GUILTY OF BIGAMY

Wanganui Chronicle, Volume 73, Issue 440, 4 December 1930, Page 7

GUILTY OF BIGAMY

COURT SHOWS LENIENCY CERTAIN CONDITIONS IMPOSED. [Per Press Association.] NELSON, Dec. 3. At the Supreme Court a charge of Ligamy was brought against -John Charles Rumbles Topp. After two hours’ retirement, the jury returned with a verdict of guilty, with a strong recommendation for mercy.

Air Justice Reed, who presided, ordered accused to come up for sentence if •called upon within twelve months, imposing •certain stipulated conditions.

Witnesses testified to accused’s good character in New Zealand, the police stating that he had answered all questions openly and frankly. In summing up, his Honour .said the case was important from the point of view of accused and also important to the community. It was important to the community because of the danger of people coming from distant countries and by concealing the fact that they had been previously married, practically destroyed or injured the lives of young girls of New Zealand. It was an important question from the social point of view, and it was for juries to fix a standard of reasonable care that should be exercised in inquiring as to a former wife’s death. After explaining the law dealing with bigamy, his Honour said the jury would have to determine whether they consi</cred the letter which accused said he had received from his first wife's sister, announcing his wife’s death, had ever existed. If they came to the conclusion that the whole story was a makeup they would need to go no further. If. however, they considered that the letter possibly existed, then they had to consider whether accused honestly believed in the truth of the letter on reasonable grounds, and there came the function of the jury in settling the standard of care which should be exercised. The jury returned with a verdict of guilty with a strong recommendation for mercy. The foreman stated that the jury was agreed that accused had received the lotted from “J,” but that he had not used reasonable care and judgment to prove the death of his first wife on receipt of the letter. On hearing the verdict the wife of accused collapsed and was carried sobbing into an ante-room. Counsel for accused made a plea for leniency. His Honour, in passing sentence, said he was very glad that tho jury had done their duty in this matter, regardless of the sympathy which one must feel for the unfortunate second wife. At the same time, it showed that juries, as far as this place was concerned, wore not prepared to allow a man to come and make the simple excuse of having had a letter without making further inquiries, and then going through the form of marriage while his wife was alive. His Honour went on to say that he did not propose to send accused to gaol or to grant probation. but would order him to come up for sentence if called upon. “Aly reason for doing this,” added bis Honour. “Is that I propose to sec that you do the right thing by this young woman, and therefore you will be ordered to come upi for sentence rny time within twelve months on the following conditions: —I—Payment 1 —Payment of the costs of the prosecution (£lO 13s) to be paid Tn two half-yearly instalments, tfnd that you take immediate steps to obtain a divorce from your first wife and marry the second. If that* is done witain twelve months you will hear no more of this matter.”