The Daily Times.
Liverpool, Merseyside, England, 1861-01-26 00:00:00

EXTRAORDINARY CASE.

COURT OP PRORATE AND DIVORCE—LkNti...ny 24.

, BEVAN (FALSELY CALLED I'eMAHON) v. 314istAttorr.
The petitioner, Margaret Lea Bevan, prayed for a
declaration that a marriage which was, in fact, celebrated
between her and J'arnes IM' Mahon, the respondent, on
the 23rd of July, 1'848; was null and void, by reason of
the fraudulent concealment of the proper names and
residences Of the parties in the affidavit upon which the
license was granted. The respondent had entered an
appearance, bat filed no answer.
Mr. Collier, Q.C., and Mr. W. Brandt appeared for
the petitioner.
Mr. Collier stated that the petitioner was the daughter
of a surgeon in extensive practice, who live& at Clayton-
lodge, in the parish of Childwall, near Liverpool. He
was now deceased. He was possessed of private pro-
perty; he lived in some style, and was well known and
respected. The resTonient was the conductor of an
omnibus, which plied in the neighbourhood of Liverpool,
and in which Miss Bevan occasionally rode. She formed
au acquaintance with him in dune, 1858, and after a few
interviews agreed to marry him. She made, however,
two conditions ; one wt2s that the marriage should be
clandestine, and the second Chat he should not claim to
live with her as her husband for two years. She after-
wards said that she never intended to live xvftt him at
any time. The marriage accordingly took place in July,
1858. He was unable to explain the motives which had
induced the young lady to commit this rash act, of which
she had since bitterly repented. Her mind was at that
time in a morbid state. She was brooding over some
injury of Wrong she had sustained at the hands of
another person. The npr'etet injuria former sometimes
aroused very strong feelings, and, without entering into
a painful inquiry, he would simply state that she was in
one of those moods in which reckless and desperate actions
were very often committed. It was agreed accordingly
between her and M'Mahon that the marriage should
be kept secret. She was then 23 years of age. The
learned counsel proceeded to state the steps taken by
31‘11fahon to procure a license, as they were afterwards
stated in the evidence, and his representation to the
surrogate, who lived at Everton, four or five miles from
Clayton-lodge, that the lady was Margaret Bevan, of
Whitfield-street, Toxteth-park, in the parish of Wal-
ton-on-the-Hill, and that he was a bookkeeper. The
name of Lea was suppressed, because the lady's family
was well known in Cheshire ; her mother belonged to
the Lea family, she was always called Lea Bevan, and
it was supposed that if the name of Lea Bevan had
been communicated to the surrogate the license would
not have been granted by him without further inquiry.
It was ageed that, in addition to the suppression of her
name, she should be described as residing in a small
street in a district called Toxteth-park, in the parish of
Walton-on-the-Hill. The address given by M'Mahon
was also false. He made an affidavit containing these
false statements, in which he also swore that the lady
had been residing in the parish of Walton-on-the-Hill
for the last fortnight. On the day appointed Miss
Bevan met M'Mahon at Liverpool, drove to the church,
and they were there married, the lady signing the
register as Margaret Bevan. She immediately returned
to her home, and M'Mahon went to his work. She
had one or two short interviews with him in the course
of the next week or two, and about a month after the
celebration of the marriage it was discovered by her
father. The family was in great consternation, and
Miss Bevan herself, then fully awakened to the conse-
quences of the act she had done, bitterly repented of her
conduct, saw M'Mahon, and told him she would never
live with him, and that she regarded him with abhor-
rence. The suit was originally instituted by Miss
Bevan's father, but he died, and Miss Bevan then pro-
ceeded with it.

Edwin Ayres, the sexton of St. George's Church,
Everton, produced the license and register. The parties
were therein described as James M'Mahon, bachelor,
over 21 years of age, bookkeeper, of Yates-street, Tox-
teth-park, and Margaret Bevan, spinster, over 21 years
of age, of Whitfield-street, Toxteth-park, in the parish
of Walton-on-the-Hill. The marriage was solemnised
by the curate on the 23rd of July, 1858. On the Ist of
July, M'Mahon went to him with a friend named
Smith, and inquired how he could get married by license.
He referred him to the Rev. Mr. Marlen, the surrogate.
He afterwards came and appointed a day for the mar-
riage. He said he had been disappointed by the lady
who was to have been bridesmaid, and he asked the
witness's wife to act in that capacity. The particulars
in the entry in the register were given by M'Mahon.
He asked the profession of the lady's father. M'Mahon
said he did not know what to call him. He replied
that a person who was not in business was usually called
a gentleman. M'Mahon said that if he described the
father as a gentleman he would not be far wrong.
The Rev. Henry Marlen, incumbent of All Saints,
Liverpool, and surrogate for granting licenses in the
diocese of Chester, said that he lived at Everton. On
the Ist July, 1858, M'Mahon called on him with a
person named Smith,. and said he wanted to obtain a
licence. In answer to the usual questions, M'Mahon
stated that he resided in Yates-street, Toxteth-park, in
the parish of 'Walton-on-the-Hill, and that he was a
book-keeper. He also stated that the lady's name was
Margaret Bevan, and she lived at Whitfield-street,
Toxteth-park. He read over these statements in an
affidavit, and asked whether they were correct. M'Mahon
said they were. M'Mahon then attached his name to
the affidavit, and swore to the truth of the contents.
(The affidavit was given in evidence.) He forwarded
the affidavit to Chester in the usual course, duly received
the licence, and gave it to M'Mahon. M'Mahon was
dressed not like a gentleman, but like what he described
himself—a book-keeper.
Mr. Bridgeman, the petitioner's attorney, produced
some letters written by Miss Bevan to his daughter, who
had been one of her schoolfellows, in which she signed
herself "M. Lea Bevan." He also produced a copy of
an entry in the register of a church at Liverpool, show-
ing that she was baptised as Margaret Lea Bevan, born
on the 24th of January, 1837.
Mrs. Bevan—l am the mother of the petitioner. My
mother was a member of the Cheshire family of Lea.
My children are all called Lea Bevan. My family is
well known in Chester. About a month after the mar-
riage it was found out by my husband. M'Mahon
afterwards came to the house and saw my daughter.
Margaret Lea Bevan, the petitioner, said—ln the
summer of 1858 I was living with my father at Clayton
lodge. I became acquainted with M'Mahon in June
through the cook. I had from time to time ridden in
the omnibus of which he was conductor. I had one or
two interviews with him in June at my father's house.
I agreed to marry him. At first I refused, but after he
had asked me several times we agreed to obtain the
license clandestinely. We agreed to sink the name of
Lea, and to state false residences in order to deceive my
parents and the surrogate. I was well known by the
name of Lea. I told him not to claim me for two years.
I had fully made up my mind not to live with him. He
agreed not to claim me for two years. I was then suffering
from a disappointment. I made this agreement with
McMahon a few days before he got the license. It was ar-
ranged that he should get it. M'Mahon afterwards told me
he had got the license. I asked him if he had omitted
the name of Lea. He said he had, and also that he
had stated wrong residences. We were married upon
the 23rd of July. I met him in a cab at Liverpool.
He showed me the license, and told me to he particular
to sign the name "Margaret Bevan." We went from
the church in a cab. 'We then separated, and I went
home. My father found out the marriage about a
month afterwards. M'Mahon came to my father's, and
I saw him in the presence of my aunt. I said I never
would live with him, and I hoped I should never be
obliged to. He tried to persuade me. I said I would
never agree to it, and I hoped I should never see him
again. He went away. I have only seen him once
since, as I was coming from church ; but I had no
interview with him. There were never any familiarities
between us.

John Thomas Smith—l am a friend of M'Mahon, and
I went with him to get the license. He had told me
that he had had an interview with Miss Bevan, and he
wished to know how to get a license. He said he was
going to omit " Lea " in the name, and to say that she
lived in Toxteth-park. She knew of it. He said it
was to be done in order that her friends might not find
it out, and that the Surrogate might not know lien
He was not to claim her for two years.
Mr. Collier, Q.C., and Mr. W. Brandt were then
heard in support of the proposition that the fraud com-
mitted in obtaining the license to which both the peti-
tioner and the respondent were parties vitiated the
marriage. It is unnecessary at present to report the
argument in consequence of the course taken by the
Court.
The Judge Ordinary said that the questions involved
in the case were of such immense importance that the
Court would exercise the power conferred on it by
recent statute, and direct the Queen's Proctor to instruct
council to argue them on the other side upon a future
day. Without saying a word one way or the other as
to the difficulties of the case, he thought it ought to be
argued on the other side. lie was in the habit of trying
to look upon a gentleman who argued before him as an
antagonist, and he could not help sometimes forming
an opinion contrary to that of the gentleman who was
arguing. Without any disrespect to any argument lie
might hear on the other side, it was possible that after
he had heard it he might take a more favourable view
of the petitioner's case.

The-case stood over for argument accordingly.

DEATH OF SIR HUGH LTON PLAYFAIR.—The severe
and protracted illness of Sir Hugh Lyon Playfair ter-
minated fatally at hiS residence, St. Leonard's, at a
quarter-past eleven o'clock on the morning of Monday
last, and has cast a deep gloom over the whole commu-
nity of St. Andrew's. He was elected Provost of St.
Andrew's in 1842, and from the hour of his appointment
he devoted himself with great and appreciated energy to
the improvement, physical, social, and intellectual, of
his native city. For his varied services Her Majesty
the Queen was pleased to confer on the late Provost the
honour of knighthood in 1856, in which year th_. 13.
the Uni-
versity also conferred on him the degree of LL.II
n 0
his death and that of Sheriff Monteith there are
two vacancies in the trusteeship of the Madras College.