[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (14)

[petra.mitchinson at doctors.org.uk]

Saturday 28 Aug 1824   (p. 2, col. 3 – p. 4, col. 5)
 
CUMBERLAND SUMMER ASSIZES, 1824. 
 
CROWN BAR: MR. JUSTICE BAYLEY. 
 
[continued] 
 
BIGAMY, 
OR THE TRICKS OF CHARLES SAMUEL CAVE, ESQ. 
OF THORNEY ABBEY, CAMBRIDGESHIRE. 
 
SAMUEL CAVE, 34, alias CHAS. SAMUEL CAVE, charged with having on the 25th of
March last, feloniously married Mary CAPE, in the parish of St. Cuthbert,
Carlisle, his former wife, Charlotte BINGHAM, being then alive, &c. 
 
His appearance in Court excited much curiosity, and the eyes of the numerous
audience were bent upon him during his arraignment. But so expert a veteran
in the crooked ways of the world, was not to be daunted by mere looks; he
kept up his countenance; returned the smile of curiosity with the leer of
impudence, and pleaded not guilty with an ease bordering on indifference. 
 
Mr. PATTESON opened the case, and Mr. COURTENAY addressed the Jury. The
prisoner, he said, was charged with the crime of bigamy, he having lawfully
married one Charlotte BINGHAM, and then, while she was alive and well,
married Miss CAPE of Carlisle. CAVE was perfect stranger in this city
previous to the offence with which he was charged. About the end of February
last, he arrived here by coach, from the south, and drove to the King's Arms
Inn, kept by Mr. DONALD, Miss CAPE's brother-in-law, where he took up his
quarters, and soon, by well-planned devices, contrived to spread for himself
a fame of great riches. His representation was, that he was Charles Samuel
CAVE, Esq. of Thorney Abbey, Cambridgeshire, the seat of a long line of
ancestors—that he had a dangerous pain of the heart which subjected him to
sudden and alarming illnesses, and he was come down to inhale the bracing
breezes of the north at the recommendation of Sir Astley COOPER. He played
his game like an old practitioner. In a short time he was poorly; then very
ill; first at church, where he excited the commiseration of many considerate
persons—then so alarmingly that he deemed it necessary to send for a
professional gentleman to make his will, in which he bequeathed large sums
of money and extensive property to various persons, and desired, should he
die here, that his body might be conveyed to Thorney Abbey, in order that
his dust might mingle with the long line who had there descended into the
tomb before him (a laugh). He did not die, however; on the contrary, he
rapidly recovered; so much so, that he soon fell in love with the landlord's
sister-in-law, Miss CAPE, a young lady of considerable personal charms,
unimpeachable character, and possessing a fortune of about £1000. In
consequence of his late display of wealth, he was considered an eligible
match by the young lady and some of her friends; but the parent, the mother,
on being consulted, wished for delay and inquiry. The result justified this
caution. But Charles Samuel CAVE, Esq. of Thorney Abbey, Cambridgeshire,
knew how to manage the young lady better than the old folks. He prevailed
upon her, and some of her friends, to accompany him to the circus, and while
there, they stole out, and set off for Gretna Green. Thither, however, they
were speedily pursued by her brother-in-law, Mr. DONALD, who arrived before
any marriage ceremony had taken place; but being put off his guard by CAVE's
assertion that they were actually married, they were enabled to accomplish
their purpose, and returned in triumph. On reaching Carlisle, the parents
were not satisfied with this marriage; they urged him to be re-married
according to the rites of the Church of England, and after much solicitation
they gained his consent, and the parties were re-married in the Church of
St. Cuthbert, Carlisle, which marriage constituted the offence, now
prosecuted. His refusal, in the first place, might thus, perhaps, be
accounted for. The Jury would probably remember that at the last Carlisle
Spring Assizes, a long discussion took place in respect to the validity of a
Gretna marriage on the trial of a prisoner, in this very Court, for Bigamy,
and that he escaped on account of the difficulty of establishing such a
contract. Mr. CAVE, of Thorney Abbey, was present, and paid particular
attention to the trial; and hence it was, the learned gentleman thought he
might say, that he would rather have trusted to the summary process of the
Scotch border, than the more tangible procedure of the Church of England. He
was, however, remarried, as had been said, on the 25th March, 1824; and in a
very short time was found out to be a rank impostor. Instead of Charles
Samuel CAVE, Esq., of Thorney Abbey, Cambridgeshire, and a long line of
paternal ancestors and great possessions, he was a poor pretender—a man who
had served others in the same way that he had served Miss CAPE—namely,
destroyed her peace, and blighted all her prospects. Instead of being a
gentleman, a man of family and property, he turned out to be a swindler—a
journeyman cooper at Wisbech, not worth a shilling.—Mr. COURTENAY proceeded
to call his witnesses. 
 
James WARDEN called.—I live at Wisbech, Isle of Ely, Cambridgeshire, and
know the prisoner CAVE; he lived there as a cooper in 1820; we did not
reckon him to possess any property whatever. I knew Charlotte BINGHAM in
1820; I saw what is now shewn me taken from the parish Register at Wisbech.
On the 3rd July, 1820, I was present when the marriage with Bingham took
place, and signed my name to the Register, witnessing all the ceremony. They
lived together at Wisbech seven or eight weeks, and then left it together. I
again saw Charlotte BINGHAM on the 24th June last, in London, and had a deal
of conversation with her. 
 
Cross-examined by Mr. JONES.—The copy was made by one MEDCALF, a lawyer at
Wisebech [sic], and it was compared word for word—I made the necessary
comparisons, and can undertake to say it is a true copy. C. BINGHAM was a
servant before she was married; she was about 26. I heard them asked in
church. She had perhaps known the prisoner three years before she married
him; I never heard any thing against her character; and they lived together
as man and wife, and went to Fenny Stanton. I I [sic] came here to give
evidence on the application of Mr. MEDCALF of Wisbech. I never had a quarrel
with CAVE. 
 
Re-examined.—In the Register, part of the words copied is printed, and part
written. 
 
Wm. TATE.—I am parish clerk of the parish of St. Cuthbert, Carlisle, and
produce the registry of the marriage of the prisoner with Mary CAPE. I was
present; prisoner is the man who was married. 
 
Cross-examined by Mr. JONES.—I never saw CAPE [sic] before he was married,
but have seen him since—I saw him at church on the Sunday following. There
were present at the marriage, Mr. DONALD, Mr. GLENDINNING, Mrs. DONALD, &c. 
 
Re-examined.—I have no doubt whatever of the prisoner being the man. 
 
By Court.—I have not seen the prisoner in gaol. 
 
WARDEN re-examined.—On the 24th June, I found Charlotte BINGHAM in service,
in Union-street, Borough, in a respectable house. 
 
 
[to be continued] 
 
 
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