ONE TOO MANY?

New Zealand Times, Volume L, Issue 11659, 25 October 1923, Page 7

ONE TOO MANY?

MAN CHARGED WITH BIGAMY WHEN IS A WIFE NOT REALLY A WIFE ? SUSSEX AND WELLINGTON. A plea of “innocent” was extended by a middle-aged mar. named diaries Edward William Phillips, a fruiterer, at the Magistrate’s Court yesterday, when before Mr E. Page, S.M., ho was charged with bigamy in that he had on October 25th, 1916, married Elien Ivcse Peterson, at the Registry Office, Wellington, having on June 3rd, 1908, gone through the ceremony of marriage with Laura Elizabeth 'Corney, at the Parish Church, Lyminster, Sussex, England. Chief Detective Kemo appeared tor the prosecution, Messrs C. A. 1,. Treadwell and D. S. Smith watching proceedings on behalf of the accused and his wifo respectively. Opening the case for the prosecution tho chief detective explained that Phillips had married his first wife in England in June, 1908. In 1910 or 1911 he came to tho Dominion. Hero he kept in touch with his wife whom he had left in the Old Country. In October of 1916 ho had married a Mrs Peterson. “Photos of his wife and the certificate of tho marriage have been shown accused,” went on the chief detective, “and he admits that he was one of the contracting parties of the marriage. He also admits that a statement signed by his second'wife is in her own handwriting.” Formal evidence was then called by the prosecution to prove the second marriage of accused and certain laws appertaining to marriage laws in England. Upon Ellen Rose Petervaon, whom Phillips had married in New Zealand in 1916, being called, objection was im mediately raised by Mr Treadwell, who uobeld that she was the lawful wife of Phillips until ho was convicted cf bigahy. “Tho man is innocent until he is proved guiiity,” said Mr Treadwell, “and the onus is on the Crown to prove that his marriage with his first wife is subsisting and has never been terminated.”

The chief detective: Immediately I prove a valid marriage, the onus is on the defence to prove any invalidity. His Worship intimated that although he would mark counsel’s objection Me evidence would he allowed.

Accordingly evidence was proceeded with. ■ Witness declared that before her marriage to Phillips (two children had followed the . union), she whs a widow, having previously married -> man named Peterson. Prior to her second marriage accused had told her in England that he was a widower ami that his wife had died of pneumonia. The forma I evidence of Detective Murray concluding the case for the piosecution, counsel for the defence entered a plea of not guilty, and reserved defence. Bail was allowed.