JACKSON CASE

New Zealand Times, Volume XLIV, Issue 10355, 12 August 1919, Page 6

JACKSON CASE

A “CAUSE GELEBRE” RETRIAL AFTER AN APPEAL. ACCUSED ACQUITTED ON THE FACTS. ■What has become a cause celebre was dealt with by tho Supremo Court in criminal sessions before Mr Justice I Edwards and a jury yesterday. The I case was that of Michael James Jackson, who was charged with bigamy. It ' received distinction from the fact that jon a point of law tho accused had been acquitted on tho ground that section 224 of the Crimes Act relating to bigamy was ineffective, inasmuch as it referred to offences beyond the New Zealand seas and local offences being included the whole section was bad. Tho Appeal Court had decided that the separability of tbe section was not sound. Local offences, it decided, could still bo disposed of in the ordinary way. When the case was called on Mr P. S. K. Macassey announced that ho appeared for the Crown, while Sir John Findlay, K.C.. with him Mr P. W. Jackson, were for tho accused. The charge was that on January 31st, 1912, the accused married- Martha White at tho Registry Offico, Wellington, and on January Ist, 1916, he wont through tbe form of marriage with Gladys May Morris at the Sacred Heart Basilica, Hill street, while his wife was still alive.

By arrangement between counsel evidence formerly given was accepted. Tho depositions - of the accused regarding his first wife was that he took her off the streets, she was addicted to drink, and there was no evidence after two years to show that she was alive at the time of his second marriage. i

Plain-clothos Constable Russell gave evidence as to tlie first wife being of bad character and a heavy drinker. Sir John Findlay then addressed the jury. He stated that the circumstances in . which the prisoner m«* Martha White were that he was in charge of a gold mine 38 miles from Blenheim. He led a very lonolv life. He came to Wellington in 1911 to see his directors and met White in the streets, A rash im- ' provident marriage ensued at the Registry Office. Accused determined to do his duty by .the woman, hut on going to the Waikato to manage Barrett’s sheep station ho found that she was drinking and had committed adultery with three different men. When ho charged her with her misdeeds she said that she was married to a fisherman in England and he could “go to the devil.” She then cleared out to Auckland. Then she took a room in Wellington with a Mrs Nightingale and afterwards wired the accused asfcmg him to come back, promising reform. Accused came to Wellington and set about finding a house in tho suburbs,’ but she wanted to live in the «ty. Ho got work at the gasworks and for a little while things went all right, except that he could not. break her of her drinking habits. On one occasion ho found his wife and a man together under compromising circumstances. Ho thrashed tho man and told his wife what he thought of her character. She determined that she would leave the accused. She went away and he took proceedings, by way of divorce about five years ago. The divorce proceedings drifted on and he went to do his work as a station manager. Then he met a young lady who presented herself as a suitable prospective wife, and he set to work to find traces of the woman ho had previously married. Ho had frequent communications with the police on tho subject without result, and believing that she was dead and in any case that she had been previously married in England, he explained tta whole of the circumstances to his fiancee and prospective father-indaw, and a marriage was agreed upon. The present marriage had been of the happiest i character. \

Evidence* was given by the prisoner in support of the statement of counsel. Mr Macnssey submitted that the proof of a prior existing marriage rested on the prisoner, and this had nCt been accomplished. . ‘ The jury returned a verdict of not guilty, and tho accused teas discharged.