Course! submitted that it would be in the interests of all parties if accused wore allowed to return to Victoria as speedily as possible and re-marry. The papers were all lodged in Hamilton Supreme Court, and, there could be no doubt the decree absolute would be made, probably at the December sitting, as) counsel for Mrs. Thomson would consent.

Mr. Meredith, for the Crown, said that Mr. Northcrof counsel for Mrs. Thomson, had told him satisfactory arrangements had been made and that he was perfectly statisfied everything had been done as he required. His Honor said the object was to prevent men evading their obligations to wives and families. The case before him was, however, one in which he would not subject th& man to any punishment. The ends of justice would be met by simply discharging him'. Mr. Meredith said there had been certain expenses to the Government authorities.

Mr. Macdiarmid said accused had been " pretty well cleared out " in making the settlement. Counsel would, however, give an undertaking to pay the amount involved. His Honor then discharged accused.