[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (18)

[Petra Mitchinson]

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

 

CUMBERLAND SPRING ASSIZES. 

 

CROWN CALENDAR. 

 

BIGAMY. 

 

[continued] 

 

Mr. James LITTLE, writer, Annan.—I am a writer at Annan, and have had occasion to inquire into the law of Scotland respecting
marriage. According to the law of Scotland, that is a valid marriage, where parties give mutual assurances that they have taken each
other for man and wife, or do at that time take each other for man and wife, it it take place before witnesses, or is reduced to
writing, provided there be nothing like frolic in it; and provided the intention of parties to live together be unequivocal. The man
who officiates as priest on these occasions, is in the eye of the law of Scotland merely a witness. If they are serious at the time,
whether the parties live together afterwards or not, that marriage would be a good one. No particular form of words is necessary
that I know of—any words may be used distinctly expressive of the intention. 

 

Cross-examined by Mr. ALDERSON.—How long is it since you saw Mr. DIXON? I have received the subpœna within these ten
minutes.—Supposing two persons, at a drunken bout, were to contract, and not sleep together that night, nor cohabit afterwards, what
would you say to that as a Scotch lawyer? Then I should hold that to be no marriage.—On what grounds? Because I have known the case
decided. It would not be deemed a good marriage if contracted in that manner, if they lived together either publicly or
privately.—Supposing immediately previous to the ceremony it should appear that the man had declared his belief of its being a joke,
what then? I should still more hold it to be no marriage.—Supposing a person were to call a man to the door, and say, "Robert, mind
what you are about," and the other should say, "Shally-wally, it is only fun," and after that a marriage should take place? It would
be an additional circumstance in my mind to prove that it was a jest, and it would not be a valid contract.—Suppose one party
believes it to be a jest, and the other in earnest, and no cohabitation were to take place, what would you then say? That the
ceremony, in my mind, was worth nothing in law.—Suppose evidence were tendered before that Commissary at Edinburgh, (in a suit for
conjugal rights) immediately after the ceremony, would evidence of joke be received there? I think it would be received there. 

 

By Mr. PATTESON.—Supposing such a ceremony had taken place, and one of the parties had repeatedly declared that he was in earnest? I
think that would do away wilh the previous declaration of joke. Suppose the parties serious at the time of the ceremony, and express
an intention of not living together, on account of the opposition of friends, and were not to live together, how would that affect
the marriage? I should hold that to be a good marriage. 

 

To some further questions, Mr. LITTLE said, the 'Decisions of the Court of Session, collected by DAVISON and DOUGLAS,' was a
standard book; and that the case of Eleanor M'LAUGHLAN against Thomas DOBSON, a suit before the Commissary, carried to the Court of
Session (Fac. Dec. p. 8), was good law.—This book was handed in to his Lordship. 

 

John GRAHAM called.—He said he was not related to George GRAHAM. He was present at the ceremony, which, as far as it went, was
similar in form to that of the Church of England. All able to write were requested to sign the lines; HANDCLIFF, G. GRAHAM, and
MYERS signed; and PRINCE asked some questions about an i or a y in the spelling. He then, said witness, held up the lines with his
left hand, and I stepped up to see if MYERS had signed with an i or a y, and I thought I saw his name, in a scambling hand, spelt
with a y. The company was merry, but not drunk. When the priest asked for payment, it was agreed that as MYERS had not enough money
about him, he should pay 10s. 6d. on his return from Annan, or elsewhere. D. HANDCLIFF requested that silence should be observed
with respect to the marriage, on account of MYER's father. LANG said, all the laws of England could not separate them.—In his
cross-examination by Mr. ALDERSON, witness said that, to best of his recollection, LANG brought the pen and ink—it was on the table;
he did not know how it came there. He could not say whether LANG was drunk or sober: he himself was sober.—Were you as sober then as
you are now? I was never drunk in my life.—You are a very sober gentleman? I call myself pretty much so.—Robert MYERS slept with
witness, and went sweeping chimneys the next day. 

 

James DIXON, brother to Isabella DIXON, gave evidence to the same effect. At the ceremony LANG made the couple join hands; and when
it was over, ordered MYERS to salute the bride. When witness returned for Carlisle, with HANDCLIFF and PRINCE, Robert and Isabella
were "linked arm in arms." His sister did not get the shilling to give to LANG of Robert MYERS, because Geo. GRAHAM offered it. When
LANG asked who were the couple to be married, MYERS said, I am the man, and Isabella answered, I am the woman.—He swore positively
that he would have prevented the marriage if he could. 

 

Judge.—Why did you not? 

 

Witness.—I called the parson into the kitchen for  the purpose, but was interrupted. 

 

He, however, said nothing to his sister. A memorandum which he made at the time on the subject, he had entirely lost—he would swear
that he had not seen it for a month. 

 

By the Court.—MYERS's father has been dead some months; his death was known; and yet his sister still went by the name of DIXON. 

 

Margaret BELL.—My husband keeps an inn at Annan. At the latter end of July, 1822, I recollect a party coming to our house in the
evening. There was Geo. GRAHAM, Robert MYERS, two others whom I knew, and Isabella DIXON. The men slept at our house, all four in
one bed, because we had no more; Tibby DIXON did not sleep there; she went out. Next morning she came back to the company at our
house in the morning. MYERS went out early in the morning to his business; and then he came back to convey his company out. All went
together. Isabella returned a little before MYERS, about noon; and MYERS came back in less than an hour afterwards. MYERS desired me
to fetch a noggin of whiskey up stairs, and I did so. He bade me to sit down and taste the whiskey. He said, "Do you know that Tibby
DIXON and me's married;" he always called her by that name. I said, "Are you so, Sir?" I had heard it before, from George GRAHAM,
but not from MYERS. He said after that, "Tibby, take out the lines, and shew them to Mrs. BELL." She did so, and gave them into my
hand: they were partly printed, and partly written. (Mr. ALDERSON objected to any description.) As soon as I had got them into my
hand, MYERS said I was not to mention the marriage either at Annan or Carlisle, if I came there, because he said his father was in a
bad state of health, and might live, may be, a few days or weeks; and if he knew of the marriage, he might deprive him of part of
his property: therefore, he said, he did not wish it to be known; and that he laid the same injunctions upon Tibby; his father might
cut him off with a shilling. After his father's death, he said he would come to my house and have the hinder end of a wedding. I
have seen MYERS at different times, and he always said he would take her home to him. 

 

Cross-examined by Mr. ALDERSON.—You have known Isabella DIXON from a child? I have told you so before.—And you shall tell me so
again woman (warmly); and I will thank you not to be impertinent: but have you told me so before? I told the other gentleman so. She
did not think it singular that the bride and bridegroom should sleep apart; but it was rather singular that four men should sleep in
one bed, when there were plenty of beds in Annan. MYERS did not breakfast with the party in the morning; he went out about his
business—sweeping chimneys!—You were a stranger to MYERS, you say, had never seen him before, and yet he tells you of his marriage
by way of keeping it secret! 

 

 

[to be continued] 

 

 

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