[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (15)

[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. 
 
BIGAMY, 
OR THE TRICKS OF CHARLES SAMUEL CAVE, ESQ. 
OF THORNEY ABBEY, CAMBRIDGESHIRE. 
 
[continued] 
 
Hector GLENDINNING.-I was present at the marriage between prisoner and Mary
CAPE, subscribed as a witness, and gave away the bride too-if she was one!
(A laugh.) 
 
Cross-examined by Mr. JONES.-What are you? A blacksmith.-You don't come from
Gretna Green, I suppose? No, but I am a relation of his. (Loud
laughter.)-Miss CAPE occasionally acted as waiter at the King's Arms. 
 
Mr. GLENDINNING had by mistake said, in cross-examination, that he was one
of the persons who coaxed and persuaded the prisoner to marry Miss CAPE; but
as soon as he discovered his error, he rejected the idea with disdain: "Not
I, not I," he exclaimed, "I don't know that any one coaxed and enticed."
Though he was father-giver in Carlisle, he was not present at the Gretna
Green match. 
 
The Registry of the marriage, as proved, was put in and read-Samuel CAVE,
widower, was married at St. Peter's Church, Wisbech, to Charlotte BINGHAM,
by banns, by the Rev. Mr. JOBSON, on the 3d of July, 1820, in the presence
of James WARDEN and William NICHOLLS. 
 
The Registry of the marriage with Miss CAPE, at St. Cuthbert's, Carlisle, on
the 25th of March last, by the Rev. S. HUDSON, was also put in and read. 
 
The prisoner declined saying any thing in his defence; and called no
witnesses. 
 
Mr. Justice BAYLEY summed up.-An attempt had been made to instil a belief
that Charlotte BINGHAM was profligate at the time of marriage, which had not
succeeded; but if she had been ever so profligate, that was no reason why he
should ruin another woman. The Gretna Green marriage was nothing in this
case; that at St. Cuthbert's constituted the offence. The case was too clear
to admit of a doubt;-if his Lordship knew how fairly to state a doubt, he
would do so, but he confessed he did not. 
 
Verdict, Guilty, without hesitation. 
 
The prisoner, who till this moment had maintained his confidence of
acquittal (for he flattered himself up to the eve of trial that he should
escape), now began to change countenance, and flag a little. 
 
He was then arraigned on another indictment, charging him with having
married Sarah KENT, widow, Charlotte BINGHAM, his former wife, being at that
time alive, &c. Again he pleaded not guilty. 
 
Mr. PATTESON and Mr. COURTENAY also conducted this prosecution and Mr. D. F.
JONES again defended the prisoner. 
 
Mr. WARDEN repeated the testimony he gave in the first case. 
 
Cross-examined, he said Charlotte BINGHAM, whom he found in the Borough,
went by that name, having dismissed the name of CAVE. 
 
Wm. ORAM.-I am a shoemaker residing at Whitchurch in Hampshire; I first knew
CAVE in Aug. 1821; knew also Sarah KENT. They were married by license; I
went with prisoner to get it, I lent him part of the money, and a coat to be
married in-the very one I now have on my back! The license was got on
Saturday; they were married on the following Monday; and Sarah KENT was
afterwards called Mrs. CAVE. What is now shewn me is a correct copy of the
marriage, taken from the Register of the parish church of Whitchurch.
Prisoner is the same man. 
 
Cross-examined.-The writing of the Registry is that of Mr. YALDEN, the
curate. A person went with me (Mr. FREEMAN) to compare the copy with the
original. Mrs. KENT was a widow. Two persons named NUTTLEY were both alive
when I left Hampshire. CAVE followed the trade of a Cooper; I visited him
after the marriage, and often saw them together. 
 
By the Court.-She had one child by him before they left Whitchurch. Her
friends were very respectable, and worth some money, no doubt. 
 
Mr. G. SAUL, attorney, Carlisle, called, proved the prisoner's apprehension
and committal in Carlisle. He had seen him not an hour previous. 
 
Cross-examined by Mr. JONES.-The prisoner was not taken upon this charge. I
am employed by the Trustee of the young lady. I expect to get allowance from
the county, otherwise to be paid by him. 
 
By the Court.-I saw him in less than an hour before he was taken, and within
a quarter of an hour after he was in custody. 
 
Attested copy of Registry put in.-Charles Samuel CAVE, married Sarah KENT,
widow, by license, Sept. 4, 1821, at Whitchurch, in the presence of William
and Mary NUTTLEY: clergyman, Rev. B. G. PURVIS. 
 
The prisoner again declined saying any thing in the way of defence. 
 
His Lordship said this case was likewise a clear one. There was no person
here who was present at the marriage; but an attested copy of the Registry
had been produced, which in all human probability was a record of a real
fact. Yet, in order to give this Court jurisdiction, it had become necessary
to show that the prisoner was apprehended in this county. Mr. SAUL had been
called; he did not see him apprehended; but he saw him in less than an hour
before, and within a quarter of an hour afterwards, so that there was not
time in the interval for him to have gone out of the county and
return.-Verdict, Guilty. 
 
Mr. COURTENAY tendered evidence to prove that the pretences under which Miss
CAPE was trepanned into the marriage were all false and cruel. 
 
M. [sic] Justice BAYLEY.-I shall put it out of his power to marry again very
soon in England. 
 
Mr. Justice BAYLEY immediately passed sentence. "You have been found guilty
on two indictments (said his Lordship) of offences of a very aggravated
description. You first married in 1820, and pledged yourself, in the face of
God, to support, cherish, and maintain your wife till parted by death; in
1821, you marry a widow; and in 1824, you come here, and consummate your
crime, by marrying a respectable young woman, and destroying all her
happiness. Your's is therefore an aggravated case, and the Court sentences
you to Transportation beyond seas for seven years. 
 
 
[to be continued] 
 
 
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