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Subject: [CORNISH-GEN] weekly news 9 August, 1844 - part 7
Date: Tue, 20 Nov 2007 19:19:03 -0600
Hi All -
We're at the end of the Sessions, with an interesting case to conclude it. Hope it's enjoyable.
We'd like to ask folks to consider volunteering to help us out with the BMDS - we need help, please. I can send you the jpeg images (there's usually 3 photos per issue, but there's also overlapping of data), and with your photo program, you can enlarge it to whatever size works for you, then type into a Word document. Tisn't difficult, honestly! By 1845, the newspaper was using fairly clear type, and larger type, which helps a great deal.
Depending on how people volunteer, we'll divide the work evenly, so no one is overwhelmed.
The News is not in question, just the BMDs. So, if you're willing to give it a go, please do let me know!!
Thanks, Julia
..................................................................
9 AUGUST 1844 QTR SNS, part 7
CURIOUS CASE OF BIGAMY - [NOTE: the date of the second marriage was
incorrectly given in several places; 1834, 1843, and 1844. According to the Chief Justice,
it was 1834, as he said the prosecution was strangely delayed 10 years, which made him
question the motives of the prosecution in his address to the jury.)
ELEANOR HARRIS, 43, was indicted for bigamy. The indictment stated that on the 9th
of November, 1822, the prisoner was married at Swansea, to DAVID HARRIS, and that
afterwards on the 1st of April, 1834, she was feloniously married at St. Mary's, Redcliffe,
Bristol, to THOMAS URCH, the former husband being still living. This case excited a
great interest in Court, partly from the nature of the case itself, but chiefly from the fact
of the prisoner being known at Liskeard and its neighbourhood, as a preacher. She was
respectable in appearance, and her countenance was indicative of considerable intellectual
capacity and power. The case being called on, an unusually large number of jurors were
challenged on behalf of the prisoner, and ordered to retire; we were informed that they
were mostly Methodists, or persons supposed to sympathize with those of that body who
had instituted the prosecution.
The first witness called was HENRY RUDGE HALL, who stated he carried on the trade
of a glazier and glass seller, and lived in Lower Castle-street, Bristol. He had lately been
to the parish church of Swansea, and obtained a register of marriage which he now
produced. (It was put in and read: "Marriage solemnized at the parish of Swansea;
DAVID HARRIS of this parish, widower, to ELEANOR MORRIS, spinster, married at
this church by banns with consent, on the 9th of November, 1822, by me, WILLIAM
HEWSON, vicar.") He had also a copy of another marriage certificate which he procured
at St. Mary's, Redcliffe, "Marriage solemnized at the parish of St. Mary Redcliffe,
Bristol: THOMAS URCH, of this parish, to ELEANOR HARRIS, of this parish,
spinster, married at this parish, by banns, with consent, on the 1st day of April, 1843."
In consequence of some information, witness went to Kingswood, near Bristol, in 1826, and
found the prisoner there. She was going about the country preaching, or babbling, or
something they called preaching. He asked her if she was a married woman. She stated
that she was never married, and never had a child. Witness went from that place to
Swansea, and called on a man named Harris, who was working with Watkin Morgan, a
tanner, in Gower-street. Witness afterwards sent Harris money to defray his expenses,
and he came to witness's house in Bristol, whence he took him to Kingswood, where the
prisoner was. When they met, Harris said she was his wife. She looked very strangely at
him, and the people said "Take care, David, or else she will run the awl through you."
She was then learning the trade of a shoemaker. After this, witness saw her again in 1832
or 33, at Chea Magna, about five miles from Bristol. She was in the Baptist meeting
house about to preach. Mr. LUKE, an excise officer, spoke to her, in witness's presence;
after which, witness walked up and spoke to her. He told her that she was a married
woman - that he had the certificate of her marriage with him, and also letters where she
had written, "Dear Husband and Child," - that he had her child with her husband at his
house; and he mentioned the name of her husband, DAVID HARRIS. She called God
to witness that she never knew witness - that she knew nothing of Kingswood - and that
she was a single woman. He read her letters written to her husband to the people close by
her side as she was in the pulpit. She attempted to snatch the letters from him, and said,
"You villain, give me those letters; they are mine." Witness said, "they were yours, once,
but your husband, David Harris, gave them to me; they are mine now, and you shall not
have them." In the beginning of 1833, witness told her her husband and child were
living. - Witness saw her husband, Harris, last evening, at the Town Arms in Bodmin.
CROSS-EXAMINED - It was THE David Harris whom he saw at Swansea. He came
down from Bristol with witness. Witness did various sorts of things - acted as a sort of
share-broker - was a builder; and sometimes had done a little in the line of preaching.
(laughter) But without fee or reward. He did not attempt babbling himself. - Will you
be kind enough to tell us, Mr. Hall, what made you so anxious to move in this matter?
Are you any relation of the first husband? Not the least. - Are you any relation to that
still more injured man, Thomas Urch? Not the least. - Are you an officer of justice? I
am not. I never acted in that line. - What motive induced you to act in this matter?
With a view to stop sin, and that only; knowing the injury that woman had done at
Kingswood, I felt it my duty to come here and attempt to stop her. - Were you
preaching at Kingswood in 1826? Occasionally, as a local preacher. - Mr. ROWE: Well,
I don't make any complaint of that. I have had the happiness of deriving benefit myself
sometimes in that way. Witness: 'Tis but small I believe. (loud laughter) I was engaged
at a Sunday School, and occasionally assisted in my humble way to do what good I
could. - Will you tell us of what denomination you were at Kingswood in 1836? I was
in the Wesleyan Methodist Connexion, where I attend regularly now. - At that time, was
not this woman preaching at Kingswood? She was, if you call it preaching. Mr. Rowe:
You call it babbling; I call it preaching. Witness: Well, call it preaching if you like. - I
believe she was a very popular preacher? With some. - Did some of your congregation
leave you for her? Not that I know of. I can recollect that she was doing a great deal of
mischief. - Did she take away part of your congregation? None that I know of; not one.
- Will you be kind enough to tell us, as you did all this to prevent sin, who paid your
expenses when you went to Swansea? I paid all, I was about GBP20 out of pocket. -
Who pays you for to-day? No one except what I have paid to the witnesses. I myself
will not have one farthing. - Do you know there has been a subscription to get up a
prosecution against this woman? I do not. - You never heard of it? I never did. - Have
you paid THE David Harris to come down? I have not paid him a farthing yet. I paid his
fare by the Packet, on Tuesday. - Why did you go to Chew Magna in 1832? I was sent
for. They had their suspicion about her. - Did you find she had been preaching? I did
not. - On your oath, do you not know her to be a very eloquent woman? I do not. I
know her to be a very bad, wicked woman, a worse woman I never heard of, which I
could convince you of, if I were to read her letters before you. Would you like to hear
them read? (laughter) Mr. ROWE: My friend will tell you about that. Have you never
seen a person at David Harris's who now passes for his wife? I have not. RE-
EXAMINED - The David Harris now in Bodmin is the same I saw in 1825 in the
presence of the prisoner. BY THE COURT - First heard of prisoner's being married to
Urch, about a month after the marriage. Urch's father and mother came to witness in
great trouble about it.
ELIZABETH BYRON lived with her husband at Bristol. Her maiden name was
Morgan. On the 9th of November, 1822, was married to JOHN WIDDERS, at St. Mary's
church, Swansea, by the Rev. Mr. Hewson. Prisoner was married at the same time and
place to David Harris; he was a currier and tanner. The prisoner's name, before she was
married, was Morris. She had lived in service, and after her marriage to Harris, witness
knew that they lived together for a year and a half. At the time witness knew Harris, he
lived in Gower-street, Swansea. Witness had seen David Harris that morning, in Bodmin;
he was the same person she saw married to the prisoner.
CROSS-EXAMINED - Do you know Mr. Hall, the last witness? Yes - You are one of his congregation, I suppose? No,
I am not. - What religion do you profess? I profess no religion; I go to church; I was
always brought up to the church; I don't go to any congregation at all. - Is Mr. Hall a
friend of yours? I have never tried him; I dare say he would be. - Has he not paid your
expenses? He has so far. - You expect a further benefit from his friends? I dare say. -
When you came down from Bristol to Liskeard, did you not say you expected 10s. a day
for your time, besides your expenses? I did so. - How are you usually occupied? I take
in washing and ironing. - Do you make as much as 10s. a day? I do, at times. - What
did you know of this Eleanor Morris? I had seen her before her first marriage, when she
lived a servant with Mr. Allen. - When you were married, did you speak to prisoner that
day in church? Yes, I did, several times. David Harris complained of her being at church
so early; she said she came soon, for fear he should change his mind. (roars of laughter)
Then she asked me who I was going to be married to; and I said to Thomas Widders; and
she said, if she was going to have such a man, she should think herself blessed. (laughter)
- And I suppose you thought yourself supremely blessed? No; not in the least. (laughter)
RICHARD HOPKINS, landlord at the Half Way House between Swansea and
Monmouth, gave away last witness when she was married to John Widders. David
Harris, the tanner, and the prisoner were married at the same time. Harris continued to
live in Swansea, and carry on his trade, till within the last four years, and witness was in
the habit of seeing him. Saw him last night. CROSS-EXAMINED - had seen another
woman in Swansea, whom he had heard say was David Harris's wife. Perhaps may have
heard her answer to the name of MRS. DAVID HARRIS. Had not seen the prisoner
from the day of her marriage till this day. There was something particular that called his
attention to her when she was married. Harris himself came first to the church and when
she came in Harris cocked up his mouth - he is a very ugly man - and said to her "You
may as well have washed your face before you came." (laughter) She snapped her fingers
in his face, and said, "tis well enough for you." (roars of laughter followed the witness's
relation of these hymeneal incidents.)
THOMAS URCH, the second husband, was then called. He stated that he lived at
Westbury near Wells, and recollected prisoner coming into that neighbourhood preaching
in 1833. On the 1st of April, 1844, [1834, actually] he was married to her at Redcliff
Church. The prisoner was the woman. They lived together eight days. (laughter) About
the fifth day after the marriage, he heard that she was married before; but she said if ever
she was married before she was acquainted with him, she would be cut up in ounce bits.
"I thoft she wouldn't tell lies to a poor hard working man, as she was zich a good
praching body" (laughter). When I heard she wus married I doft her. She went off to
Wells with some writings of his, saying that she could get GBP30 upon them; but she did
not get a farthing. "She came back after that, and was beginning to kill me with a knife."
(laughter) He took her into custody and she was sent to prison at Shepton. Did not see
her from that time till he met her at Liskeard.
CROSS-EXAMINED - She came to Westbury as "Miss Harris, the preacher." Her could plead (preach) well enough, but her
bad life and conduct did not correspond with it. She tried to stick me with a knife, and I
swore my life against her." And you have not forgot that, I suppose? No, but I did not
trouble my head about the woman. (laughter) The magistrates ordered me to come, or
else I should have to pay GBP20. How do you know the woman after so long a lapse of
time? She is a very notable woman. "I knaw'd her at Liskeard by the very drow of her
shoulders. (laughter) I do knaw her by her nose and eyes." Should you not have stayed
at Westbury, if Mr. Hall had not sent for you? I should never have come if I had'nt[sic] been
vorced to. The extreme simplicity of this young Zumerzetshire varmer - the dupe of the
"notable pleader" - together with his broad Mendip dialect, afforded infinite amusement
in court.
REBECCA EMDEN, wife of Mr. Emden, who formerly kept the Lamb Inn, Thomas-
street, Bristol, remembered prisoner coming to that house in March, 1834, with the last
witness. She told witness she was come to put in banns to be married at Redcliffe
church. They were married from that house, and witness cooked the wedding dinner.
After dinner, they left for Westbury.
ESTHER DAVIES, daughter of last witness, corroborated her evidence, adding that she,
then about fourteen years old, went to church with the couple and acted as bridesmaid.
WILLIAM WILLIAMS, of the Swan Inn, Gower-Street, Swansea, had known David
Harris for nearly 28 years. Remembered prisoner being in Swansea about 20 years ago,
preaching under the market, on a Sunday evening. About five years ago, she came to
witness's house, had a glass of gin, and said she was the wife of David Harris, the tanner,
and that she was come to get some money from him. Knew of no other David Harris, a
tanner, but that man, who was then living directly opposite witness's house. Had seen
him that morning in Bodmin. CROSS-EXAMINED - Was there anything particular
about this Harris? I may say there is. He is not the best looking; if you see him once,
you'll never forget him. (laughter) I have never known any other woman living with
Harris, as his wife, or bearing his name.
JOHN DAWE, constable of Liskeard, apprehended prisoner on this charge, at St.
Pinnock, in May last. CROSS-EXAMINED. She had been preaching about Liskeard,
and was very much followed. Had seen her preaching to large congregations. This
prosecution had caused great excitement at Liskeard. The woman had conducted herself
with decency and propriety while in custody. Mr. Rowe then addressed the jury for the
defence, after which the learned Judge summed up, and the jury, after having retired to
consider the evidence, returned a verdict of GUILTY. The prisoner, on being called up
for judgment, said "I am innocent, I am completely innocent of the charge laid against
me; and I hope, gentlemen, I may meet you at the day of judgment, with as clear a
conscience as I do now. The Methodists -" The Court - You are not to address the jury
now. You have been convicted of Bigamy, an offence which in too many instances
produces the greatest misery and distress to the unfortunate individuals who, by false
representations, are induced to contract matrimony with persons already married. Yours,
however, is not one of those cases where the parties appear to have sustained such injury.
Your first marriage took place 22 years ago; and your second 10 years; and though your
second marriage was known to the prosecutor immediately afterwards, no steps were
taken against you till may in the present year; and this, as it appears, wholly without the
wish or interference of either of the persons who married you. I will not canvass what
have been suggested as the motives for this prosecution. But there are circumstances in
your case which induce me to believe that a comparatively lenient sentence will satisfy
the ends of justice, though such offences cannot be allowed to pass with perfect
impunity. You have already been in gaol two months. The sentence of the court now is
that you be imprisoned and kept solitary for ONE WEEK.
SATURDAY, AUGUST 3 (Before Mr. Justice Patteson)
W. SLOGGETT, J. CRADDOCK, and EDWIN OLIVER, were indicted for a riot on
the 5th of January at the parish of St. Kew. By arrangement between the parties, all the
defendants pleaded GUILTY, were fined one shilling each, and bound over in their own
recognizances of GBP40 each, to keep the peace for one year.
ROBERT PASCOE, found GUILTY of disobeying an order of bastardy, was sentenced
to ONE FORTNIGHT's IMPRISONMENT.
In the course of this morning, the Learned Judge spoke to the professional gentlemen of
the necessity of entering Traverses in the early part of the Assizes.
His Lordship suggested an alteration in the calendars of prisoners, that instead of the date
of the warrant, which was now placed against each prisoner's name, there should be given
the date of his reception into the gaol, as what the court wanted to know was the length
of time the accused may have been in custody.
The court rose finally at about nine o'clock.
THE END, really!
Julia Mosman, OPC for St.Austell,Charlestown, and Treverbyn
Website at http://freepages.genealogy.rootsweb.com/~staustell
W. Briton newspaper transcripts at http://freepages.genealogy.rootsweb.com/~wbritonad
Please visit the OPC website at http://cornwall-opc.org
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