TECHNICAL BIGAMY.

New Zealand Herald, Volume LXII, Issue 19158, 26 October 1925, Page 13

TECHNICAL BIGAMY.

THE- CARSWELL EXCUSE. CASE BEFORE THE JUDGES. COURT DEFERS ITS RULING. [HY TELEGRAPH.—PRESS ASSOCIATION.] WELLINGTON. Saturday. In the Court- of Appeal this morning in the'case of Rex v. Cars well, judgment vrfes adjourned until the 1526 sessions, Sir Robert Stout, who had his judgment V ready, dissenting. Bigamy and the making of a false statement' to' the registrar of marriages were charges preferred against Thomas C'arence C'arswell in the Supreme Court. Auckland, last February before Mr. Justice Herdman. Mr. Paterson said the facts were not disputed by accused. His first marriage took place in July, 1901. In 1920 ho commenced divorce proceedings against his wife on the grounds of dessertion. but she filed a counter petition and secured a decree nisi in 1921 Carswell then went through the form of marriage with another woman on' October 10, 1922. The divorce was, however, not made absolute until December 18, 1922. Accused described himself as a bachelor in the marriage papers. Giving evidence accused said that three mouths previous to his marriage in October, 1922, he advised his solicitor to attend to the completion of the divorce. Witness paid the sgal expenses a month before the marriage and assumed that the decree had been" moved absolute as, he Sjfid, his solicitor had advised him that everything was satisfactory. Since the granting of the decree absolute witness had legalised his marriage. His Honor said the question of the admissibility of the excuse of " action in good faith " should be referred to the Court of Appeal. The case was important and a ruling was desirable.