A CURIOUS CASE.

Oamaru Mail, Volume I, Issue 303, 13 April 1877, Page 4

A CURIOUS CASE.

Una Auckland correspondent of the Dttnedin Star telegraphs the following particulars of a curious ease to that Ml:Id tha Supreme Court, John Pyke, telemptumt, 'was charged with stealing from k house belonging to R. M'Donald, a sewing-machine, a portmanteau, and other article* "valued at £l7 10*r. The prosecutor nuaried Emily Rodgers in Sydney in 1873. In 1874 he came to Auckland, went from Auckland to Napier by himself, where hie wife joined him for a few days. Witneaawent into the country to took at * note], hairing his wife at Napier, and when |t« returned front the country to Napier Me wife had left him, talcing his money. On October 26, 1876% she came to km a* Wattefcauri, begged him to forpre her, and asked him to take her back, which hie consented to do. They lived together for two or three days at Paori, and he told her he had no place to keep her at Waitekauri, bat that she should go to Grahamstown, get some furniture, take a house, and make herself comfortable. Be gave her £7 10s. and authority to get furniture. He went back to Waitekauri, and again came tt» (Jrahamatown on the 25th December, when he found his house locked, that the bed had been stripped, and a number of household articles taken away, among: other things a leather port* manteau and a sewing- machine, which was bought shortly before leaving him at Napier. Witness further depesed to seeing the sewing-machine and portmanteau in a noose in "Chapel-street, Auckland, where hie wife and prisoner had been lodging. M*Donald, through prisoner's solicitor— Mr. Bees—made strange disclosures. He confessed that he was married on the 16th of August, 1873, in Sydney, fey Dr. Lang, when he described himself as a widower, although he had never been married before. He described himself thus because he had lived in Scotland with a woman named Sarah Elizabeth Draper. That was the only stain upon his character. If not dead, she was certainly dead to him. He knew Sarah Elizabeth Duverness; site passed as Mrs. M'Donald. His wife left Ann first in Auckland, but he die! nob know the reason. She left a third time in June. 1874, and was away twenty-two days. He did not tell Mrs. M'Donald that he had another wife living, and that he had sent for tier from Scotland. He was not aware that his wife was married to Fyke. He knew that she was living with a person, and that she went to Poverty Bay in a great ragt>, and there married Fyke, as she showed him the marriage license. He was astounded ; as he wad her lawful husband.—Emily Rodgers, alia* M'Donald, was called, and deposed that her name was Emily Pyke.—Mr. Race objected to her being examined, as she was the wife of the prisoner, and cowld not give evidence.—Mr. Hesketh said the marriage most be proved.—Mr. Recs put in Ohm marriage certificate.—His Honor •aid if the were examined, it would be hi* duty to warn her of the possible consequence. He must leave the matter to the Judgment of counsel. It seemed the only way of getting the prisoner out of his difficulty, but he should caution her that in answering any questions she should not criminate herself. In answer to Mr. Hesketh, sh« said her name was M' Donald and her maiden name Rodgers, but now Fyke. She was married to M'Donald in Sydney, and knew the prisoner, who was charged with stealing a sewing-machine. She saw M'Donald in October, 1876. He Kve her £2. She went to reside at Shortad, and got goods there from one Cook, paying him £5 on account with Fyke's money.—The letters produced in the course of the trial were very amusing, and •at the Court smiling. They showed how foolish a man in years may become in connection with a young, giddy wife. In one part he expatiated on his " Dolly's charms. and hoped to live for ever in her arms." Another passage referred to "the prospect of a baby, when the sewing-machine would make way for a baby's cot—an extra tie to the connubial knot." The case occupied about six hours, when his Honor intimated to the jury that the evidence was insufficient to found a conviction on, and the jury at once returned a verdict of Not Gouty. The prisoner was at once discharged, and immediately left the Court with Mrs. Fyke arm-in-arm in triumph.