Author Topic: Penalty for bigamy in NSW in 1871?  (Read 883 times)

Offline Jang

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Penalty for bigamy in NSW in 1871?
« on: Tuesday 09 July 13 05:47 BST (UK) »
Does anyone know the penalty for committing bigamy in NSW ca 1871?

I've found the newspaper account of Jane Smith's committal for trial in 1871 in Mudgee but can't find a followup article giving the verdict. She had a son William Smith who was supposedly born in 1874 in Geelong (!) but I think she was covering up his actual birth which probably took place ca 1871/2 - maybe in prison.
England:
Durham: COULSON, FENWICK, HUNTER, LOWES, NAYLOR, ROBSON
Norfolk: DEWING, OUGHTON, TAYLOR,
Lancashire: TWEDDLE
Ireland: KEATING, KIRBY, Limerick; NELSON, Donegal
Scotland: BENNIE, Glasgow; COOK, Renfrewshire; HENDERSON, Alloa/Dundee; HUNTER, Glasgow; KIRKWOOD, Alloa; LAMONT, Dalkeith; YOUNG, Glasgow
Switzerland: VOSTI, DELUBINI
Census information Crown Copyright, from www.nationalarchives.gov.uk

Offline majm

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Re: Penalty for bigamy in NSW in 1871?
« Reply #1 on: Tuesday 09 July 13 07:01 BST (UK) »
I am usually reliable on these types of questions.  However, I am not home at the moment, so I cannot get to my offline resources.   What I can confirm though is that quite often the test for bigamy that the courts applied meant that the outcome was "not guilty".  Thus very few resulted in time behind bars.

http://www.aifs.gov.au/institute/seminars/finlay.html

You may find the above link of interest, at least for background information.   

Cheers,  JM
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Offline Jang

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Re: Penalty for bigamy in NSW in 1871?
« Reply #2 on: Tuesday 09 July 13 08:19 BST (UK) »
JM, thanks for the link - very interesting info.

I forgot to mention that Jane's first husband, William Lancaster, was in Darlinghurst Gaol at the time, and was produced at her committal trial. Can't argue with that evidence :-)
England:
Durham: COULSON, FENWICK, HUNTER, LOWES, NAYLOR, ROBSON
Norfolk: DEWING, OUGHTON, TAYLOR,
Lancashire: TWEDDLE
Ireland: KEATING, KIRBY, Limerick; NELSON, Donegal
Scotland: BENNIE, Glasgow; COOK, Renfrewshire; HENDERSON, Alloa/Dundee; HUNTER, Glasgow; KIRKWOOD, Alloa; LAMONT, Dalkeith; YOUNG, Glasgow
Switzerland: VOSTI, DELUBINI
Census information Crown Copyright, from www.nationalarchives.gov.uk