The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-03-14 00:00:00

2XTRAORDINARY CASE OF
ALLEGED MARRIAGE BY
PER

COMMITTAL OF THE ACCUSED.

the toilet. Cotri, at Birmuighlisi. an libitorriay bud.
befnro Yr. T. Avery (Mayor), Messrs. J. Jaffrey. W. Hal-
S. Rawlings, and F. J. Welch, Mary Ann Shaw,
alias Osborne. residing at Sfamher bftll, in thls town,
was charged with knowingly and unlawfully, in the
borough of flirmingliem. causing and permitting to be
Inserted in the register of the parish of St. Andrew.
Bordesley, in this borough, t false entry of the name of
OneJamesl3rittain, that being a felony under the the 24th
and 25th Act of Victoria, one of the consolidated statutes.
Secondly, that she, then living in the service of her
master, James Brittein, at the borough of Birmingham,
conspired with a man unknown, that be should wrong-
fully and fraudulently personate her master, the said
James Brittain, and in that character should soletnniee a
marriage will) her, for the purpose of afterward' raising
I a sr etious title to tue property of the said James lint'
tarn.

Mr. Hawkes appeared to conduct the prosecution, and
Mr. Parry (instructed by Mr. Rowland Price), appeared
for the defence.
Mr. Henry Ilawkes, in opening the eese for the proses .
ration, said : I appear to prosecute the woman now at
the bar, whom I call Mary Ann Shaw, e/nra Osborne. I
believe she calls herself by another name—that of
Osborne. I any instructed hy Mr. Oenrwe Britian, of
Stottrtaidge, who is the prosecutor, and I charge her
with knowingly and unlawfully, in the borough of Bir-
minghano, cauaing and permitting to be inserted in the
parish of St. Andrew. Hordesley, in tbiS borough, a false
entry of the noes of sine items BMWs, that belay •
telulay under the 21th and 15th Act of Victoria, one of
. the consolidated statutes. I shell submit also that the
°deuce comes under another class of eases, in Which
event it would be merely a itistletneatent : but I have •
right to state this now, in order that the Court may be
advised—if I mak• out the facts as I ant instructed—on
which charge I shall have to ask that the In-limner nosy '
be deelt with. The aecend ehaege is that she then living
In the service of Ler master, James Britten, at tire
borough of Birmingham, conspired with a man unknown, :
, that he should wrongfully end fraudulently personate her
' master, the said James Britten; end in tliet eharatitet ,
should solemnise is hire-tierce with her, for the purpose of
idterwards raising a specious title to the property of the
mid James Britian. The facts of this ease ere of the
most extraordinary character, and seem to me to require
very great care on my part, se that I may not omit any
of them, and at the same time I may not mageerate !
anything, or do any unintentional onjustiee to the prise- I
nor. James Britten was an ironmonger and general
merchant, residing at Stamber Mill, near Stourbridge,
where he had been for a very long series of years in
prosperous circumstances. During the last years of Ills
life he was sorely stricken from the effects of rhenmatie
fever, SO that his legs, up to the articuletion of the knee
joint, were perfectly useless, and that in walking he had
to make his way with great dilliaulty and labour, and hy
the aid of a strong prop. dragging himself along as he
walked, lie died on the 23rd of October last, at his
berme, at Stamber Mill, Stourbridge, being then seventy-
five nears of age. He had been apparently perfectly well
In the morning, and bad just completed the act of shav-
ing himself when be fell back, and in a moment or two
he was dead. I make no point at all with respect to any-
thing eriaing out of this. He died, however, ifl that
way, having made no will. Prisoner, Mary Ann Shaw,
for a nuniber of years bail been his servant. Ho had no
oilier female servant, and she acted in the decide capa-
city of menial servant and housekeeper. He livid alone,
beings bachelor, and he had no one living under the
same roof with him, his servant, the prisoner, living for
the last year or two at a cottage near at hand. Up to
the time of Mr. Brittan's death she snistained the char-
acter of his heusekei•per. She bail Leen called "Mary"
familiarly by his relatives, iind was treated as an old
servant would he, and no change in her chime:ter or po-
sition had ever taken piece. When Mr. Britten died the
nees soon went Grouch the town, Mane n sniall place,
and some of the relatives of the di ceased came to the
house. In Hie course of the afternoon. Mr. Rowlett,'
price, attorney, at Stourbridge, milled, and then some
questions arose respecting the disposition of tine property
possessed by the deceased, which marsisted of £2,000 or
£3,000, some personalty, and some realty. When Mr.
Price came in he maid to George Britten, son of one of
the brothers of the deceesed, "Well, you sad your robs.
tines will COMO in La the freehold property and half of
the pereoualty ; but the other half will go to the widow."
" Widow !" they said, " what widow? He was not user-
tied." "Oh, yes," Mr. Price replied, "there she is,"
pointing to Mary Ann Shaw. Whereupon Mr. George
Britten, perfectly astounded, said to her, "Mary Ann,
have you married ley uncle ?" She said, " Yea. I leave."
" When?" he asked. "Somewhere about a year ago."
" Where ?" "At St. Andrew'e Charch. in Bordesley."
Prisener then resumed the position of widow, except. I
believe that she did not show any great grief about the
death of deceased, for she was joking aud laughieg the
next day. A career was itnniediately mitered on the part
of my client, at the Court of Probate, in Worcester, to
prevent letters of administretion being granted, which,
in the mu il course, might have been given to the priso-
ner, as widow of the deceased. On the next merning
after the ieterview alluded to Mary Aim Shaw unit, in
Stout bridge, a man of thenalile of William Shields, who
hol kneeli her au-I Mr. James Britten for • lung time.
Tiley began to i talk, sad in the cuurso of convereation
Shields fa Inaeked. " Well, your old master', dead., She
said " Yea," and then she pulled out of her dress • war-
ridge certificate, and showed it to him. In that it ap-
peared aim had been married to James Britten on the
21st day of Fele uary, 1867. Then Shields said to her,
" Well. eo though you could not persuede MO to go iu
his name, you have got seine One else it appeare," or
words to that effect. She laughed at the remark, and I
believe after that they had something to drink together.
I won't, unless my friend presses use, go book to what
caused that reniark to be made, but I am (pito prepared
to do so if my friend pleases. The day alt r this con-
versation prisoner inude application for letters of militia-
istratiou, and a declaration was giv,:n by her iu the Pro-
bate Coutt to the effect that she was the widow and relict
of deceased. The matter has stood over for two or three
itheitlia, sad I appear, of course, not to go into this
probate question, but to charge this woman with the
felony which I have already stated. It lies with me to
give 601110 affirmative evidence sufficient to eatisfy the
Court that there is a reaaouable chance :of conviction,
and to shim that the prisoner was net married to this
man. After the extraordieary statements made by the
prisoner that she was married at St. Audrew's Church,
Bordesley, to James Brittain, my client took steps to
search the register at tie Church, and there he found
this registration, which is remarkable in very many res-
pects, mid requires a good deal of consideration. There
is registered the name of James "Briton "—not " Brit'
tan," as the deceased spelt his name—GO years of age,
bachelor ; rook or prefession, nailer; residenee at the
time of marriage, Gerriatiu Lane—that I don't lay stress
upon—FM.ll6lra cause William "Briton ;" rank, nailer.
The said James "Britons " is registered as having been
married en the 21st February, 13ti7, to Mary Ann Sham;
and there Is nothing remarkable in the entry of her
same, except that she say • that her residenee lass Senile
Lane, raid the ouly place in or near Birmingham called
Saudy Lane is in the parish of Aatoo. The register far.
ther states that the marriage was aolemuised according
to the prisetiess of the Established Church, after banns
having been published, by n'. H. 1111, the rev. incuen
bent of the parish, and in the presence of William Fisher
sad Susanne littigthen. The latter witness is the sister
of the prisoner, aud William Fisher is the sexton, so
that with the exception of the odicials of the church,
and a sister of the prisouer, there were no other wituele
see. All this having been ascertained Mr. Hill was iu.
d seed, along with the sexton, to make a jouruey to Stour.
bridge that he might look at the corpse of the deceased
before it had altered in any respect, and when, as 1 need
not say. the external accessories of the feeteres remained
the ammo as iu life. Mr. Hill and Mr. Fisher saw the
bode, sod they both declared in the preseuce of other
parties, that they could nut recognise the um. Mr. Hill
farther remarked that no pereou like the deceased had
Weir married by him in his church. I haver photograph
of deceased, which I,l4ovied that his feataree were atriiiing,
and that, templed with his lameness, Leeksuo the circum-
stances all the more remarkable. But I shall go further
and prove an alibi. Although it is more than twelve
urinates ago. I have witnesses who can prove an alibi, I
thiuk, to the satisfartieu of the Court, or at tenet present
an appearance of credibility that the Court will send the
case for trial. These witnesses will prove thet Jame.
Britten was not out of Stourbridge on the day in ques-
tion. It may be said that no long a time having elapsed
it is not easy to prove all alibi ; hut the question is not
oue of a few streets, or the question of a quarter of an
hour—like a question of the time it would t ike to go
(ruin Lawleyestreet to lieneage-street —but it is a ques-
tion connected with a town at a considerable distance
from Birmingham. And the person of whom the alibi
is to he proved is severity-five years of alp., a cripple,
usable to go a long disiouce, and truly able to get along
at di by the assistance of a variety of maths, and in
suck a Case it 14 surely mush More easy to prove as O/1.!,i.
Mr. Brittau was o tradesman having workmen under him,
amid he was very untlitelical and regular is his bushes.
Inshits. I shall show you that, wiieu he Callie on Bir-
mingham, which was vely seldom, he was generally driven
is or drove hitueelf, and that he put up ut a Contain pule-
lic.houlie in the town, an-1 there was always • good deal
to do to get him iuto the trap, so that altogether his
journey from Stourbridge to Birmingham was always a
matter of • good deal of notoriety. Worcester Assizes,
last year, coneueuced on the -Ith of Mare/I—l think on a
Monday. The witnesses that I shall call have the dates
impressed upon them, because there were some trials at
Worcester lit which they had to assist in 60/110 way or
other. Aud therefore they can fix the time for the pre-
vious eight or ten cluys very clearly. 111 -y will tweak to
this poor old cripple being present in his shop at Stember
Mill every day, from hall-past seven o clock in the morn.
leg, for weeks and weeks before this marriage took place.
I do not know whether I may anticipate seething that
may be said by my friend in defence. It May be said,
"But this is the marriage of James Briton, of Garridoll
lathe, no February, last year, not the marriage of the
prisoner to James Britten, of Stourbridge." If this ie
said, how could the prisoner have asserted that she was
married to another lean, since she Will laureled to James
Britten. There would he the crime of bigamy. So I
deal think that dui:Blue will help the prisoner at all.
Having opened these facts, I shall simply call evidence
to-day wider the secoed charge. I have some idea who
the man was with whom the prieoner conspired. 1 have
another marriage certificate here, but I will rely very
much on tile advice of Mr. (rem, that the felony is sus-
tainable upon the facts that I have stated.
31r. Parry arid lie appeared for the prisoner, and he
had list interfered with Mr. Hewkee in the seitement Le
had just wads, as he was milieus to know the charge
which would be made against the prisoner. Their Vs m.
ship. were fully aware that in • case of that description
it required great care acid some time to prepare the de-
hums. The solicitor who had the charge of all the doe-
Oman* Mr. Rowland Price, was at Dorchester. They
had no taealla of getting evidence prepared, and he
thought he would riot be iuskieg an ourealonable appli-
-1
cation if he asked for a reuiaud for a day or two that he
might promote the defence. .
Mn. Hawksa cod he scull Oct nisi.' Ole application of 1
Kr. Parry.

John Litt living at the Lye, said: lam a horse-nail
maker, and knew Mr. Britten well. On the morning of
the 21st of February I took some nails to his One° be.
twecn nine and ten o'clock in the morning. Mr. Biiltan
was sitting in a chair near the fire, and there was no other
per,ion present at the tirue. lie had on his working
clothes, and when I asked him if he wanted soy nails, he
till me to bring the nails Our,. I left him ahost ten
o'clock, and took the nails there between 0111, and tau
o'clock. lie was in the house, aid in the some dress as
in the morning. After weighing the nails, Mr. Britton
gave Inc is which ivas en:erel is a book, nailer the
date of 2lst of February, and deceased himself maids
the entry.
By Mr. Parry: I know the prisoner, who was house-
keeper to Mr. Britten. She was wit there that morning.
I did not go up stair*. I saw Mr. Scott in the passago.
I have spoken to no person as to the evidence I should
give here this morning. Mr. S. Britten told me I should
have to come here. I toll Mr. Illittau ou Wednesday
last that the date In the busk was the 21s1. I have given
the date for the first time to-day.
Mr. Samuel Brittain depo : My name is spelled
"Britton)," and that is the family way of spelling the
name. Deceased, James Brill tin, win My father's brother,
and he died on the 2.3,:d of October last. George Brit-
tam is beir.at-law. lie was possessed of personal and
freehold property to the extent of some £3,000. I live
shoot 300 or 400 yards from hit house with my father.
I have been accustomed to itm him very often, and up to
the day of his death had not the slightest knowledge of
his marriage. Deceseed could write very well, and I
knew Ilia handwriting. The letter produced is signed
"James Brittain," in his handwriting, and he never
signed a cross for his name. The 1)0 ik prolate!, and
referred t•I by Little, into his liana 1:4. I valet, her
well the day of his tlath. No other person lived with
him at his death. Prisoner acted VA menial servant and
housekeeper, and lived about Ave doors from his home.
I went to the house of my node on the day of his death,
and meeting the prisoner at the room, I Wuxi her how

: ---e---
The prisoner WAS then remanded until Waidneeil limit, 1
one up staim to have a doze. I were into tee I
ellen she was again brnaglit up before Mr. T. C. S.
Ilan I saw there a ma', earned .T 'I. Wr0t,,,,,,a, o
Kennersley (Stipeniliery). and Mr. J. Poncie.
' al e` 1 E'li •tan the pi iineer, and her
name am es . . ,
Mr. Hewkee agein speeered to ereseente, and Mr.
whet°
d.me is t,,,,,ther shaw. / trait,/ in the
my uncle was. She amid that he was better. Lae
Parry (instructed by Mr. R. Price). defended.
Omit three-gulden of an hoar. Ellisten, who e•
/ley.. W. gill devisee : I am incumbent of the perish
neeth the window, then turned op his eyes tower.
I i
church of St, i1e!!7"1.'!. 0.d.10y. ninninonm. Refer.
signal. considered that as a signa! that my unc
rise to the date of the 2is4, " e
I Fhroare. 1867. in the dead.
While I was there. Mr. Price, the solicitor ,
register, I find by that register th:, 1 Worri'l tr Pill; anal began to talk about the property. He said tb•
sone, one of whom, I believe, to be the pa-•.'ineler in o
of
P
real rotate wouli ma to the heirmt-lAW, WI one le!
dock. After the ceremony the man signed the e...." 1" the pereaualtv to the heirset.hw's next of in, ace
James Brtttan, and the female signed her name.
I re-
ether half to Cie widow. said,
calved from the parties their ages, and other partienie2,• ' asoiu:!WS to the Prisoner. he said." Thatwidow ?
widow." 1
stated in the register, and then inserted them. Several 'e , •a her, "Are you my uncle's wife
days after the "Ist of Yawners, I went alone to Stamber aald es ' seised her how loam die had been me
, I " Whet '
" Y(.l.- 4 " 't ll exactly, but I se
Mill, at Stoerbridge, and at the house I met the nephew .
'can te
I then asked her where she
cud brothers of the deceased man. I wet then shown i uod alto .
rePloot. I '
I about two yeaarashageo.'s . _ a • St. Andrew's, Bond
the corpse, Which appeared to he that of a very old man,
detween seventy and eighty years of age, with white hair married, tiasn
something ard
lilac a _
.unele, but not qui
whiskers. I did not see the prisoner that day. What . ?h. !Id w ~ , .. m). 'hew has rn
nandsome—Oauguter). Mary nen sa
, purported to be a verbal description of the man was
claim upon the estate. eeinst
' gieen to me by the nephew. Mr. Samuel Britten. Sup.
By Mr. Parry: I never made • chores` e -e.,,,dd
1 posing that description to be true, and conjoined to nay
prieoner far poisoning. I asked that there ins
Inspection of the body, I should say the deceased man
Coroner's inamest, and there was one, which I attei
did not answer the description of the person I married to
I never heard Mr. Rowland Price say that the eh
the female. It:either did I reemnise the features to awe-
was so great that he could not recognise the dem
big them. end I had no recollectien of them. Within
There was not much change in his appearance. At
my recollection 1 have not married a man who was
1 time we spelt oar mune •• lit • ittain " I examined th
cripple in the legs. . _...„ I Meter at St. Andrea's church, and found that the r
By Mr. Parry: A man accompanied the man 1111(0 WO ; of the man who was married there WA, written a,"
man who were married ; I have no recollection of eat-
tett, hailer.. The see„;„„ shown are in my m.
lug that woman (Susannah Kingdom, called by Mr. ! !
law° a__dwrin
ir• - g --. ii
I do not know that my uncle traded
Parry). A woman of that name signed the register as
M SIA Of Briton. Ile never passed me in the street •
! • witness. There was nothing remarkable that attracted ae c us and I had visited him very often. He
Imy notice about the man's gait, and I did not take par. °u"Pahof I his ronds on bedtime throngl
in the ge. ne .
u
I &alder notice of him. I have no recollection whatever : hie journeys extended over
Z
of the descriptiou of the man I married. I saw the feet 1: at rn Coo tiesi
:nen", p .
oduced id something
of the deceased, which were deformed. The original r
isthanree weeksdti n Several letters eres!.f. Produced by
entry of "James Briton, his mark," I wrote myself, and „
which witness admitted were i• the beehive
the mark only is in the handwriting of the man who was r
'cry'
: d h further tated that he did II!
of Mr. Britten, an e s
Married. I wrote the ;lame in the register "James Brit',
to .1 blame lo
the boa. to look after the 1011104 ens
" I Beet that the man I married •an old
ton, 69. recta
: see Ellis.
man ; and hail his apparent age differed materially from :
! Mr. Hawkes said that was the cue for the 'eminent
I
that given I should have remarked it. I got the infer-
Mr. Parry then addressed the Court at souse length
elation of the name "Britton " from the man.
the defence, and after pointing out what he consid
limexatelue Iby 3lr. Hawks,: The residence of the !
~I to be discrepancies in the evidence of the wanes..
, pail 01 woo given as Garrison Lose: and bad they sat
the rosecutien, and the fact that it had not been p
Stourbridge I should have required a necessary certitl- , P
had tb' -r‘
i that the Sallied no been properly green, went on.
I male,
state that he would call one witness who was i e.nt
: Cross•Matninetinn confirmed :Itis a common practice I p
• the ceremony, and would swear that the deceased
I for people who live at A distadee to give a residence in .
, Britten WAY the MAO who was married to the prism
: the pariah to qualify themselves.
1
• ! that he Wlid able to walk into the church without Wm. Fishef, seiton of St. Andrew's Church, deposed.
stick, He would also show that the old man stated
:
!My signal da !at aYreoded to the register book as witneh ss • .
fast at a public-house WllOl.O they called, and disp to a marriage. I recollect t!: marriage, a O
n ti
! ~ SW
„hoe te I eutirely the evidence of the man Shields. If Shi,
' female sign the book. A cross was made e',, `S. I was so iutimate with tht deceased man, why did he
who was married. Mrs. Kingdon asked me to be a wit- ~ , sian of the startling proposal which had L
Adds to the marriage, and she al. gave me notice to put ! tat°"l I -Mei m •at, ' asal sal keeping it a mystery until
a to
up the banns. Never daring the four years I have held ma
my situation have I assisited at the marriage of a man present time. .
Witnesses were then milled for
The follealng
who walked lame with a stick. In October last I went
to Stamb to er Mill, the house of Mr. J. Britten defence.
TI , where I - !lank, Kinges
K llien, _
was ahown the corpse of an old man. T photomapli is
Hanna. ingdom, icing M a
like the face of the teen I saw.—Mr. Parry: I don't kuow ford, deposed: Prisoner, Mar Ann Shaw, is ni" Slat
hd
whether it matters, but the witness looked at the Fillet°. and she wits housekeeper to r. Britten, whom I 1
known for many years. I went there in January. I
graph the wrong way upwards. (Laughteri.—l looked
your, cud had same convet.tion with Mr. Britten, is
at the feet of the 1111111. and I noticed that they were
ea reseal t
.of the prisoner. He asked me if I would contracted. I cannot remember nSt P seeing such a man i.
and take he money for them to be asked in church, ! Andrew• Church BIM yr. On the tlay before I went
told me to take it where [liked in Birmingham. Ia: there, the primner called at my house, accompanied by
*mated. He gave me ss, and I came to Birmingham.
Kingdon, and I had something to drink with the two
went to the Watery Lane, to the clerk's house. I g ladies. (Laughter). Mary Alan Shaw paid for the beer
him the notice for the banns to be put up fur their re
—a quart firet. (Renewed laughter). After that beer ti
rpm. After paviug the money to Fisher, whom I s tial been consumed, Shaw proposed to send fore
• a 1 weut back ta Sourbridge ned told them whet I I
niure beer, which was feteliml. Then the prisoner pia.
done. Arrangements were then made for me to semi
two foreign sm-ertigns in Illy hand, and they appeared
them to Birmingham, and le pursuance of lima
like shillings in my eyes. She then naked me if I would Pony
went to Birmingham am the morning of the 21st of i',
speak the truth, and Is lid I would. She said she wanted
ruary, and met them at the church. They came talk
me to speak nothing else lint the truth; and I said if!
! could swear to the than I would, and if! could not never trap, Anil I west by the railway. Mary Ann Shim
sisted Mr. Britten out of the carriage, and they th
would. Putting her hands up, Shaw ex-clamed, " Fate a
walked into the church, Mr. Britten going without I
ruined woman." After die left nay cottage, she said,
stick, which he threw back into the cart. He walked
" Remember a lump just there" (point.. significantly
allure her own eye). I should say that the man who little lame. Osborne, the present husband of the pri
'
nee, was in charge of the lam. while we were in chur,
was married was 5.1 or 55 years of .go. I cannot tell
exactly what was the colour of his hair; it was either I wiluessed the marriage performed, and signed i
dark, bonen or bleek—l thought no. name as a witness. A Brewer& they came out of t'
By Mr. Parry : Mn. R. Price, solicitor, of Stourtaidge, church with me, auil weut away together in the trap.
came to me in the vestry at St. Andrew!. I did not say frequently visited them at their house, and on one oc,
te him I huh not the least recollection of the persons sloe, when I stayed there all night I know that they h
who were married or the witweems. He asked me if I eimitd the sense room. I Wild seat for by my sister f
knew M.try Attu Show or Mrs. Itaugdon, but I don't re- the day that Mr. Britten died, and I got tliere shout 1
member saying that I had no ra collection of them as my o'clock. I was satin Taylor's house that day, nor die
memory woo inaperfa•ct, my skill haviim been eraetts„a, go to Stourbrialge at all.
I don't remember what I said to him, Lut I did tell Lieu By Mr. Hawks. : DJ you know that old man the.
that any skull had been fractured. I Imve not the slightest Pointing to Shields ? Yes, sir. I have heard talk
recollection of the man wile was married.—Mr. Parry: him, what a had old man he te—(ffteet laughter). Ihe
Then how do you account for his being fifty-four, or seen him several times. IN kin the deceased man esui
having brown or black hair ? Witness (after hesitating): out of the church lie gave Osborne something. Pei.
I caul tell, there are BO many men married. The naoney laer married Osborne ten drys after the burial of M
was put into my band, and consisted of two Australian Britten. Wilmas, here stated that when speaking of t 1
sovereigns and two linglials—What did you do With address to the clerk she said Sandy Lane, and Mr. Pan
them e Did you return them? I prettied her to have urged that she Wail not bound to answer • questiou•hi,
them back, but she refined. Neither of the women might crinenate herself, and witness refused to •11611/C1
suggested that I should not tell the truth, and I remount' why she informed the clerk it was Sandy Lane. Mr.
bee I did not tell the Incumbent about the four sure- Britten did not tell her to cite a false address. Witness,
relent.. coutiiming, said: I hid ABBOT had may cementation site
William Shields, Angel Street, Stonrbridge, deposed ;I Shields, and never saw 111W11 in company with may eider.
' have known Jame, Britten, of Stamber Mill. fifty years. I didn't know that my sister bad the ruarriage sertificete
' I remember his death. lie was something about my in her possession at the time of Mr. Brittan's death. I
' size, and had gray hair. Ile had been lame for many have not been to Bi.miegleina at all since they Were
years. Ile could not walk without his stick, and 110 germ married, and Ikw w matbieg about • box of deeds. I
rally placed it behind hire when walking. On the morn- went to Fisher's with um sister, but I did cot see her put
! big of the death of the deceased I met the prisoner and four euvereigns is his haus!. I went there to know why
• Kingdom Shim said the old man was dead, and I said he hal not put the Geist name in the register for site
' it is is ba 1 job for you." She put lux hand into her bo- fattier, having put William instead if Sewed Britten.
' sow, and pulled out a marriage certificate, and I said, My sister asked an,, to go. I bad seen the marriage cer•
' " Thia makes theca. better ; and if you could not get tilicate before, cud nay sister took one away with her
' me to effect the marriage, you gut sinnebady eles." And when uhe was married. Though I Ind seen the metal-
: the prisonerlaughed heartily. Kingilam, her sister, who rats, I never said anything to the decessed about it lee
: was standing by at the time, laughed also, and said, tween the marriage and his death. 11 c changed m —ter
' "It's all right; if you could not do somebody else had." I death, and no one would hare known him again.
! bad a convereation with the prisoner in December, lane, Jahn Perks mid: I live with my brother at the Swan
; and the subject of it WAY that she proposed a marriage Inn, Holloway Head. I Was at the stables adjoining
to me with her, that I should be married in the name of (lwen's public-house. in Broad.street, one moralism in
: James Britten instead of Shield 6, and that tee should be February last year. I knew the late Mr. Brittaa, who
: married during the Christie. Itirlideys. at Birmingham. used frequently to It at hit horse at our stables. Pei-
' either by banes or license. She further said that pee. sower generally CH/111, with him. While I was I attending le ple would not then take any notice of it, and that I re• his horse, Ur. Britten mune into the stable to me, began
! scudded Mr. Britten more than any one else in the par- jeSing, and seemed inaueuelly merry. He 'eked me to
! ish. I said it was a &ire/seat thing to go to church in go into the house and have something to drink with hits,
. another man's ntllle, Slid she said the reason why she .he had been 11111riel that day. I said It was strange
' wanted sue to marry her for was in order to ameinulate for an old emu like Ailll to merry such A young Woman.
' her husband's property. I knew James Balthus Was a He walked about without his stick and I had seen him
' man of properly. Prisoner called hereelf his house. without his stick on several prelim. occasiom, lie also
' keeper, and I have known her forty years. gave me a shilling, after which he left. On subsequent
, By Mr. Parry: I have been a prisoner twice; once for oecasioue when they came Weather the prisoner paid ley
illegal distress. and the second time for what I may call fee.
! a fighting job. (Laughter). I was once arraigned on By Mr. Nukes :We went ieto the smoke room, where
, another charge, hut bouourubly acquitted. I am lame, I had some port wine, ashl there were others there at the
and other people have considered that I Was like the the, time. Nothing was said in the smoke room about his
: ceased dames Beater. I was his compenieu, and had leaving betel married. Prisoner was also in the smoke
; been out with him anal the prisoner. Time deceased nian room, and they steyed at the house three hours. Primo. could not walk without his stick, and lie alwaye had it ner has always been called Mrs. Britian. I did not tell
, with him during the last twenty years. lam a widower. ray !fleeter about the marriage, but it was Mined about
! —About this proposal your ouly objection was lobe mar- among the servants. Lucy Taylor,
and another girl
lied in another name? Witness: and a very good °Nee. named Alice, who are still at Mr. Oweies, were &monist
: lion too. (Langliter).—That wee the only etartling pro. them. 1 was never at Osborne's. I was at Stourbeidge
! posal ? That was enough to startle anybody—Mr. last just before Christman I Win Ile Price, but did mist
! them; You were willing to marry her, then? Oh, yea; giveh urn the names of Mr. and Mrs. Owen, or thou oft!.
in nay own nanie.-31r. Parry : The proposal of marriage Servants.
,
. was made at Mr. Taylor's liquor shop fWe had been Ambrose Phillips Prier, cons! Mr. Rowland Price, dm
: drinking together. and went to other liquor shops. laas posed; On the morning of the death of the deceased I
. had the drlaak—a glass of runs and writer each—before was fetcked in a great harry is the house, arid I arrived
! the primeval eiis autale. (Latiehter). There was nobrely there shortie after eleven. I SAW the prisoner there and
, present who Saw lei together. It was about twelve deceased wake then dead. I remained about i I al&an. ' hour
, o'clock. and I got bads to the office, three-quarters of a mile die.
: Richard Scott, of Haye Mill, deposed; I was in Mr, taut, at two minutes to twelve. I eaw the Jemmied tying
Brittan's employ up te the time of his deeth. 11 I
o a ways dead in the room. I had known him many Y ears bat I
. walked with a stick, and was very seldom away Irian could fUeh scarcely recognise him, BO ll ' was be changed.
. home. When be went any distance he went in • trap, This being the whale of the
evidence, Mr. Knnersley
into which we aosisted bias Daring the week ending the decided to commit the prm : oner for trial at the Warwick
22nd of February. I WWI engaged in tiling the ware. Asaitea, accepting bail lln two sureties of YIOLI each, mad
house, which mu neer to Brittee's house. I saw him her hualtand in £2OO.
every day during that week from seven o'clock in the The bearing of the case lasted from
8 1
, morning till half.past rive in the afternoon, and he need seven, and time Court was crowded "en
until
n'arli
! to overlook the work. On the 21st February Mr. Brit.
tan Was with me in the warehouse from seven o'clock till
Indl-past three. I did not lose sight of him for an hour.
, My son, Betipwein Scott, was alne working with me. I
, bad a bill inaile out, and I made my mark upon it on
! the Saturday. when Mr. Britt in paid we the money.
By Mr. Parry: Mr. Britten was in the habit of making
! three journey. a year. and I can ammon that he never west
out in his trap to Birmingham while 1 Wtli there ill
: February.
. Benjamin Scutt, son of the last witness, deposed: I
, sin a bricklayer, working with my father. I knew the
deceased, and remember last February, before the Won.
; caster Anises. I. was tiling his warehouse along with
: my brother. We were working there six days, Emishing
on the Saturday night. I was there on the 21st of Feb.
, runny. My bristlier and I worked there all the time, and
! we saw Mr. Britten every day. We were only absent to
; go to dinner for an hour. Mr. Balthus WAS lame, and
, could scarcely go • step without stopping, and he sup-
ported himself on his stick when staudiug.
By Mr. Perry: I never site him eiLlauut a stick. I
have had no eonversatiou with Mr. Britten about the mi-
. denee I waa to give to-dey.—Witness hesitated.-11r.
Parry : Wail you swear it ?--I did have some couversetion
with Mr. Britten this moraine, shout the time when I was
socking them in February. On Saturday we concluded
work, and left at four o'clock. We were working there
, three weeks.—Are yen prepared now to swear that Mn.
Britten never went out with his horse and trap during
all that time P—Not that I saw. I never saw Mr. Brit•
tan go out except in his trap; and I never heard of
his going to Birmingham &winglike three weeks we were
there,