Star. — London, England, 1820-09-21 00:00:00

CRIM. CON. SUPRRME COURT AT HALIFAX, JULY so. WILLIAM HENRY HALL V. MAJOR GEORGE BARROW. This day having been appointed for the trial of the above very important action, the Court was un commonly crowded at an early hour. After the Jury were sworn, Mr. CHAPMAN opened the case, and then proceeded to call Dr. Inglis, who proved the register of the marriage of the plaintiff with Miss Martha Ann Phalan, on the 12th of March; 1814. Francis Anson, a private in the 60th Regiment, stated, that he had lived servant to the plaintiff about two years and a half ; the plaintiff and his wife lived agreeably together during that time ; he was in that capacity when Mr. Hall went to gaol ; the defend ant used to come to the house before that event, but more frequently afterwards ; sometimes in the day time, but oftener in the evening about six or seven o'clock, and stopped there occasionally till after eleven at night ; the plaintiff had business to attend in the Barrack Department, .and usually went out after breakfast, and did not return till dinner -time; he observed that the defendant always came after'the plaintiff was gone out, and went away , before he re turned ; he recollected once taking into: the parlour some hot and cold water, and that evening the de fendant remained them till about half4past ten; on one occasion. he was requested by Mrs. Hall to at tend her to Mrs. Cleary's, where she said • she Was going to tea ; he went part of the way with her when she told him be might go back; this was in the winter season, about half-past six o'clock, and it was a dark night ; instead of going home, he went to buy some segars, and chanced to see Mrs. Hall go into the defendant's house; he' could not say who opened the door to her ; she wore that evening a blue cloak and a fur cap belonging to his master ; he never saw her wear that dress before; Mrs. Hall came borne about half-past ten, and brought some one with her, but who did not come in ; on another occasion be discovered that a ladder, which belonged to the stable, had been taken away, and placed under Mrs. Hall's bed-room window; there haj;pened to be snow on the ground, and the marks of footsteps were visible, as if they came through the garden and up the back part of the house ; he observed there was no snow on the sill of the bed-room window, al though there was snow on the others; and it ap peared as if some one had made an entrance there; he sheaved the tracks to the maid-servant ; Mrs. Hall got up earlier that morning than usual, and scolded llinf for being so curious as to look at the step-marks, and said to him, " Do you think I have let any one intn my bed-room? It was only Major M'Colla, who had brought a note to inform me the constables were coming to break into the house." On another occa sion he was the bealer of a letter from the defendant to Mrs. Hall ; and the defendant came to the house the same day, about two hours afterwards, but could not say how long he remained ; lie was also the bearer of a note from Mrs. Hall to the defendant, who told him not to say anything to the plaintiff about it; and to deliver it to no one bet Major .13arrow ; the de-, fendant visited that day (on a Sunday); the plaintiff, was then over at Dartmouth ; and the defendant • continued there almost till the plaintiff returned ;be observed Mrs. flall looking from her window through a spy-glass to see if the plaintiff was coming home; the plaintiff rode a grey horse, and was known at a distance on that account ; the Major then went away. On his cro s s-examination, he could not say whether the plaintiff and his wife lived unhappily together before Major Barrow became intimate wish the fa mily ; he knew only of their having had words but once ; and also knew that Mrs. Hall left her husband's house before the defendant used to pay his visits, but could not state the reason. The evening he at tended Mrs. Hall, when she went as she said to drink t:a with Mrs. Cleary, he accompanied her as far as the Round Church; it was rather a dark and misty evening; he did not think he could be mistaken in the person he saw go into the defendant's house ; he knew her from the dress she wore, and was positive as to this fact, not being more than a dozen yards from her. He had, previous to the trial, undergone an examination before a Magistrate, at the request of Mr. Hall, and answered to such questions as Mr. Hall put to him, who afterwards wrote them down; he did not recollect Mr. Liddell, the Magistrate, or Mr. Hall, asking him if he had stated all he knewi tie reason he did not state thi ngs so f u ll y as he did, at present was, because he hoped the.plaintiff and his, wife would live together again, and he did not wish . to say what might interrupt their happiness ; he never heard the defendant or Mrs. Hall say he came there for the purpose of endeavouring to get the plaintiff out of gaol, nor ever observed any improper liberties between them ; the ladder that he had before men tioned was generally kept outside Of the stable. He communicated to the maid-servant that some one had taken the ladder away, and placed it near the bed room, the window of which he did not think could be entered without the aid of a ladder. He was cer tain he had, stated the truth as to what Mrs. Hall told him about Major M'Colla bringing a note ac quainting her the constables were coming. He was married to the maid-servant yesterday : no one had advised him to marry her; be had a regard for her, and had long been desirous of making her his wife; his wife lately lived at Mr. Haverstock's, part of whose house was also occupied by Mrs. Strew,; he never knew of Mr. Hall calling thereto speak to Mrs. Anson; he was standing outside of the house when he saw Mrs. Hall spying with the glass from the win dow, looking over towards Dartmouth, and heard Mrs. Hall say " she saw the white horse;" he had once taken a pie to Major Barrow's children, but did not take a note with it. Ann Harrison lived servant to the plaintiff about seven weeks, in the beginning of 1819 ; the defend ant frequently came to the plaintiff's house in his ab sence : she had a strong recollection of the plaintiff going to partmouth ; it was on a Sunday : the de fendant came there soon after his departure, and re mained there most part of the day : did not hear Mrs. Hall say anything about the grey horse: she remem bered on one occasion, when the plaintiff had been out riding, and returned unexpectedly, that Major Barrow was there at the time, and he was, as she supposed, let out at the back door: Mrs. Mall after ;wards inquired of her if the plaintiff had asked her if spy one hid been there? she also told ha coce or twice not to inform the plaintiff of Major Barrow's visits, which she thought was very curious. At ano ther time Mrs. Hall desired her to say, if any one called, even Majoi Barrow, that she was not at home: the Major came that morning, and notwith standing she told him Mrs. Hall was not atkome, he went up stairs, and, as she supposed, hearing her voice, said, " This.is the first time I have caught you in your bedgown." Mrs. Hall did not seem offended at this observation, and replied, " If you come so early, you-must take me for better or worse." The defendant remained there for some time: she did not observe afterwards any derangement of her dress : the plaintiff appeared to treat his wife with every kindness during the time she lived in his service: he kept a regular house, and the family generally went to bed about ten o'clock at night. On her cross-examination, she stated she never saw the defendant come there at night-time ; his visits were generally in the day, between eleven and two o'clock : she could not positively say the Major was let out of the house when the plaintiff returned so un expectedly; she only meant to declare she did not know what became of him ; she had never known him come in a clandestine manner, or take any liber ties with Mrs. Hall ; it, hOwever, appeared to her that the defendant was more intimate with Mrs. Hall than any other Gentleman who came there • and she formed her belief from the circumstance of his calling so often in the absence of the plaintiff: she had heard the plaintiff and his wife did not agree, but never saw aaything of the kind during her service. • .John Haverstock resided nearly opposite to Mrs. Hall's house, and frequently saw the defendant go there : his visits were so frequent as to excite his at tention and curiosity, and more particulaily so, be cause he always came after the plaintiff went to his office, and went away before his return : lie saw the defendant and Mrs. Hall bOth at the window : Mrs. H.ill put her head out, and looked up and down the street : she then put down the blind : they both got up, and walked away together side by side: in about a quarter of an hour Mrs. Hall returned, threw up the blind, and resumed her situation at the window: he observed her smooth down her dress : be never knew the plaintiff to ill-treat his wife; he had re peated opportunities of seeing them go out together, and they appeared to be extremely sociable. On his cross-examination he said that he never saw the defendant go to the plaintiff 's house at night; he had not observed any other person call there except Major Barrow—not even Ladies: the blinds were not frequently put down in the morning; the plaintiff sometimes came to see Mrs. Strewe, who lived in part of his house : Mrs. Anson also lived tin 7 der his roof; but he never recollected Mr. Hall hav ing any conversation with her: he knew of no fur ther improper conduct than what he had mentioned : he did not undertake to say that Mrs. Hall's clothes were tumbled when she rubbed them down : he was not near enough to ()twelve so minutely : the situa tion of his house was about half-house length to the southward of the plaintiff's, on the opposite side of the road : he never heard any quarrel between the plaintiff and his wife, nor did he know of any sepa ration having taken place between them. Samuel Lawrence, a private of the 62d Regiment, related that he used to work for the plaintiff as gar dener, and had seen the defendant there frequently when the plaintiff was at his office : he could see Mrs. Hall's bed-room from the garden, and he had re marked the blinds of the windows were down wl.en the defendant called there : but he never (except once or twice) saw them Own in the middle of the day when the plaintiff was at home. Mrs. Ann Strewe deposed that Mrs. Hall had told her she was "ery comfortable, and intended, by eco nomy, to endeavour to extricate the 'plaintiff from his embarrassments; that she should live happy with lit' had they but a shilling a day. She was in the habit of sending her little girl to Mrs. Hall's to in quire if she was at home, previous to her going there, and always learnt that Major Barrow was at the house, except the evening when the plaintiff came out of jail; she was present when he came home: Mrs. Hall, she thought, received him very coolly, never even asked him to take a chair ; Mr. Hall manifestly appeared hurt at her conduct ; the plaintiff soon af terwards ,produced a paper, and said to his wife, " Here is the paper you would have me sign, but 1 would rather remain in jail than sign it." Mrs. Hall spoke in a very angry tone to Mr. Hall, and it af fected-him' so much that he fainted ; and when the plaintiff recovered he exclaimed—" My GOD, am I supported by strangers ?" (The Counsel for the de fendant here interrupted this kind of evidence, but his objections were overruled by the Court, consi dering it was proper, inasmuch as it went to shew an alienation of affection 'towards the plaintiff, since liis commitment to jail). The witness then went on to relate, that upon a shell falling from the shelf over the fire-place when the plaintiff went near it, Mrs. •Hall ran out of the room, and said he wanted to murder her; the plaintiff never used any, provoking language to his wife, and her conduct seemed to , be the impulse of the moment ; Mrs. Hall went to Mrs. Cleary s, and at the request of the plaintiff witness called upon her there, and urged her to come back, but she said she would not ; Mrs. Hall slept at her mother's that night, arose early in the morning, went to Mrs. Woolford's, and 'told her she slept with the witness in the kitchen. Mrs. Hall went lame that day, and on her return, declared that what had passed was merely affectation on the part of the plain tiff, who wanted nothing but the defendant to horse whip him, Soon after Captain Pilcher came in ; Mrs. Hall said to him, " Whp sent for you, you impudent puppy ? 2T want none of your advice." Captain Metier replied, " I will have nothing to do with the little woman." When Mrs. Hall came back, the plaintiff received her kindly, and she said," Hall, I hope you have got over your capers ;" and he te " My dear, I am a child, and you may do with me as you like;" they had,tea together, and seemed perfectly reconciied. The witness once saw Majov Barrow holding up a letter to Mrs. Hall from his own house, and the day afterwards Mrs. Hall called upon her andcomplained that the plaintiff had ill treated her, and that she was determined to leave her family ; soon afterwaids Mar Barrow came into her house also, and finding Mrs. Hall there, said, " Good GOD ! is a woman to be treated in such a manner by such a vagabond ?" He then went out,' and returned with a letter directed for the plaintiff, and read it to Mrs. Hall ; it was a most abusive one; it called him a villain, 4se. and threatened to cif him gp to mince-meat ; after the Major bad read it, Mrs. Hall said, " Certainly, send it to hina." On her crosvexamination, she said that she never knew the defendant to beat plaintiff's house when he was at home; she never understood there was any intimacy between the plaintiff and the defendant ;. Mrs. Hall, she believed, kept no company ; she never saw any other Gentleman go there but Major Bar row; the paper Mr. Hall produced, and which it appeared Mrs. Hall wanted him to sign, she under stood was a teed of separation ; but the witness did not hear of the contents; she was certain the results of that evening did not proceed from his refusal to sign the paper, although she could not say what was the cause of the difference; Mrs. Hall's affection for the plaintiffseemed to by alienated on his return from jail ; witness was unacquainted with the con tents of the letter the defendant held up; the distance from Major Barrow's house to the plaintiff's was about twice the length of the Court-house; the first time she beard of the ill-treatment• of the plaintiff, was after he came out of prison. Mrs. Anson lived in the plaintiff's family about ten months ; the defendant made daily visits, and continued there till nearly the hour of the plaintiff's return from business ; during the time the plaintiff was in jail, his visits were frequently in the evening, generally about eight o'clock; she had known him to stop till nearly one o'clock in the morning ; the de fendant and Mrs. Hall were together during that time, in the parlour ; -Mrs. Ilall used to call her when she wanted anything ; she took up, at her re quest, some warm water to make punch ; could not say where the rum came from, but had sometimes lumen the defendant to bring betties to the house; Mrs. Hall was in the habit sometimes of drinking more than she should have done, and she had known her to be the worse of liquor when the defendant was there ; she recollected the plaintiff being unwell the evening be came from the jail ; Mrs. Hall left the house about a quarter of an hour after he came borne ; the bed-room was off_ the parlour, and she' remembered Major Barrow once going into the bed-1 room in the day time, when Mrs. Hall was sick in bed—she had not been up that morning, and he re mained there about an hour; the witness could not say whether The door was shut or not ; she also knew that the defendant had given a golden necklace to Mrs. Hall ; she saw him throw it up to her at the window, and heard him tell her to wear it for his sake ; in throwing it tip it fell down, and Mrs. Hall went out and picked it up. Witness had also a knowledge of Mrs. Hall's visits to the defendant, dis guised in her *dress, in the evening ; Mrs. Hall re turned home between ten and eleven o'clock, evi dently in liquor; her dress was muddy and dirty, and her clothes disordered ; she recollected one Sun day, when Mr. and Mrs. Hall were going to church, that Mrs. Hall received a note from the defendant, and immediately changed her mind, and said she was unwell : the plaintiff went to church without her; no sooner, however, was he gone, than Mrs. Hall went out through the fields past Major M'Colla's house; Major Barrow then lived near the exercising ground. Witness could not testify where she went, but she appeared to go in that direction; she had ob served a difference in Mrs. Hall's dress after the de fendant had been there ; her tippet was frequently out of her gown, and she looked as if she had been pulled about ; she knew also of the ladder being re moved, and saw the marks of foot-steps in the snow. [The witness gave the same account as her husband did, relative to what Mrs. Hall said about Major bl , Colla3.—She remembered once going out, when she left Mrs. .Hall very well ; but on her return was let into the house by the defendant at the back door, who told her her mistress was unwell ; the witness went up stairs, and found Mrs„ Hall wrapped up in a boat-cloak, and in a state of intoxication. During the time she lived at the plaintiff's, he seemed an at tentive, good, and affectionate husband ; his conduct in the regulation of his family was most orderly, the house ies-is shut up at ten o'clock, when they went to bed ; but during the defendant's visits, whilst the plaintiff was in the jail, the house was sometimes kept open till twelve o'clock, and drinking going on. On her cross-examination she stated that she always thought the plaintiff and his wife lived happily toge ther. Witness recollected seeing Mr. Uniacke once call there, and of having given him pen and paper to write a note; but did not remember his acquaint. ing her of the nature of his visit, or of having had any conversation with him, except his asking her if the plaintiff was not in jail, and desiring her to de liver the note to Mrs. Hall; she never saw Major Barrow take any liberties with the plaintiff's wife; the reason she did not give a full detail of every thing she knew relative to this affair when she was before the Magistrate, was, because she was in hopes Mr. and Mrs. Hall would come together again; wit ness lived at Mr. Haverstock's, but never had any conversation with him about the business, or with Mr. Hall concerning what she should say ; at the time Mrs. Hall went out in disguise, it was about seven o'clock in the evening, and she was sure she wore a large cloak and fur cap belonging to the plaintiff; this circumstance was so singular that the witness went out purposely to watch her, and she saw her go distinctly i n t o M a j or B arrow ' s house -J Mrs. Hall was in th e h a bi t o f ma ki ng patt i es f or t he defendant's children, and her husband used to take them, accompanied with a note, the contents of which she was perfectly unacquainted with; the defendant sometimes used to stop there till late ; and on the night when Mrs. Hall was wrapped in the boat-cloak and intoxicated, he did not go away tdi past twelve o'clock ; at the request of her mistress she took up some warm water teethe parlour, and Mrs. Hall took it from her at the door; she had no orders not to come in; she remembered at one time, when the - defendant was there, the parlour-door was locked; the witness was only married yesterday, and at the time of which she was speaking was far advanced in pregnancy ; she had never expressed a wish to Mrs. Hall not to call her into the parlour on account of her delicate sensation ; witness knew of the defendant bringing wine to Mrs. Hall's, and of sending a fowl, Which Mrs. Hall had roasted, and sent to the plaintiff-while he was in jail; and the witness was desired not to mention to him who gave it to her; witness could not be mistaken in believing Mrs. Hall to have been in a state of intemperance, because she could scarcely take her clothes off, and she vomited considerably. From the appearance of the sickness she believed it to be the effect of drinking rum, because it smelt strongly of that liquor; on the following morning ,I the defendant called, and inquired if MIS. Hull ens at home? she told him she was, and not very well ; the Major went up stairs, and into the bed-room ; Mrs. Hall was then inted ; he remained there about an hour; the witness then went down into the kitchen ; the circumstance was strong in her recollection, fir she remarked the Major was dressed (as at present) in a blue coat and round hat.--t The 'Counsel for the plaintiff rested the case here]: Mr. UN ACK E addressed the Jury far the defendant l—The Learned Counsel then called Mrs. Phalan, who related that she went to live with the plaintiff and his wife soon after their mar riage, when Mr. Hall commenced a course of ill con duct towards his wife; that he treated her brutally, used to strike her, and to knock her down. The first commencement of his bad conduct towards her wan evinced by using the most abusive language, and in about a year after their marriage he began to ill-treat her; this wa.s'long before the defendant visited there When Mrs. Hall left her husband's horse, witne.s went to the Rev. Mr. Gray, and stated the unfottt:- nate difference between Mr'. Hall and his vt ife ; and the Reverend Gentleman urged a reconciliation, and effected it. Mrs. Phalan went on to state, that one Sunday, when she went up stairs to call the plallitiT out of bed, she heard screams, and immediately burst open the door of the room ; that she there , saw Mrs. Hall standing in one corner, and the plaintiff in an attitude as it he meant to strike her : Nfrs. Hall burst into tears, and said, " Mamma, indeed I am not to blame." Mr. Hall was in a violent rage, and he re quested his wife to beg his pardon ; and the tVit k orsS told her, whether she was wrong or not, she had better do it. She bent the knee, and asked his par -don ; but before she rose he struck her a blow on the stomach, and then dragged her by the hair. The plaintiff in his rage broke the looking-glass and the wash-hand basin; he afterwards with a whip at tempted to strike her; he took up the tea-cups and dashed them into the tire, and with the poker smashed a favourite ornament that had been given to her p:e vious to their marriage. _ One of the Jury here asked if Mrs. Hall did not use any provoking language: The witness replied, Mrs. Hall was of a haughty temper, and might have said something to incite his anger. Mrs. Phalan continued to state, that these circumstances took place before Major Barrow be came acquainted with the family ; she always believed the plaintiff to be of a jealous disposition ; it would be two years next month since witness left the plain tiff's house, on account of his had conduct t..wards his wife. During the last winter, when she ‘‘ as at Annapolis, she received two letters from the plaintiff, which she had handed over to Major Barrow.--rllie letters were then produced, and rather confusedly read ; one of which, dated 6th January, 1820, com plaining that Mrs. Hall had left him, contained a passage nearly to the following effect : " Mrs. Hall has long formed an intimacy with Major Bartow ; 1 do not say anything about it, .but, on the contrary, countenance it ; because,' if I did not, it would do me an injury:]--The plaintiff had received all the rents that were coming to Mrs. Hall, and had never settled one shilling upon her. On her cross-examination, Mrs. Phalan admitted that Mrs. Hall was rather c,f an irritable disposition, and frequently had occasion to check her temper be fore their marriage. Susan. Kennedy said, she lived with the plaintiff not more than a fortnight, about three years ago; she never saw anything of an unhappy tendency be tween them, except that, when she was going up to bed one night, Mrs. Hall called her into the room, and she found him sprinkling water in Mrs. Hall's face.; the plaintiff told her Mrs. Hall had had a tit, and that was all she knew about it—(2l laugh).— Mrs. Hall had informed her that the plaintiff ill treated her, but she never saw anything of the kind. Mr. John Howe, jun. stated, that sopn after the plaintiff came out of jail, he had a conversation with him on the subject of the.defendant's intimacy with `Mrs. Hall ; and he acknowledged that he was aware of it ; but that for the sake of peace - and quietness, he would not say anything about it. Major James Blair deposed that he was J3arrack- Master-General at this place, and that the plaintiff was in that department as first clerk : his general character seemed to be that of a very mild man. The Hon. Judge STEWART addressed the Jury, who retired for about half an hour, and delivered their verdict for the plaintiff—Damages £4OO. Blia.swr.—Yesterday Andrew Sri!lard, 75 years of age, was brought before the sitting Magistrate, at Marlborough-street Office, on the charge of intermarrying with Mary Burgess, his first wife being alive. Ann SpiUatd, a respectable-looking fe male stated that she was the first wife of the prisoner; her maiden name was Hovendon ; she was married to th e prsoner in the year 1715; she produced the certificate of her marriage, signed by the Rev. Mr. Lewis, Minister of Bedminster, Somersetshire; he left her about three years ago.—Mr. John Palmer, of Ox ford -street, stated that the prisoner lodged at his how, a short time, when, through the medium of a female lodg er , a matc h was made between the gay redrwer and Mary Burgess and his daughter officiated as bride's-maid; they were married at St. Dunstan's Church ; he afterwards saw the first wife of the pri soner, and then thought it his duty to become prosecutor in this ciae.—Mr. Oliver, the Solicitor fir the prosecu t i on , sa id t h at he bad not the cer tificate of the second marriage of the prisoner, but that in a short time he could procure sufficient evidence.— Mr. CONANT said, to give him time he would remand the pri soner until Monday, for further examination. 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