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Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, May 19, 1827, Image 1

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LITABARY CADAT AND RERODAUSHAND STADRED
VOL. 11.
LIVRBEALY 0.D8%
AND - 1
REODE ISLAND STATHSMAN,
PUBLISHED WIDNESDAY AND SATURDAY MORNINGS, BY
" SMITH & PARMENTER,
No. 9, Market-Bquare, Providence, R. I
TEBMS.-FOUR nofi..u per annum, To those who pay in
I"'O‘:‘: A yeur, & deductnd of "'l.ly Oruts will be made. Bingle
"HM! ~m"u¢m must he addreised 10 the publishers, post
“. “u. . . ) t y
PROVIDENCE STAGES.
TBE tostom and Providence Cominercial
Line of Scages, will until farther netice,
leave Prov:dence for Hoston, every day, Sun
day excepted, at half past 7 o’clock in the
morning. Bools kept at Wilder’s.
may 12.
CRANSTON POST.
N H . subscriber respectiudly wtorms the
T public that ke bas put on the Warw «k,
Soituate and Cransion Roads, a Post Coach,
whieh will ron thronzh the following vitlagos
snd by the ‘lunosgturing Establishments o,
the Hope Company. ' Juckson and the Fisk.
ville, Scitunte, Arkwrizht, sud Hareis, Coveatry,
Phoenix and the Li;pitt, Warwick, from thence
to Providence. Th» Coach will start every
Wednesday and Saturdae, at 7 o'clock. A, M.
from the lon of Georyge Scott, Cranston, and will
leave Munroe’s Inn, culling at the Hoylp Tavern,
Providence, on the same duys ul half past 3
o’clock. Fare 75 cents to eilher of the places.
Puseen-ers who 3o only one way will he charg
ed 42 cents
GEORGE SCOTT, Proprictor.
april %5
S2OO RTWAR?D.
AS there 's every reason to suppose thatthe
late fire 'n Olney lle, winch conspuned the
Miry *“ BrowN GeonaGi,’” was the act ofan
incendiary; the above reward of 200 Dollars
will be paid to any person who +i!l give infor
mation whereby the offender or offenders may
be brought to justice.
JAMES N. OLNEY.
Providence, may 12.
Leghorns, Artificial Flowerd. &c.
B & G v, ayion N o darket-square,
o nave recerved itom New- York, and wy
open this morning, an ext- si ~ ussortmeat -t
rich, fuucy and stu,n!r;\l)ltY GOODS,
' [O,
1 case very superior l.eghorn Bounets and
Gipseys; Artificial Flowers; 1 case Irish Lin
ea, of » superior bleach; 1 case Parasols; tash
ionable, plain and watered Bonnet Ribbons ;
Secersuckers; Cote Paly ; Merino and Cashmere
Shawls; Battiste Cravats; Brown Linen and
€Cotton Cumbricks or Bonnets ; white Counter
panes ;: black Bo'iuinet Veils; white watered
and plaio Groo de Naples; Lace Collars, very
cheap ; plaid Gros de Naples; Grecian Stripes;
Willows, &c.
Mavy 9. 6W.
GFEORGY WHITING,
CHAISE AND HARNESS MAKER,
81 ,WEYBOSSET-ST. PRO IDENCE, R. I
WILL furnish at short notice, New and
\ Elegant CHAISES ,of the most ap
xroved patterns, of any colour that may be
esired, and will warrant them equal in every
respect to those built in Boston or elsewhere.
He has constantly on hand a variety of Har
nesses, Trunks, Riding S:ddles, Bridles and
other articles usually called for n his line of
busjhess, which he will sell on very reasonable
terms.
Trimming of Carriages done in the best
nner. Also second hand Carringes and
::mems cleaned and repaired at short no
tice, Varnish:ng, &e.
For specimens nf his work, purchasers are
reuo_lted to call and examine for themselves,
ay 5. eoptf,
OPAWTU KET HOTEL,.£9
NORTH PROVIDENCE, RHODE-ISLAND.
THE subscriber respectfully gives no
tice to his friends and the public, that
he has taken the large, spacious and conven
ient (lOTEL in Pawtucket, which has recent
ly been put in complete repair, and is furnish
ed in the best manner.
It is mituated about 4 miles from Providence,
’.')n\of the most ple.sant mnnufucturing vil
lages "in the New-England States, and the
road from Providence, which pisses through
this place, as 1= well known, is without a par
allel in tne Northern States. Different lines
of Stages pass and repiss to and from Provi
dence almost every hour in the day.
The 'Pim aresque and delightful Fallsin front,
andin full view of the Hotel, render the situa
tian one of the most pleasant imaginable.
The Bar will be constantly supplied with the
hest of L.quors, and ‘the Table furnished from
the choicest selections of the market.
By constant experience in the business dur
ing the last eight yearsin houses of the first re
?cnhi‘lity in Boston, and by an earnest wish
please, he hopes to render his establish
ment both profitable to himse!f and satisfacto
ry to his patrous.
Good and convenient Stables are connected
with the Hotel, and careful and confidential
attendants will alwavs he in readiness.
SAMUEL T. EDWARDS.
-Pawtucket, may 5.
FLAGG'S DENTIVRICE,
Prepared and sold (only) by
€. 8. Jartee.
DRUGGRIST AND CHEMIST,
No. 14 1-2 *lrflunntu-nu::r. Provia
: veEnce, R. 1.
FGR many, the daily use of tle brush »nd
eo'd water, o all that s roqairad to keen
the teoth in parfert order; but imost ~ommonl
to e.fact thus purposa, the use of dentifrice nf
soma sort is feund to be ind'spensible. W %
regard to the use of 2 brnsh, 1 moderately sti!l’
one shoald he emplosed. The Igeth should be
brushe ! moraing wnd evening, but more parti -
ularly in the mocning with ~o!d wer. The
Pawder should he ased as often as three (ines
8 weok, taking care to-rinse the mouth tror
mlv aflter its arphcn;iou. Five minutes or
e should be 4 ligently spent at each opera
tion of <leaning the teeth,
Price % conts per Box. may B
Y*AROVIPENCE.
CrericAL MamiresTo.—ln a religious pa
per published in this town, called the Messen
ger, a clergyman, whose name it appears is
Ira M. Allen, has issued a manifesto, in which
he announces his benevolent intention of visit
ing the town, in a few days, to lay us under
contribution: and lest our pockets should not
be open to receive his pious fingers, when he
reaches us, he has taken time by the folock,
and issued his manifesto, wherein he very
kindly anngunces his intended visit.
From the published article which bears his
name, we proceed o make a single extra.t,
merely to let the people know what they may
depend upou, when the gentleman shall have
arred among us.
“And notw:ths cading the clovds of ad- er
sity, which have howered ovei i, and the dis
tressing vicissi'udes 10 which (he Missioniries
have been exposed, it present its prospects
are becoming wiore bright, and the future cir
cumstances of the Missionaries promise to be
more comfortable and secure Bu the funds
for the support of this Mission ne low, and
sums o a considerable amount for the erection
of buildings, in addition to the ordinary sup
port of the Missionaries, must soon be remit
ted to that distan* and benighted region.
In view of these facts it 8 confidently be
lieved that an enlighiened and Christian pub
lic will be both prowmpt and liberal te aid our
invaluable Missionaries in Burmuh, engaged as
they are in a most arduous, self-denying, and
pious wor's of enlightening the ignorant, and
winni g souls to Christ,
In a few days the subscriber anticipates the
Floasure of a personal interview with many
riends in Providence and other places, when
he intends 1o make a full developement of lis
object ; and he trusts, it will mget the:rr en're
approbation and receive their most cordis/ nd
hearty support. IRA M. ALLEN.,
We certainly will not undertake to dictate
the public, relative to the making of donations,
and shall leave every one to judge for hin.elf,
relative to the subject. But we hope, that the
reverend gentleman, when he comes .mong
us, will not be enahled to carry away any of
our surplus funds; «nd f we have any to spare,
we trust that those who hold them, will «ppro
priate them to promote the happiness and
comfort of our own indigent population.
Whilst our State is destitute of common echoolse
we are not aware, that we are justly call
ed upon, to establish them in the Burman
Empire; and whilst we have hundreds and
thousands, in our own country, who are
languishing under all the ills and evils of
misery and distress, we do not think it advisa
able to transport our means across the Atlan
tic, to carry on nno_Quimtic schemes, and to'
support in indolence a band of religious crusa
ders.—lt will be perceived by the manifesto of
the gentleman, that he does not modestly ask
aid, but says he must have it. ““The king wants
seamen and he mnst have them.”” - When the
gentleman arrives among us, he will, as he
says, honor us with a call individually, and do
us the favor, to receive our cash. How ex
ceedingly obliging!—SBhould hé make a public
exponition.of his designs, we shall with pleas
ure, present them to the public as soon as |
practicable. |
INTempErRANCE. We ought to have ac
knowledged at an earlier date, the recep'.on
of the well written essay of *“ Vox Populi,”
on the subject of the proceedings of a respect
able society of citizens, who have asso.itted
for the purpose of putting an end to the Vice of
intemperance. The essay, partakes largely of
good sense, and pungent sarcasm, but as we
are weary with the subject of which it treats,
we must, for the moment, decline publishing it.
The views of the writer, are in unison with our
own; and we are happy to find that we agree
with so sensible and agreeable a correspondent.
The essay is carefully laid aside; and should
occasion require it will be published hercafter.
If intemperance can be suppressed, in heaven's
name let it be done; but we do not think, that
the course pursued by those who are engaged
in the cause, will be productive of any good.
Since the subject has been agitated, the vice
has gained ground, and many who are not in
the habit of drinking, have got merry and mel
low, at the expense of their cash, and the
cause which has been conducted with more
zeal than discretion. If the people ure really
disposed to suppress intemperance, let them
use their surplus funds in purchasing and ad
minstering Doctor ’hambers’ Prnacea.
New 'ranslation.—The Naional Garette
announcesthe appesrance of a new transla
tion of the French Novel of the Towers of
Helvin, by M. Keraty, a mnember of the ("ham
ber of Depuiies from the Depurtment of Finis
tere. The translator is a Philadelpbian. The
original is a spirited and favorite produ~tion.
Embarrassment of an Actor.—One of the
principal actors in the Comedie Francaise,
stopped short in a tragedy at this passage,
“[ was in Rome, and there——-"'
It was in vain he began over and over again
two or three tines. 1!. could never catch the
thread of 4is part. At lengih, finding there
was no wvay of getting on, and (hat the pro.ap
ter, either through stupidity or panic, was
leaving him in the lureh, he darted a fierce
and haughty look at him, exclaiming in a tone
of indignity,
“ Spaak ! dolt ! and tell me what Idid in Roma 1™
The National Journal savs a rnthmnn of
Virginia has written a fashionable novel, en
titled the ** Wanderer in Wasliington."'
- Mr. Grommer, in New -Hampshire, wae fin
ed one the wand do'lar;, and"no hail to keep
,"lvic“p.o.ucq for six months, for ‘‘ebusing his
w
PROVIDENCE, SATURDAY MORNING, MAY 19, 1827,
ABDUCTION OF MISS TURNER.
[ Concluded from our last.)
Miss TukNER was now called, and the very
mention of her name excred an unusual sensa~
tion in the ¢ ourt. She wus led into the wit
ness box by ber father. Yer appearance was
exceedingly prepossessing. Her counienance
had an ingenuous, bland express.on, pcculiuly
indicative of a confiding, generous disposition.
She wad dressed with sinple elegante, and her
manners gayve evidence of those qualities which
dLuthguis?n the young ladies of the present day,
who receive tle best education, and move n
the first society. She gave her evidence in a
modest, unembarrassed manner, and her ace
cent and tone of voice were very agreeable,
and remarkably fiee from provincialisws., Be
fore he witne«s «was sworn.
Mr, Scariet! begged that she might with
driw, and tion coniended, that-as she was the
Fowhul wife of My, W.kefield, she was not a
competont witiess ogawmst him, He therefore
proposed to tender eviden e to prove that, by
the lov and custom of Scotland, she was his
leg 1 wife, and he coniended he was now en
titled 1o call that evidence.
After some argument on the admissibility or
madmiss bility of her evidence,
Mr. B:ror Ilullock said that it was by no
means clear, that, even supposing her to be
his wife, she wae not a competent wiiness, and
begged Mr. Scarleft to confine his u?ument to
that int. Upon ‘he whole, he thought it
v\'m.l.r:)e better to all M:ss Turrner, and pro
ceed with her evidence, leaving it to be here
after dea!t with »s nmnght be conaidered expe
dient by the ¢ ourt ahove.
Miss Turner was then placed in the witness
box, and in answer to the interrogatives of
Sergeant Cross, she said lam the daughter of
William Turner, of Shr gley Park. 1 went to
gchool in the month of ¥eb. or the beg nnipg
of March, 1826. Oun the 7th of that month 1
was told by Mise Daulby, that I was to go to
Manchester to meet mv papa, and from thence
to-Shriglev Par.; 1 no v Miss Greenway; J be
lieve she quitteds-lnol on account of her fath
er’s diffieultics, I went to Manchester; a per
son came into the room whom [ never had
seen before, he 1 Mr, Kdward Gibbon Wake
field; T was rising 1o leave the room when he
requested me not to go; he said, “1 am
commanded by cour papa to take you to him;
that I mught be sure no slight circumstances pre
vented my papa from commng himself; it was
the state of Yn's affairs that prevented him,
which he would afterwards explain. 1 said
it was on account of wiainu’s liness that Iwas
sent for home. He replied, the contents of
the letter were no‘ true. The letter, he said,
was written because Miss Daulb: should not
know why [ w 23 sent for. 1 don’t dist nctly
recollect whar place he said iny papa was at,
at that time. He then told the servant to tell
the other gentlernan to come n. I don’t recol- |
lect any thing particularly that was said, I
was not introdu~ed to him, but he spoke of
him as his younge- brother, it was flr. Wil
linmy Wakefield I bhad never seen cither of
them before. I then stepped uito the carriage.
I did so, because I thenght 1 was going to be
taken to my father. We went to Maliu., Ms.
William &akefield and the servaut went
with us. Edward G. Wakefield said, if he did
not find a letter or Mr. Turuer there, they
must go on to Kendal. We nent there, I had
no other obie t n going there but to find my
rnpa at Kend:l. Mr. E. G. Wilieteld read a
etter at the window. His brother looked over
it, but did not see it. He told me my papar was
gone forward. At the next stage, he said he
had received a letter, communicating the
state of my father’s alivirs. He said Ryle and
Daintry’s bank and another had failed—that
my Fapn had been nearly ruined, but that an
uncle of Lis had lent my pap»r £60,000, which
had relieved him for he presei’ ; and ihat the
Blackburn bank had sim<e lied, and hLis af
fiirs were n a worse stafe than they were be
fore, and ihat his uncle had demanded ihe se
curity of the Shrigley estates, and that my pa
pn might perhaps be turhed out alre:dy. He
said it had been suggested by Mr. Grimsditch
that he should be my hushand, and then the
estates would be mine.—This passed between
Kendal and Carlisle. He frequently said he
was desirous of knowing what conclusion I had
come to. I answered that I should see papa
at Carlisle, and then could give him my an
swer. He also told me that my fither had
crozsed the Border, and that the officers were
after him. When the carriage stopped at
Carlisle, they both left the carriage. They
were not away half an hour. I had been
travelling since 1 left school, and had been up
all night. Just as we were leaving < arlisle,
William Walkelield said he had something to
communi-ate, of importance to his brother,
and pulled vp the windows., I did not expect
to see iy pana at Carlisle, but over the bor
der. Walkefield said he had seen him nd Mr.
Grimsditch at Carlisle. That they were in a
back room and he had told him that he had
made two attempts thai dayv to cross the bor
der between England and Scotland, He suid
the persons wiom I bad scen round the car
rivge door were Sheri’s officers, and that Mr.
Grimsditch had entreated Mr. Wakefield not
to stay in the room, or they would be discover
ed, and that he had turned him out. He said
my papy had requested him to heg of me, if |
aver loved him, not io heatate not to hesi
tate to marry Mr. Wakefield. ! consented,
occanse 1 thought my fither would be ruined
i did not. We shortly after arrived in Scot
land, ind there Tagain consented.
Cross-examined by Mr. Scarlett.—l went
tirough the ceremony of marriage. A ring
vas gven me which vas too large, and anoth
er was ohtaine ! I helieved I was his lawful
wife «t that time, and was of that opinion, un
u!' T s otherwise informed at Calais. I
wrote u letter to my mother in the name of
Wakefield, y '
Re-examined by Mr. "Sergeant Cross.—Mr.
E. G. Waukefield jictuted the letter.
His lordship expressed his npininn that no
inti‘:‘nidauon amounting to force had been
used.
Mr. “ritchley called.-—ls brother-in-law to
Mr. Turner: was in a room at Calais with Mr
E. G. Wakefield, when M. Grinsditch was
noi in the room. Witness agked him how he
could commit so fagrant and cruel an act as
that of carrying away o ck'ld whém he had
never geen. lfl- admitied thie he had never
soe « her vmiil ho went ‘0 Marcuyester. That
he teard her spoken of at the house of Dr. Da
vies ns being a fine girl, and one of the first
fortunes in '1:0 country, and Le said he had de
te'minud 1o possess bimsc!f of hor,
Crosg-exammed. - Witne s to!d her that the
marriare was void, +nd she said, thank God
for it; T am glad of it
George Heaton dapased to the letter signed
“ Ainsworh, " “being in e handewriting of
MrE. G 'uhcf.,l&. ‘v ‘her withess de-
dto the hapd writing of Miss Davies, and
gf‘fa'lo\\'ing letters were then read :
Mise Davies to Wilhiain Wakefield.
* Sunday Morning.
* Dear Wilham.—Mr. Turner did not come
doivn the night you left; it was a mistake.
My father saw Myrs. Critchley ym:dax;.d who
secas very kindly disposed; but she did not
know what her brother’s feelings would be.
Perbaps Edward or Madame ought to write to
her'touching tender cords. The old uncles
have been written to by her wish. Miss Daul
by Las not written to Shrigley, but Miss Tur
ner (the nioce) wrote to her yesterday.
This is all Mrs. Critchley’s information to my
father.—E er, .Iwgys ‘your’s, I. D.
‘s You must not let a foolish account of the
aflair get into the papers, it would much an
noy Turker I am sure.”
Miss Davies to R. Randall.—(No date)
Dear Sir,—~l am greatly obliged by your
kindness in sending the paper. I will thank
you to send me on a line, fieclcd P. 0. Bux
-I€y, io worrow, whete T shall be. 1 wish to
know whether Williamn is in England. 1
heard yesterday there would be & warrant for
him, and also a hint that search would be
made in Pull Mall for' papers, &c. I knew it
would have been awkward to you to have any
which were committed to your care brought
forward, as it might implicate you. If you re
ceived a communication which might surprise
you, you will know the reason. I feel many
obligations to you; and am, dear sir, most
faithfully, I. D.
““ Mr. Randall 34 Pall Mall.—Private.”
Miss Davies to R. Randall.
Postmark Congeton; (London delivery mark,
May 21.)
“ Mr. Randall, in which it is well known con
fidence can be placed, is requested to take care
that the enclosed is safely delivered as soon as
possible. A newspaper ils also sent for Mr.
Walkefield. If there could be any means of
preventing the paragraph in the Courier insert
ed, and ufso one wh'ch may have appeared in
the Macclesfield Herald, from fimfi:g their
way to the public London papers. The para
graph in the Courier is in fact, the only objec
tional one. Mr. Wakefield himself would ob
ject to an interference with the papers, and
thercfore it is left to Mr. Randall’s discretion.
The letter to Mslle. Blanc, under Lord. B.’s
cover, to be forwarded as soon as possible.
““Mr. Randall, 84, Pall-Mall, Lond.--Imme
diate.”
This closed the case for the prosecution.
Mr, Scarlett submitted there was no case to
go to the Jury. Mr. Baron Hullock thought to
the contrary, although the evidence against
Frances Wakefield was slight.
Mr. Scarlett then rose to address the jury for
the defence. He said, before I address my
self to the facts of the case, there were some
circumstances adverted to by my Learned
Brother at the commencement of his address
to you, which require from me a Kaniculu ob
servation. My Learned Brother has expressed
an opinion that the cause hassutfered material
ly by the absence of a Friend [Mr. Brougham]
of ours, who conducted the case at the l:st
Assizes. Subscribing asl do, most cordially,
to the opinion of that Right Honourable Gen
tleman having distinguished talents, 1 beg most
distinctly to guae nt from him when he asserts
tha! the case has suffered by the absence of that
Rizht Hon. Gen!. I believe that not only is
wmy Learned Friend as capable to do full jus
tice to his clients as that Learned Judge was.
Having made these observations, he would
call the attention of the Jury to the case be
fore them. In the first place, he contended,
at considerable length, that there was hardly
the slightest evidence against Mrs. Wakefield,
and he thought that any body in Macclesfield
might just as well have been included in the
indictment as that lady. Now, as to the oth
er parties. Had the charge against themn been
confined to a mere conspiracy to take Miss
Turner from school, nmr the indictment had
not contained other counts of a very extraor
dinary nature, he should perhaps have made
very few observations on that part of the case.
He wisned that his Learned Friend bhad not
called the lady as a witness. He should have
been glad to have been relieved from the neces
sitv of making those remarks upon her con
duct, and the transaction, which he would now
be compelled to offer. The real character of
such a transaction, was, in a great dégree, de
termined by those circumstances which shew
ed whether the marriage had been brought
about by compulsion, or with the free consent
of Miss Turner. The evidence which he should
lay before them would be very short. First, he
would call their attention to the description
which had been given of Miss Turner by those
acquainted with her. She had been described
to be a clever girl, a person of quick apprehen
sion and sagacity. Could such a person have
been deceived in the manner which it was at
tempted to be shown she had been? When at
Manchester she had known that the horses’
head had been turned to Oldham, and not to
Macclesfield, and yet it did not appear that she
had requested any explanation of that circum
stance? From the conduct of Mr. E. Wake
field, at Calais, no inference oughtto be drawn.
He had been assured that this marriage with
Miss Turner was illegal, because she had been
upder the age of 16 years, and being no lawyer
he had ucted under that belief. He had then
dons what every man of honour under such
circumstances would do—he had endcavowed
to do every thing in his power to remedy the
misfortune which he had been the cause of
Nov, it did appear to him, (Mr. Scarlett,) and
he wished to be understood as expressing no
satisfaction at the fact, that the marriage be
tween these parties had been clearly a legal
marriage, and such he should endeavour to
show it, But that the young ladx had concur
re!in promoting the marriage from the first
stage from Manchester down to the period of
the marriage itself, he should show by incontrg
vertible evidence. He would bring witnesses
who would Tank to her appearance and be
haviour at almost every stage, and most of
those witneases had been examined rmvioualv
by the agents for the prosccution. They would
show, that, from the first stage fromn Manches
ter, Miss Tarner had been full of gaiety and
alacrity, and that she had never ceased ex
pressing her pleasure and satisfaction, Those
who saw her would tell them, that they never
wituessed in any person a greater degree of
cheerfulness cndyJoy. It would be proved, that
hofore the marriage, she bad sat vpon M.
Wakofield’s knec, and that she had goue
throngh the ceremony, not only without reluc
tanve, but with an alacrity and impatienee scl
dom witnessed even at the place where her
m.rrmge had been cekbrnws. The evidence
would go on to show, tha' after the mnni;ro.
the same behaviowr had been exhibited by Miss
Tarner; that ehe® had displaved the same joy,
that at Calais she hadibeen hanging vpon his
arm in the most atfectionste manner, and that
up to the pariod of their s.paration, they had
been, as one of the witnesses had ohlm
scribed them, a very lowing®couple. ]
facts would be proved not only by one or two
witnesses, but b r—-boqht from every
point of the tonl which they #aveled both be
fore and after the marri Would it net,
then, in some degree qm the imputed of
fence, hif he showadh that all that had occumg
after the fust step, had boenaoc?hnh' ed wit
the consent and ¢oncurrence of Miss Turner?
He remembered one prosecution of this kind,
and it would doubtless be recollected ulso by
his Lordship, vizs—a prosecution iustituted by
a geatleman of the nawe of Franks, in York
shire, against certain partics for conspiring to
bring about the marriage of his son with a per
son his inferior in rank. o the course of that
trigl it was shown that the son had gone down
on his kuees before his father to solicit his con
sent to the marriage, andthat upon the father's
refusal, the son.iud immediately gone out,
stepped uno a chaise, and got married. Upon
that evidence the Leurned Judge had imme
diately. stapped the cause. Now be did not
mean to justify the measure resorted to in or
der to obtain possession of the person of Miss
Turner; but if it a;g)oued that throughout the
whole affair she had been a free agent, that she
Lad acted from inclination, and had had no re
straint whatever put upon her, he owned that
he thought such circumstances would, in some.
measure, qualify the offence. It might be said
that there was always a conspiracy to bring
about the marriage of persous under age.
Mr. Baron Hullock said he doubted the rev
elancy of the sort of evidence which Mr. Scur
lett was proposing to call, at any rate, iu the
present stage of the proceedings. He thought
the oilence was complete, when the defendunt
set out with Miss Turner from Manchester, and
if the ‘jury believed the facts rworn wp to that
time, he thought they would be bound to return
a verdict of Guilty against the two male defen
dants.
Mr. Scarlett intimated that his duty to his
clicats would compel him to call the witnesses,
Robert Wilson, of the Albion Hotel, Man
chester, and John Wilson, a waiter at the same
hotel, deposed to their conduct while ot the
hotel, and represented her as having been peg
fectly free froma restraint, and might have gone
where she pleased.
Mr. Sergeant Cross cross-examined the wait
er, from which it appeared, that when L. G,
Wakeficld went into room, Miss Turner arose
and shook hands with him Leartily.
Mr. Sergeant Cross—Did’'nt she go in and
say, ‘“ Ah! Captain Wilson how do you do?
(Laughter.) Witness: * No.”
Mr. Sergeant Cross, (to Mr. Scarl:tt)—You
may call twenty such witnesses as these,
A host of chaise-drivers and waiters proved
the continued apfparcnt cheerfulness and good
understanding of the parties all the way from
Manchesier to Huddersfield, Halifax, Keighly,
Skipton, Settle, Kirkby, Lonsdale, Kendal,
Penrith, Cuarlisle, &c.
Thomas Atkinson.—l am a waitcr at the
Bush, Carlisle. 1 saw the party, and thought
it was a marriage. [asked them if they want.
ed horses to Gretna, M.ss Turner was pres
ent. The gentlemen got out, and went about
two hundred yards, when they returned to the
carriage. She did not secin dejected, bir,
Waketield wrote a letter, while Miss Turner
was playing drafts with Mr. W. Wakefield.
William Graham, a postilion at Carlisle—
Drove Mr. Wakefield to Gretna Green. One
of the gentlemen got out on the dickey with
out witness perceiving it. The lady and the
other remained inside, langhing heartily. He
was present at the marriage, and witness sign
ed his name to the certificate. The lady turn
ed round partly, and saluted the bridegroom in
the usual forin. ;
John Linton, the landlord of the inn at Gret
na Remembers the arrival of the Waketields
at Gretna. The lady who was with them re
mained in a room in his house, whilst the two
gentlemen went out. She was not at al de
presscd. He saw the ceremony performed in
the usual way. The party dined togecther at
his house, and were all very pleasant.
Frances Linton, sister to last witness, Miss
Turner went up stairs linked in Mr. Wakeficld's
arm. She sat upon his knee in the room,
David Laing, the Gretna Green parson, or
Bishop, as he calls himsclf, was put mto the
witness box. The appearance of this notorious
personage excited universal attention. Ie
18 an old decrepid looking man with a
sharp intelligent countenance and a dark
quick eye. He was dressed in black. and
seems of that description of persons which is
termed clerical. The old man looked round
with that kind of stare from which it might be
inferred that he considered himself the most
important object in that court,
Sworn and examined bv Mr. Parke: You
live at Springfield, near Gretna? I do. Do
you remember being sent for to a party at
Cretna Hall, (an i) last March? I do.
What did the gentleman say to yon? Witness :
What did he treat me to, do you say? (Loud
laughter was excited by this very natural blun
der of the hard of hearing and toddy loving
gentleman.) What d'd he wish yon to do?
Why to do that which I have done for many
others; to join hands and so on. Ilid yon
make a bargain to doso? 1 did. Was the bride
:]uitc agrecable? O ! emnite. The lady wrote
own her name, anu the gemtieman wro‘e
down his name. They were both very agree
able to join hands, and at the end they both
embraced one another. I asked the lady for
w present of a pair of gloves, and I received it
from her own hand. Mr. Wakefield gave her
204 to give to me, which she did. After the
ceremony was over, Mr. Wakeficld esked what
wine there w 4‘n the house. I told him, and
he #aid he would have some Champuigne.
Did be give yonany ? Oh ! yes; (with a pecu
linr glee which made the whole auditory join
in a burst of laughter.) The gontleman wnd
lady boih seemed to be in guod spirits. The
ceremony was in the ordinary foriu—in the
form of the Chureh of Scotland.
Mr. Searlett. Was there a ring produ ed’—
Witness. Thore was, and 1 placed it on her
finger. They both appeared agreeable, and I
joined the hands togother; 1 wished them well
and happy. I told the lady it was customary
to have a present of a pair of gloves; she guve
we a £ 20 Bank of England pote.
Mr. Scarlett, Well, was there any other
conversation at the time? Witness, Yus; the
gontleman asked me what rort of wine there
was in the ho wno; | replied, theto were ddlir
ent sorts, and amongst them I mentioned Cham
paigne, which was called for,
Mr. Scarlett— Who sigmed the marriage cor
iificate ?~Witness. [ did, by consent of aM
partics.
It was put in and read mh Prothonatory,
and wae to the following t:
“ Kingdom of Scotland. Edward Gibhon
Wnkcf:fil. of Mill-Mall, London, aud Flien
Turnor, of Shrigley Ifall, Cheshire, do agree
10 become man en | wifo” Signed by
'm&mfi o
: :
‘reevived in evidence, because it nup’
some monoy as well as
mn;fihm much. It
about £ 20, or £3O. Mr.
perbaps £ 40? The witness with o
TR
‘y "ht:o). to & few pou : {
aug r. » y v ]
Mr. Brougham.—What do you mean mati
by the ordinary form ef the G‘\-:h of Scot
laad, when it bad nething to do with tha
Church? Are you a Clergyman? - Witnese. No.
~ Of what trade are you? No trade, . i
** Why, are you not an ostler?”” Are you an
ostler? (Much laughter.)
How long have you lived wheze you'do now,
at Gretna? - For y-five years.
What did you do before that?—l was a pour
man. . .
What did you do when you were & poor mur’
—Whouut’l.:ould to ge);“ htur
What , :cupation did you%ow?-—-Sonnt.
Name some one of themn? - | was a merchan®.
- What sort of a wocchant: & Scots pedlag’~-
e..
I ask yowapaiy, iz it not usual in Scotland
for pasties to be married by o Clesgymeni—-
Yes, but marny are not.
Is it mot the wore common course for partic»
w:mti_nfi to get rarried, to go before a clerg: -
zianl—=l do not Luow; many do so.
{2 not that the regular mode of meerying?!—-
Yee, it is m a Church.-
By M, Scarlett, - What, then, is yours s
irregular mode? No.
What form of words do youuse? If you corz.e
before me, I will tell you.
Why, man, I don’t want to get married!
(Much laughter.) Tell me what you said? I
asked them whether they acknowledged eusch
other for man and wife; they said they did. I
then declared them to be man and wit{s betors
thrce witnesses.
Mr. Baron Hullock. This evidence, M-
Scarlett, is not worth a farthing. 1 shall ¢x
i)cct some one who knows the law of Scotlard.
do not like this marriage.
Mr. Scariett. I shall expressly call eome
one else.
Mr. Quillaug, the house keeper at Calais,
sworn and examined, by the medium of an in
terpreter. 1 know Mr. E. G. Wakefield. I re
member his coming to ry Louse on the first of
March, 1826. Tlcre was a lady with bim,
whom be introduced as his wife. They re
muined there several days, and passed as mau
and wife. She often went out with him.
By Mr. Williamas. They had two saloons,
aud two separate bed chambers, - in each of
which was a bed, which were both used. It
was such a sunit of apartments as married peo
ple frequently oceppy in France. Tlie rooma
commuuicuted with oach other, as shown in
the plan now produuced.
Mr. Duncan M’Neil, sworn, [ have been e
writer to the signet upwards of cleven years—-
lam shesift' depute of Perthsbire. I am ac
quainted wifl.&,&a law of Scotland relative to
contracts of marriage. * 1 have based s €X
amination of the witsesics bere today. From
what I have heard of the proceedings at Gret
na, it i 3 my opinion thatin themselves they
constitute a valid marringe, and I have no:
hLeard of any thing to take from me that opiu
ion,
By Mr. Brougham. As aScots lawyer, it is
my opinion, taken Ly themselves, the proceed
ings constitute a valid marriage. There was
formerly considerable doubt on the subject in
Scotland, but it was considered as settled by
the decision in Dalrymple’s case. lam awars
that three of the present judges of Scotland,
have sworn it to be their opimon, that such o
marriage is not vahd.
Mr. Broughamn. Do younot know wheneve r
the law of Scotland is not precise, the civil or
Roman law is referred. Witness. Yes, Ido
Mr. Brougham. Do you know thatitis
general principle of the Romnan laws, that any
contract in which the consent was the effect of
fraud, fear, or dolus malus, was null and void,
and not enforced by the Prator?
Witness. 1 do.
}r. Brougham. Do you not know that there
is an edict of Justinian, commonly called a no
vella, by which the carrying away, and marry -
ing a female by deception, 19 a capital crime’
Witness, I think there is such un edict.
Mr. Broughain displayed in the course of Lis
cross exazuivation of this witness, an intinate
knowledge of Scotch law, and the principles
and practice of the jurisprudence ofpd:fl'crcr.‘.
countrics, in regard to the law of marriage, of
property connected wilh that eeremony, and of
crimes that may be contingent vpon the prac
ticc of any fraud, or upon any breach of th.
law. HMe was both ingenious and good ht
mwoured.
By Mr. Scarlett.---1 have no doubt that it
content to a marriage be given by a party,
knowing what it was that they were about
such a marriage would be valid, although the
consent were obtained by fraud.
By Mr. Baron Hullock. I ncver knew nor
heard of any ease, in Scotlhnd, that arese out
of such circamstanecs us Lhave heard deposed
te in this case to day.
Mr. Baron Hullock then seid, [ think mysl7
bound to admit the evidence of Miss Turner i
this case, although in my own mind, I should
even be of opinion that this was a valid mar
riage. ZThere ig a serics of cascs in which 1t
has been decided, that a wife may be a wit
ness against her husband, on questions of pu:-
sonal droits. To reject her ¢vidence would
involve an inconguity of which the Jaw cannot
certainly adinit; and it would establish in fa
vour of persons wlo might be disposcd to do
$O, I many cases, a power of violating the law
with impunity. It cannot be donbtotf. that, in
any case of injury done by a husbaund to «
wite, however legal the marriage may be, the
evidence of the wife must be tocch‘ot{. and she
will huve redress for that injury. Then you
surely would fiot contend, that in a case whore
w the legality of a marriage is more than
doubttul, the compluining party may give evi
dence of facte occuring before the c:,pond
warriage. 1 therefore um decidedly of vpin
ion, that Miss Turner’s cvidence vught to Le
received,
Mr. Scarlett said he h;'d a em-::ruou
inion to the contrary. However must
m., that point, at d,;mum; and -&ufloflh
no evidenee for the defendants on ih“ll‘_l
imsue. The Learned Gentleman then the
court,
Mr. Sergeant Cross in reply said, that for
fire hours the court had been carridd rw.y
from the real question, whicli was, whether oe
not the defendants ®ad conspired to en iilo.
gal act ; and their defence, combining at an:'s
hardibood and folly, was that they not only
had comspired to do it, but had actugly cofe

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