SUPREME COURT.

Taranaki Herald, Volume LXVII, Issue 16614, 9 December 1919, Page 4

SUPREME COURT.

MONDAY AFTERNOON’S SITTING. (Before his Honour Sir Robert Stout.) CONCLUSION OF BIGAMY CASE. Tho case against Mary M'Lean was continued on Monday afternoon. John Spencer S. Medley, registrar of births, deaths and marriages at New Plymouth, produced tho register to show that he performed a marriage between HenncKson and Martha, rrcsion at his omce on March oi, UUG tic remembered marrying a Maori woman to a while man, out did not actually remember that accused was the woman. She made her mam. . His Honour drew attention to the fact that accused could sign her name. Cross-examined, witness said that, with regard to the charge ol making a false statement, tho particulars weio supplied by HenncKson. Witness read them over to the woman, who could speak English, and asked if thej ucie correct. She answered “>es. ' rto did not explain the meaning or the word spinster to her, as ho concluded she understood it. Cyril P. P. Ilenrickson, labourer, Inglewood, deposed that he had known accused since 1913, when ho met hci in Napier. They lived together at West Shore for a time, oho told witness she had been tricked into a marriage with M'Lean, that she had signed no papers, and that he had run away front her. Eventually she showed witness her “marriage lines” and said the paper was no good because she didnot sign her name. After accused him at New Plymouth she took her marriage certificate to Mr. Sam Jackson, Native interpreter, and told witness that ho said it was no good. Vi itness went to camp and when he was on leave he married accused, at her wish. Ho was against doing so. She made him get a special license, and she got the ring herself. In reply to his Honour witness said that accused was a Taranaki Native.

Continuing his evidence, Henrickson said he had seen accused write his name in full and her name, Martha, Cross-examined, Henrickson said that at tho time he thought his marriage with accused was legal. While away on service lie married again in England, and, after doing this, got the military authorities to fossick out the 'matter of accused’s position regarding marriage. The witnesses of tho marriage at New Plymouth—C. T. Rnndlc, land agent, and James Clarke, land agent—gave evidence. Constable B. Lapouple, Waitara, deposed that in an interview in Novem-, her of 1918 accused denied all know-, ledge of a marriage with Paul M’Lean. At a later date he was instructed to make further inquiries and, when shown a certified copy of the register regarding the marriage of M'Lean and Christian, she admitted that sho was the woman referred to. She also admitted that she went through a form of marriage with Henrickson at Now Plymouth. This concluded the evidence for the prosecution. Opening the case for the defence, Mr. Fitzherbert said that with regard to tho charge of bigamy, accused pleaded that she had reasonable grounds for behoving that her first husband was dead. Regarding the second charge, tho defence was that accused did not know the meaning of tho word spinster, and a second defence was that sho did not supply tho particulars to the registrar; they were supplied by Henrickson. Samuel J. Jackson, licensed Native interpreter and registrar of births and deaths of Natives at New Plymouth, deposed that he had known accused for a number of years. He did not think she would know the meaning of. the word spinster. He thought most of tho Natives know the difference between their form of marriage and that of Europeans to a certain extent, hut did not realise that a European marriage debarred a second marriage. Cross-examined regarding tho alleged statement of accused that he had said accused’s marriage certificate was no good, witness said accused gave him the paper when he was in a hurry and lie did not ever advise her whether it was good or not. Accused was then put in tho witnessbox. She gave it to ho understood that she did not understand the meaning of the word spinster. M'Lean drove her away from him on a boat just after their marriage and she did not see him again until tiio recent proceedings in court. .She married Henrickson because he asked her to and sho thought the other man was dead. Sho recollected that Mr. Medley read out a list of particulars to her, but she did not recollect hearing the word spinster. Cross-examined, accused said she did tell Henrickson that her marriage with .M'Lean was no good because sho had not signed her right name. She did not ask Jackson if the certificate was good or otherwise, but, at the request of Henrickson she gave tho certificate to Jackson. She did not give M'Lean particulars of her father and mother to supply to tho registrar before she married him, but sho did givo particulars to Henrickson. Sho did not tell him she was a spinster; he knew all about it, having seen the certificate of her previous marriage. Not having heard anything of M‘Lean since he drove her away she considered him dead. Sho married Henrickson because ho wanted ■ her to do so. She did not pester him | to marry her. Counsel addressed the jury. His Honour, in summing up, said that there was no doubt that accused had been married twice and had therefore committed bigamy. The only possible defence would bo that at tho time of the second marriage she had believed M'Lean was dead and that she had good grounds for behoving that. The jury retired at 3.45 p.m. and returned at 5.9. Accused was founfl not guilty on tho charge of making a I false statement, and guilty on the charge of bigamy, tho jury making a strong recommendation for leniency on the ground that accused was a Native. The prisoner was remanded until this morning. ALLEGED BURGLARY. YOUTH IN TROUBLE. Neville James Crozicr, aged 17, was charged with having committed burglary at Waitui on November 1, 1919, by breaking and entering the dwelling

of J. H. Lyon by night with intent to commit _ si crime, or, alternatively, with having unlawfully entered or been in that dwelling with intent to commit a crime; also with having committed common assault on Ethel May Lyon. Mr. Billing prosecuted and Mr. C. H. Ci-okcr appeared for accused. A plea of not guilty was entered regarding the first two charges, but accused pleaded guilty to the charge of common assault. In reply to his Honour the Crown Prosecutor said ho thought ho would have to go on with the other charges. The following jury was empanelled: A. B. Bullot, F. J. King. J. W. Bruce, A. M‘Hardy, L, IX Callaghan, L. Qredig, P. H. Mace, S. ‘U. Babb, 11. Looney, S. J. Smith, L. E. Hoffmann, G. T. Hampton. Mr. M‘Hardy was chosen foreman. The Crown Prosecutor, in opening tho case, said that on the night of October 31 accused attended a dance at Kaimata, a few miles from Waitui. Ho lived in a wharc on the property of Mr. Mackinder, about a quarter of a niilo from Mr. Lyon’s place, and when on his way, homo at about {Three o’clock next morning lie entered a bedroom in Mr. Lyon’s bouse and lied when an alarm was given. Ethel May Lyon, aged nearly 10 years, deposed that on tho night of November 1 she was sleeping in a room by herself. Tho windows were shut at the bottom and open a little at the top. About 3 o’clock in the morning she was awakened by a slight touch on her shoulder. She then

dozed, hut was again awakened by hearing heavy breathing in the room. At first she thought it .must be from some member of tiio family, and asked “Who is it?” Sho received no reply, and asked “Is that you, mum?” Again receiving no reply sho commenced to get out of bed, upon which someone sprang towards her and placed a hand over her month. Sho pushed the hand away and called for help. The person in the room then sprang out of the window and had escaped by tho time her father came. It was a man who had been in tho room and she saw him running down tho path towards tho gate. Tho window was then wide open at tho bottom. Tho blind, a temporary covering, had been pulled down at. one side. She knew accused by sight, and had spoken to him on one occasion, when ho same to her father’s houso. Cross-examined, witness said her window was about four foot from tho ground. She did not think Crozicr would know that this particular room was her bedroom. On the occasion she mentioned Crozicr came to tho house to get a quarter of mutton. On the some side of the houso as tho window of her bedroom there was tho window of a snare bedroom. John Holt Lyon, farmer, Waitui, deposed that he and his wife and family of four occupied a house of eleven rooms. About 3 o’clock on the. morning of November 1, witness, who had been kept wakeful by the passing of vehicles over the Makava Bridge, heard a muffled horrified scream from t ho room of his daughter, Elhel May.

Tliinking sue had nightmare he went to her room and sho said a man had been in her room. Ho was afc first sceptical, but sho drew attention to a smell of tobacco —those in the house wore all non-smokers —and ho also noticed marks on her face and neck. Witness and his two sons sea relied the grounds without result, and then went to Inglewood to get Constable Longbottom. The constable deposed that early the same morning he interviewed Crozior, who lie founu in bed at his wharc. Ho obtained from Crozicr a signed statement to tho cifcct that he walKod homo from the dance by Jihnself, and, oil reaching Lyon’s front gate, entered the grounds and got into the house through ono of. tlio front windows. A person ho took to he a girl was in bed and ho wont to tiio bedside and placed ins hand on her mouth when she commenced to call out. lie could give no reason for having entered the house. He had known the room was a bedroom because bo bad noticed this when passing .along tho outside of the houso a few weeks before. This concluded the evidence for tho prosecution. Mr. Crokor, for the defence, admitted that accused had done wrong by entering the house, but denied intent to commit a crime. Ho pointed out that tho onus of proving such an intention was upon the Crown, and quoted instances of boys and men having entered premises by night with no inumtiou to commit lelony. Ilk Honour summed up and tho jury retired at -1.56 p.m. After a retirement of 20 minutes tho jury returned with a verdict of not guilty on the two counts referred to it. Tho prisoner was remanded until this morning.

CHARGES OF THEFT.

ACCUSED PLEADS GUILTY. A pica of guilty was entered by Jack Johnston when lie had been charged on two counts wilh breaking and entering and theft in August last. In one case a gold wristlet watch (valued at £3 BE) and a money-box (containing -5s 3d) wore taken Horn tho residence of Frederick A Atis, and on the other a gold cameo biooch (valued at £1 15s) and a 10s banknote and other money were ta’Ten Iroiu the residence of William Allen.

The prisoner was remanded until this morning.

DIVORCE. M’ARTNEV v. M ARTNEY. Agnes M'Artucy (Mr. S. W. I itzherhert) sought divorce from Angus M'Artnoy (Mr. C. H. Weston) on the ground of desertion. Mr. * Vos ton said ho had been instructed to withdraw tho defence. Petitioner Reposed that she was married to respondent on June 2;, 1905, at Palmerston North. They lived at Palmerston North, at Nelson, at Wellington, and at Christchurch. About August, 1911, when they were at Christen u: -a, petitioner's sister and brother-m-mw a ere with thorn. There was a hit (i' a row and her husband left. Since then she had earned her own living, and for tho last six years had resided with her married sister in New Plymouth. A sou was born in April, ItXKi, and had been iu her custody ever silT’O. Evidence was also given by Robert May-all, of Fitzroy, the brother-in-law referred to. iiir. Honour granted a decree nisi, to bo made absolute in three months, with interim custody of the child. Tho court adjourned at 3-30.