The Express.
London, England, 1849-08-07 00:00:00

LOLA MONTEZ CHARGED WITH BIGAMY.

The anuses of the Marlborough-streetliee-eourt
store thr roped. yeeterdn, is soneseenee of It haviag Iran.
Wisethat the lady known as Lola Mentes, Countess of
lt, bad been appreheoded on • charged bigamy, and
was to he 'lamina oy the sitting magistrate. Armee.
smuts wen made torment the sou % from being inane
nintly erowded sod to afford beilities to the variose wit-
noses. Mr. Claslums appeared for the rromeution, and
Mr. Bodhis for the Camerae of Landsfelt.
About he.apest use (Moth the Counter of Landdelt,
inning es the arm of Mr. Heald, her
antpree busbasd,
came into emirt, aid was sicessnodated with
of the bee. Mr. Heald, also, will allowed to have • 'hair
betide her. The lady appeared vita usembsints d, tad
smiled anent times as she mode remarbe M his Insbasd.
She was Meted to be 24 years ate, on the eallwaiset, but
bus the look of a weman of 30. Sb. was 'Crewed in black
silk, with elees &deg black velvet jacket, a plain
white strew bonnet, trimmed with blue, and • blue nil. la
fears she is rather plump, mid of middle heigh ; et pee
dark eomylezioo, sat off by annually large blue s yes, with
lon • Meek lushes. Her reputed husbitel, Mr. Head, is •
tall man, of Juvenile figure end wiped. Batiste the
whole of the procooliop he set with the anatem's hand
clasped is IMEh of Lis own, comiionally giving it a f t
Kitimat, end at particular pxie of the evidence wb erring
to bar with the &mutat air, and pressing her hand to ots lips

with warmth.
Mr. Clarkson said, however painful the elicainstances
under whieh the lady who sits at my left 1:81r. Heald's
aunt) is placed, ste has felt it to be a duty she
owes to her deceased brother, the father of the young
gentleman now in court, to lay be're you the evidence of
this young gentleman's marriage WWI the lady at the bar,
end also other evidence which has led her to Impute the
offenses of bigamy to ths" lady. la the diadem of my duty
I stall hare to prove to you that yang Mr. Heald, the son
of the late well known Mr. Geo. Heald of the Chancery bar,
lass eon through the esressesty of marriage with the lady
by his ale, Ekes Rem Lusa or R wanna Jame'. 1 abaft
further prove to you that the lady is the wife of Themes
James. now eaptdas, of the 21st Regiment of Bengal Mann
Toot, who is at this time with his regiment is India. The
offence imputed to the lady at the bar by Miss Heald, the
aunt sad fur some time the :guardian of the estate of the
you's gentleman, is, that knowing her husband, Captain
James, was On, or that (newsy restionable grand tasted fee
believing best,
was an, she had oestrated another
=striate. I will sot here enter Into particulan,
unnecessarily painful to say party, but is ditchers' of my
dote to Mire Heald, I have no diecreilm but to state these
Acts. Mile fiend's nephew came of an es the 21st of last
January. He la sow segmeirsd to be the husband of Mn.
James, resp.ctitir whom I desire to say methane. except in
nfereoce to this ore. She calls easel/ the Countess of
Lindohlt, sad whatever may be her distinstion or notoriety
!shall reftala from maklsg any *Penal to it on eat as oc-
eans. The yenig patios= has cossidsrable property— I
six waves th aimed a year, and on the 19th of July bet be
contrasted a marrowe with lidre Jenne, who was already
Monied. The diet marriage with Db. James took pleas la
July 1337. Mr. James was then a lieutenant la the net.
meet of which he is sow captain. He was married at
Meath, Is Ireland, and I have a copy of the certificate. From
this cordials it appears that cm July 23,1837, Thee. James,
anis Eat India Cempasy's service, a lieutenant of the 21st
Megt.,was MITI led to Roseate Gilbert, spinster. From the ab-
essee of parties at present, I am sot yet prepared to establish
the Weal tact of Mil marriage, bat I have here an oMoer of
the Coeaatery C curt, who will produce a cep) of proceed-
ings in 'het won, mad I shall only refer to them to show
that the yat the bar, then the wife. of Lieut. Jung% went
to India with Ids aad ntersed to Bartleed without him. I
shall praline Capt. haute, who t ?might the Lady over
here, and who will prove the identity of the party. That,
however, is set a point about which there will be any diffi-
culty. fee the lady herself when a; prehended admitted she
had been the wife of Capt. James, bat that Lord Brougham
had got as add panismest to divorce her from Capt. James.
li inch an not of parliament is in existence, so ono
kunws better bow to mail himself of it than
my learned friend who *pain for the defence.
I shal prose that the Emiesiudeal Conn only greeted a
dims" e tamed et thoro 1 chill text show that a second
minium was contracted. I shall call the clerk of Bt.
Cinege's, HOIIO,OI.ItIWIPO, sad will prove the identity of the
parties. In addition to this, I hay to prove from the Ea
Irvin Department a record of the effective state of the Indian
army to the nada last June, and fom that I shall be able
ta prove beyond ill doubt that Captain James, the babied
of the lady at the bar, was then alive in India. This is the
substance of the evidence I shall produce before you ca this
occasion. lam bound further to state, that this proceeding
is on the part en! the attar, Miss Herild,withoet the content of
Mr Heald, her nephew, who no dmitt would, if he could,
pant those proceedings from beiag carried on. 81iss
Heald ha felt it to be her duty to the family of the
young patle man, who are highly respectable, to take
tilts* or...endings, eves without his consent, and no
one, I think, will venture to impugn the =ain't
or the purity ca! the intentions of Miss Heald
is taking this step. Mr application to the court Is for the
lady at** bar to be remanded until such time as we rill
get the pruner witnedes from India toe amt forward. For
this papa 1 shall proceed to prove that when the lady
maned the Tones; gentleman on the 19th of July her hus-
band, Captain James, was alive in India.
Miss Heald, an aged lady, of Headington Grove, Horn.
castle, Liaellnehir., said—l am sister to the late Mr. George
Head, Chancery barrister. The younr patina= is my
nephew, mad soar of nay late broth.r. He has a commission
in the army. IMU OppOitilfd as his guardian by the Court '
of Chancery. He became of age in January last. I have
felt it to br. my duty to prosecute this it quiry.
Thongs Ilowerd Montague, clerk in toe Coasistory Court,
produced the record of the proceedings in the snit James e
James. The decree of the court was a divorce from bed and
bolted. Witness had a copy of the sentence.
Toe Cosines" of Landant, with an impatient gesture,

said " I don't deny it."
Mr. Clarkson read the decree of separation, which was
slated Dee. 15, 1842. It decreed that Thomas James and
Bin Eau Anne Junes be separated; but that neither
party have power to contract stutter =triage during
Fredetick Danvers, clerk ia the But India House, pro.
doted a copy of the return of the of state of the
army is India, nude top to the 13th of June last. At the
period of that return Capt. Junes was alive, sad in India
with Lie regiment.
Castles Powell, parish clerk of St. George's, Hanover-
square, produced the register of yr:triage contracted in
July. Oa the 19. h of July a marriage was eostracted be-
tween George Trafford Heald sad Mash Tons de Lands-
feldt. Was not present during the ceremony, bat saw the
parties now in court sign the n ones in the register. They
were married by license by the curate, the Rev. A. Alston.
Miss Maud said the writing in the register was the hand-
writing o! her nephew.
PolOs-wegasist Orly. of the detective foree—l took the
tonneau into cestedy this morning, abut 9 o'clock, at No.
27, lialf-moun4.rect. The C 01121.121 wet in the passage, just
abut to get iota her carriage. I ttiol her she must consider
herself in my custody on a charge of bigamy, eke having
intermarried with Mr. Heald, her form'? husband, Captain
James, being alive. Tee countess replied she had been di
rand from Captain Juan by act of parliament. The
caunteu said, " I don't know whether Captain James is
alive or not, and I don't ewe. I was married in a wrong
name and It was not a legal marriage. What will the king I
eat? Lord Becteptam was present when a divorce was
panted, sod Captain Osborne can prove it."
lot vector Whtll confirmed the pvlice-targeant's statement.
Captain Charles Ingram e.eonvindsd the Lamm, Ent
hells trader. Had brought Mrs. James from In-
dia. Had no dont,' the lady in court was the same
person though sine) that time she had altered considerably.
Had seen Capt. Junes when he brolght his wife on board.
This was in the year 1811 or 1812, witness did sot know
which bat cored easily refer to his honk.
This Do into all the evidence fir the ;anent, Mr. Clarkson
intim:nil that ho should leave the east in the hands of the
court.
Mr. Boe'kin said he appeared on behalf of the lady who
bed bun dragged that morning to • station-bean to answer
a ebarge which in all his professi nal experience wag per-
fcc...y unparalleled. He never recollected a eau of bigamy
in which neither the first lotelond nor the second husband
note forward in the character of a complaining party. The
mltter would, however, undergo inverigation ; and if any-
thing had been dose that was illegal those who had corn-
mimed the illegality would be held respoa•ible for their wa-
ne. As far as the proof had pus he was williog to admit
enough hat been laid before the court to justify further in-
qusry. At the I recce time, however, he should be pre-
pared ter tow that the marriage with Xr. Heald wee a law-
hal set. It would stem that the lady had been married
when abut It or 16 years old, and that a divorce had taken
plan. From went of saltiest time it wasimpossible to
ascertain whither the asseetker mate to the officer was true
or rot. It wee evident the lady bad a strong Impression that
• divans bill had been obtained is the Honse
of Lords. This, however, might be a mistake
into which the lady wadi be likely to :fall from her not
being acquainted with oar laws. Enough bad been stated
to show that even 1%4 the imputed offence bean committed,
it had been committed under eireomstauces which certainly
appoarci to justify the wt. He adverted to this circum-
stance for the parrot of asking the court to allow the lady
to lease the Co.,', after patties in unquestionable bail to
appear to smut the inquiry at a day to be agreed um. It
was In the highest degree important that a char?, of this
sort waddle atterop'ed to be evaded by th- parties most in-
terfusd in the inquiry, and he hoped, therefore, his request
would be receded to. He unit not attempt to east any
reflections on the motives of those who bad brought forward
the case, bgt it must be doer theta privet: a..cl not a public
object ori,glo.s'eti the poisat proceedings.
Mr. Bingham, after a sheet consultation with Mr. Hard-
wick, said, It is observable ls the present cars, that the per-
son root immediately interested ((a
s person of hall age, and
brains • Ica kat II vivre envier) sot *per-
son to institute or sonststeasso prosecution. It is quit*
comps ibis with the !TAMS* now produced that the accused
may bay. rt.-dived, by the same mail from India. a letter a
few hours lat:r this thl cads' return, cammunisating the
death of C 'pt. James try &tarts quieten camalty. The law
presumes she is iaaricent till the lanai ;woof of guilt has bees
hnught forward. Hen that proof I. wanting, sad the
magistrate is requested to act as a presumption of guilt. I
feel great reluctance is doing so, even to the extant of a re-
mend, without an amatanse cm the part of the prosecutor
that the evident* wormy to man a conviction will cer-
tainly be prod towable cm a future octagon. Nona aseanase
an be given in this cum, become between the 13 h Jain sad
the last marriage, a pried of near six weeks, Capt. James I
may have been matched from life by say of thus stratereue
casualties with which life is beset in • mill-
.pketeedia and a tropical climate. However,
mew eileirica by the edemas that
•