The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-06-27 00:00:00

THE EXTRAORDINARY PERSONATION

OF A BRIDEGROOM.

Osborne v. Brittain.—Before Sir J. P. Wilde and a I
Common Jury.—This well-known case came on for hear.
tog in the Conti of nobate, on Wednesday last, on the
question of the right of administering the estate of the
deceased.
Dr. Deane, Q.C., and Dr. Swabey (instructed by
Messrs. Jenner and Dyke, solicilors, Doctors' Commons,
agents to Mr. Rowland Price, solicitor, of this town),
appeared for the plaintiff Sergeant O'Brien and Dr.
Tristain (instructed by Messrs. Fearon, Clabon, and
Fearou, agents for Mr. llawkes, solicitor, ni Birming-
ham), represented the defendant.
IDr. Swabee opened the pleadings, and Dr. Deane
. . .

- -
stated the facts.
The Rev. W. if. Hill, incumbent of Bt. Andrew's, Bor-
desley, was the first witness called. Be read from his
•••• -•-a, the era's. of the marring.. of" James Briton,
--••la,d on
69, and Nary Ann ShaW, 44," whien Wins
the filet Vehroary, 1867. Thy itete theti state,' to be
residing in Unreason Lane, Baraly Lane. The entry in
the biAc was in his clerk's writing; hut the certificate
was in his handwriting. He coal.) not retail the circotel-
stances very diatinctly ; many niarriasei took plack iii
his church. Thorn MO a hams. 1. ok kept, in which the
unites were entered, with the dates F‘hroary 3.10, and
17. showing the respective dates on which they weie
culled in church. HiA clerk's name wan Thomas Wall.
The parties who were married gave iln• descriptions from
which the entrien would be made in the register and the

certificate. IZein.mbered being sent for to Ohlewinford,
November 1. ISdi". to see a d ai body. That was not
. . .

recognised by bon as the body f the man ltrittain he

had I' red.

Cross-examined by Serjeant O'Brien : He saw the wo-
man Osborne in the Police Court, Birmingham, and was
not able to recognise 1,-r as the woman he had moreiril.
Witness had no recollection at alt of that particular

Illelrage.
Het !amines' : Never remembered to have made such a
mistake is tO enter the Christian name of the father
wrong In any mardiage
Mary Ann Osborne said her maiden name was Slim
She first because acquainted with Brittaie about twenties
three years ago, at Stourbridge. From that time up to
his death she lived with him. He gave her at first £l5
a year; and diout seventeen years ago this was increashd
to egh. The wages were not paid regularly. In the
beginning of 151i7 about £3OO was owing to her. She
knew a Mr. and Mrs. Gibson', and remembered Mr. C1.1,-
son's death. After that event Mrs. Gibson constantly
' visited Mr. Brittain. In consequence of her visits she
had a discussion with Mr. Brittain • and Mrs. Gibson
discontinued her visits. She sail to tithain : "If you
want to have Mrs. Gilison, you can pay me any wages. and
11l not trouble You any more. He then sad : "No, I
don't want to her ; ru marry you." This was in
January. 1.007. Then he sent the money ti Birmingham
ti put up the banns. It cost Is, and the money was sent
by witness's sister. There was a church close to them.
But they did not want the marriage there, because
. . .

George Brittain —Mr. Brittain's t7rother was not
friendly, and had not visited at the house for twenty
years. Birmingham was elaven or twelve miles distant'.
Her sister went over to Birmingham about a month be-
. .

fore the marriage. They left home on the morning of
the marriage about eight o'clock in their pony trap.
When she left home she did not know to what church
they were going. Her sister told Brittain the chcreh,
and he seemed to know where it was. 'they had to go
through is good many streets in Birmingham is, fore they
got to the church, where they arrived about ten o'clock.
There she met her sister and her present hesband Os-
borne. He was touched with rheumatics, but was that
morning able to get in and out of his potiy trap: his
hands were touched that morning. Sometimes he used
a stick to welk with. He had one that morning. butt .ft
it in the cart. lie would sometimes walk five or six
miles a day and was out walking the month in which
..he died. At church she sow Mr. Hill, and he married
I them. Mr. Hill asked Brittain some questions, and her
husband replied, "All nailers." He did make nails at
one time, and dealt in them. She was taught the trade,
and need to sell them. When he could not write witness
used to make memorandum, said then, when his hand
got better, he would copy them. That happened fee-
queatly, when he got a bit of a cold. [Shoots aint scraps
of paper were handed to witness.: Those were some of
her memoranda. The accounts were chiefly kept in the
warehonse. There were only two rooms in the house,
and they had to go through the house to get into the
warehouse. The persons present at the marriage were
Fisher. Hill, herself, her hosband and her eider. After
the wedding they drove to Mr. Siviter's. They bed lunch
there, and stopped about two hours. Mr. Brittain bought
some tin there, and paid for It. They went to Me.
Owen's, who kept a publie-house. There were several
people there, but she did not remember any names.
From there she went to Mr. Talbot's, a gold refiner, but
did not stop above a quarter of an hour. They called at
several places after that: and got home between sin and
seven in the evening. The certificate produced was given
to my husband in the church. My husband kept it, and
he showed it to Talbot. The marriage was not talked
about. In March she went over to Worcester, in the
trial about Mre. Gibson. She gave her name as Shaw
when called as a witness, because her husband told her
that her name was entered in the case before her mar.
riage by her maiden name. The solicitor in that case
did not know she was married. Her husband used to
take journeys three times a year. IVitness used to go
with him sometimes. After their marriage lie went
Once, end he wrote to witness to meet him with the gig.
"'the letter was read in an audible voice by the clerk.:
'She met him with the gig on that occasion (in October),
and on their way home the wheel came off, and her hus-
band was made very ill.
Serjeant O'Brien said he had no wish to lengthen out
the ease.
Witness: My husband died in the morning of the day.
Soon after his death she sent for her sister, who lived
only two miles distant. Witness also sent for Mr. Price
—she ran down herself to him. Price came to the house,
and the Brittains were there. Wituess told Price after
her husband's death that she was married ; that was in
the Loase. Samuel Brittain came to any house the day
of my husband's death, and lie accused me of poisoning
my husband. George Brittain also came in, and they
brought a house full. Young Mr. Price told them that
some of the property would belong to her as the widow.
She did not remember what answer George Brittain
made. They brought a house full, and scanted to turn
her out; but she remained in the honse eeveral days
afterwards. Witness saw her husband several times after
his death, and he changed very much. There was so
much excitement about the death that she was struck
with stones when she walked in the street.
Cross-examined by Serjeant O'Brien: Witness married
her present husband a few days after Brittain's death.
They continued to live together utter their marriage as
they did before.—Witness was severely cross•examiued
at considerable length, but nothing of any importance
was elicited.
Susannah Kingdom, examined by Dr. Swabey. She
used to go down to Mr. Brittain'e to wash nod clean al-
most every week. Mr. Brittain one evening asked her if
she would go to Birmingham and take the money for her
sister and him to be married. She said said she would,
and he gave her 6s. Next morning she went to Birming.
ham, and saw the man Fisher, and paid him 2s. No-
thing was said about her going to the church at that
time ; but she did go by ii, and met them at the door
of the church. Mr. OstrrFne held the horse. Brittain
got oat and threw his stick into the trap saying, "Brand
the stick, I'll do without that to-day." She made a mark
in the registry book. Mr. Hill gave the eertitleate to
Mr. Brittain. As soon as they came out of church she
wished them "good bye," and went off.
Charles Osborne, the husband of the plsintiff, exam-
ined by Dr. Deane: He knew Brittain, his wife's late
husband. Met him at St. Andrew's Church, in Febru-
ary, 1867. Months before that he met Brittein in Bir-
mingham.
Dr. Deane; Once before ?
Witneas No, months before?
The Judge: 111—o—n—t—h—s, Dr. Deane—ffaugh-
te

D).r. Deane; I couldn't catch the sound of the M at all,

my Lord.
Witneut : Some time in January I met Brittain, and
be told me to meet him on Thursday. the:ll,4February;
that he was going to be married to his housekeeper. He
did not see him again until he met him at the church.
They met there at ten o'clock. Could not tell who got
there first. He saw the last witness there. They were
in the church before witness got there. He was the last
of the four to get there.
The Judge : Is that right'
Witness : Of course it's right—(laughter).
Examination continued: Ile saw Mr. Brittain walking
up the church by himself without a stick. They were in
the church about twenty minutes, and when they came