[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (16)

Mon Jul 22 12:24:12 UTC 2024

Saturday 13 Mar 1824   (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)

CUMBERLAND SPRING ASSIZES. 

CROWN CALENDAR. 

[continued] 

BIGAMY. 

ROBERT MYERS, aged 29, was put to the bar, charged with feloniously marrying Mary JOHNSTON, spinster, on the 2nd of November, 1823,
in the parish of St. Mary, Carlisle, having previously married, on the 29th July, 1822, Isabella DIXON, spinster, at Gretna, in the
parish of Gretna, in Scotland, his said first wife being alive at the time of such second marriage.

The prisoner came to the bar with confidence as to the result. He pleaded Not Guilty. 

Mr. PATTESON conducted the prosecution. Messrs ALDERSON and AGLIONBY were for the defence. 

The trial excited great interest in the minds of the lower classes of our population; and the court was exceedingly crowded.-MYERS
is a wealthy master-chimney-sweeper, resident in Carlisle; the alleged first wife is a weaver. 

On the motion of Mr. ALDERSON, the witnesses on both sides (34 in all) were ordered out of court during the trial. 

Mr. PATTESON addressed the Jury and stated the nature of the prosecution. In all countries, he said, some form of marriage was
deemed to be necessary, and without the observance of that form, no marriage was considered valid. It is a part of the law of
England, that a marriage duly solemnized out of England is a legal marriage in England. In the first instance, MYERS married in
Scotland; and if he (Mr. P.) succeeded in proving that marriage good there, it would be also good here; and any second marriage in
England involved the crime of bigamy, which was a felonious offence. The law in Scotland, he apprehended to be this-that when a
couple, who can legally form an union, appear before witnesses, and acknowledge each other husband and wife, that is, ipso facto, a
lawful marriage. Perhaps his learned friends would contend that something more was necessary; that they ought to have cohabited
together. He thought this was not the case. If he was called upon to shew that they had long lived in one house together, he could
not do so, and he stated this in limine; but he should show that they had cohabited in a certain sense, and that would be enough. He
understood the other side contended that the Scotch marriage was a mere drunken bout, and nothing but a joke. But he would prove
that it was no joke, and that they were not drunk. He should shew an after-acknowledgment that he had married her, that she was his
wife, in the presence of two persons in Scotland; and this of itself would be a valid marriage, for by the law of Scotland it was
not necessary that clergymen or magistrates should witness the ceremony. He would show that he had afterwards repeatedly
acknowledged her as his wife, and stated the reason that they did not live together, namely, from a fear that his father, who
possessed considerable property, would be angry: that they had repeatedly slept together in a house after his father's death;
further, he would show that the prisoner was subsequently married at St. Mary's, Carlisle, and having done all this, the jury would
have no alternative, but be obliged to pronounce a verdict of guilty. If, however, he failed in this or any part of it; if there
were doubt, he should be perfectly satisfied if the prisoner had the benefit of that doubt. 

Geo GRAHAM sworn.-I am a weaver in Carlisle, and know the prisoner Robert MYERS, and also Isabella DIXON; I married a sister of
her's. Before July 1822 (three years ago last Easter Monday) MYERS came and wished me to go to Gretna with Isabella DIXON and him,
in order that they might be married. I consented; but my wife would not let me go, and I did not go. He said it might be put off
till the races following, and they would go then. I did not go. Afterwards he frequently asked me, and I would never consent to go
again. On the 28th of July 1822, I saw MYERS on a Sunday; I was going to America the next day. We went from Carlisle on that day, to
the new cast-iron bridge over the Esk, where he had appointed to meet John GRAHAM, Edward RIDLEY, and myself; we three were going to
America: there were present also, James DIXON, Richard Johnson PRINCE, Daniel HANDCLIFF, and Isabella DIXON; we met MYERS at the
bridge. We went on to Geo. IRVING's, where we had 2s. worth of liquor, and some bread and meat. On the road to Gretna, I said to
Robert MYERS, "You have often been for coming to Gretna; you had best get married now, for perhaps you will not see me again." He
consented-he said he was agreeable, if Isabella was agreeable. She consented; she said she was agreeable to be married. Some of the
party were two or three yards off, and some nearer during this conversation. I can't say whether they heard or not. When we got to
Gretna Green, we saw a young man named WILSON, and I called to him to come to me-the prisoner was close to my elbow-and I asked
WILSON if he knew where LANG lived. He said yes; and I desired him to go and tell LANG to come, for we were going to have a
marriage. He went. LANG came; and asked which was the couple about to be married, and Robert MYERS and Isabella DIXON were pointed
out to him. He asked if they were single: they both said "Yes." LANG then pulled a pocket-book out of his breast, and wrote upon a
small piece of paper, which he returned to the book, and put it into his breast again. He then commenced the marriage form at
Gretna-I can't recollect all that he said-but there was something about "better and worse." MYERS and Isabella were sitting close by
the side of Mr. LANG; and after he had got through half the ceremony, he ordered us to kneel down and pray; and after the prayer he
performed the other part of the ceremony, bidding Robert MYERS and Isabella DIXON to take hold of hands. They did so. He asked the
prisoner if he took Isabella DIXON to be his lawful wife? Prisoner said, "Yes." Then he asked Isabella DIXON if she took the
prisoner to be her lawful husband? and she said "Yes" also. After the ceremony was finished he asked who was going to sign the
marriage lines-he asked Daniel HANDCLIFF that question, who replied that he would sign them (the prisoner was close by), and I
signed as the other witness. I gave Robert MYERS the pen, and he also signed himself. 

Mr. ALDERSON.-Does your Lordship think we can go into evidence of this signature. 

Judge.-All that appears is that he signed a paper. 

Then Robert MYERS gave me the pen, and I signed for Isabella DIXON, she making her mark, not being able to write. After they had
done signing, LANG took up the lines and gave them to Isabella DIXON, observing that the bride generally made him a present. She
said she had no money; and asked me for the loan of a shilling. I gave it to her, and she gave it to Mr. LANG. He then told MYERS to
take the bride round the neck and salute her, and he did so. Then they sat down; LANG said nothing more than that he wanted some
whiskey to drink.-Who said so? The Old Parson (a laugh). We then had a gill of whiskey, and LANG was the first person who drank out
of it. The ceremony began as soon as we entered; and when it was over, MYERS said he did not rue any thing he had done. In a short
time the whole of us left the house, and proceeded on our journey to Annan. On the road, he desired me to write him from
Philadelphia; and if his business (chimney-sweeping) was good there, he said he and Isabella would go thither. He went on to Annan
with us that evening. I knew the prisoner's father; he was a chimney-sweeper in Carlisle; he is dead. Prisoner said he wished the
marriage to be kept a secret, on account of his father being poorly, for fear he might cut him out with a shilling. He said that
would be very hard, as he (prisoner) was the one that had helped to make the money. During all this ceremony, the prisoner was
sober; I was so myself; but I cannot speak for others. 

[to be continued] 

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