The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-12-03 00:00:00

EXTRAORDINARY CHARGE OF
FELONY.

SHOCKING DE P RAVI ry.

Thomas Warr and Mary Ann Warr were charged with
feloniously ntraiing • dog, chain, two chairs. end other
alai log on 111, alt, the property of Thomas Allen.
Mr. Ilayes„,iefended.
Prosecutor sai.l: On the 21at nit I lived at Netherton,
bat now live at Halesowen. The female prisoner is my
wife ; ray lawful wife. I married her at st. Thomas's
Church, Dadley, about four or live year 4 since. On the
19th twit to Dudley and :IA not return until th..
ivou I found that she and the male prisoner hill tak,
rn gaols.

. -
Printer Warr here said that Mary AIM Warr was ikii
lawful wit.,, aud that he was Inarriea at 01.iswint"rd m.mo
than twenty yearn ago.
Prosecutor: I did not know that ahe was ever married

before. She always told me that she never was married
before I married her, and that she was a single woman.
Mr. Hayes said it was quite clear from the prosecutor's
own statement there was no case against the female pri-
soner se he admitted she was his owu wife; and the
Bench discharged her.
The case was then proceeded with against the roe,
prisoner.
Prosecutor said: I know the prisoner, and charge him
with stealing my goads. Have kuown him formorethan
20 years. Know that the female Warr used to live with
prisoner as his wife, but she always said she was net
married to him. Booed the goods at the prisoner's house,
end also his wife. The value of the goods anadunted to
its ad. Pave got back the dog, end want my wife back.
Cross-ex ~.mined : DUI not tell my wife I was going
away. Have often gone away from home for two or three
days together. I had a warrant to go to the prim-wee.,
house. Did net go by myself, as Warr had threatened
t scrape my skull.
Mr. Hayes addressed the Bench for the defence. athl
said the prisoner must be discharged. He was prepup d
to prove that Warr was the lawful husband of the woman
claimed as the wife of prosecutor, and that the wounia
had no idea ithat she was married to Allen. He could
show that she bought the gods herself, and took them
to the prosecutor's hence.
Prosecutor: Yes; hut my money paid for them.
Mr. Hayes then referred to Stone's .111rotual to show
that if it turned nut in the course of an investigatinn
that a defendant had committed an offence in the ratit-
e.* of a Woe fide claim or assertion of a right, the Bench
had no jurisdiction, and the prisoner must therefore be
discharged.

The Bench said it appeared they bad no jurisdiction,
and discharged the prisoner, at the same time telling the
prosecutor that his conduct we ..unot disgraceful, and
that he ought to be ashamed o. '5 sh for the say in
which he hot acted. For, as 'ding to his own admis-
sion, he knew the woman had beta liviag with Finer, as
his wife.

The Clerk then asked prciecator if A wsle. to give
the woman into custody, for
Prosecutor replied : W. to hurt
her. I would rather nave hei I,7tiek
The Clerk: What, have hod: alziothae man', w lie?
Prosecutor: She is my le•iit./ wile, sad xhe has got
that in her pocket which .Aid• pro,. it.
Mr. Hayes: Will you l'ac e a Nausea against her on
the charge of biramy ?
Prosecutor: Yee, eir ; i will
A sworn information was then lolged whist the wo-
man, and she was taken i,,to •u•••l • iy.