The Express.
London, England, 1847-12-15 00:00:00

BIGAMY.-CASE OF H. A. BROWN.

Lord BROUGHAM, In presenting the petition from Mat-
' thew Anderson rola- ing tb H. A. Brown, said that he knew
nothing whatever of the parties concerned, nor of the facts,
except as stated in the petition, and they were these :—ln
November, 1844, Mr. H. A. Brown, then a member of the
Irish bar, married t: e daughter of a Mr. Copeland, a gover-
nor of one of the provincial banks of Ireland, and immedi-
ately after went abroad. During his absence his father-in-
law discovered that he had previously, in the year 1842,
I,„,:_rvied one Mary Downes, and on his rr:::.^l caused him to
be arrested on aeh age of bly,sltw: for which o2enci wee
brought to trial end convicted, his defence being twofold ;
first, that he was a minor at the time he married !dery
Downes, and secondly, that she had been previoudy married
to a men named Fitzgerald, who was then alive. In support
of this last defence he produced no evidence ;
and to rebut the defence of his having been an
infant there was produced against him his own
affidavit made at the period of his first marriage, in which
he swore he was of full age. When first arrested be was
sent to Kilmainlism gaol, and confined in the muter
debtors' department thereof, and after his conviction, was
continued there until Feb. 8, 1847, and of this the petitioner
complained. Previous to his conviction, a suit was com-
menced to establish the nullity of his marriage with fdianCope-
land, and a decree to that effect obtained. Against that set.
Mace, however, he appealed, and brought the case before the
Court of Delegates, who affirmed the nullity of that mar-
riage on Feb, 5, 1647, and expressed a atrone opinion against
the defence of Mr. Brown—namely, that his first wile had
been guilty of bigamy in marrying him, a defence which he
endeavoured to establish by • prosecution against her, to
which she pleaded guilty, and was sentenced to two months'
imprisonment ; but the Court of Delegates considering that
that result was brought about by fraud and perjury, con-
demned Mr. Bro en in the payment of the entire coats of
the suit, amounting to between 2,0001. and 3,0001. For
this sum, as well as the sum of 2001., money
lent oa his bond, Mr. Anderson, the petitioner, lodged
an execution in the hands of the ahmff, w as to pre-
vent Mr. Brown's escape either by the expiration of his
sentestes sof impsiaaament, or by a pardon which was at the
time spoken of aod anticipated. Mr. Brown, however, ea
the Bth of February, three days after the decision of the
Court of Delegates, was transferred from Kdmainham to
Smithfield Prison, which was a convict prison, and thereby
removed from the jurisdiction of the sheriff. The petitioner,
therefore, complained that the entire proceedings adopted by
him for his two clients were frustrated by the conduct of the
government. He further alleged that it was known that
a pardon had been or was about to be granted to Mr. Brown,
and having asked the government for • reasonable opportu-
nity of arresting him, the government replied that they
would not interfere, and that the sheriff must act as he
might be advised. On a second application, they replied
that Mr. Brown had been pardoned on certain conditions
only, it having been ascertained,after a careful investigation,
that his health being in a precarious state, further
confinement
lie might endanger his life. The petitioner
further ged that the completion of the pardon was first
suspended from Thursday, the 16th September, till Satur-
day, and then that the patent, which, in the ordinary course
of business, could not have been enrolled before the follow-
ing Monday, was by extraordinary exertion enrolled the
same day, having been engrossed by anticipation, and deli-
vered to the governor of the gaol at four o'clock, who, how-
ever, did not act upon it, but kept Mr. Brown in prison
until the next morning, and thus sheltered him from his
creditors. Under these circumstance' the petitioner hoped
their lordahips would take the ease into their consideration.
The Marquis of CLANRICARDE denied that any
attempt whatever had been made by any officer of the
government to shelter Mr. Brown in any way. The reason
why he had been left so long in Kilniainham gaol was, that
an eminent member of the bar had given it as his opinion
that the conviction of Mr. Brown's find wife amounted to
his own acquittal, and that until that conviction was upset
Ur. Brown should not be treated as a convict. He was looked
upon, therefore, up to that time rather in the light of la
criminal before tries than a person convicted ; but the mo-
ment the decision of the Court of Delegates was given the
case assumed a different aspect, and the Lord Lieutenant
then decided that the sentence of the law should be fully sad
impartially carried out. The prisoner wee immediately con-
signed to the convict prison at Smithfield, but upon its being
reported by the medical officer that his continued confine-.
ment there would endanger his health he was transferred
back to Kilraainham, and placed under the-superintendence
of the government officer es a convict. The change was is
effect a mere removal of the prisoner from one convict depat
to another. His health, however, continuing bad, another
application was made to the Lord Lieutenant, who, knowing
that he deserved no favour, and being desirous of treating
him as any other convict under similar eircumetanoss.
directed an inquiry. Accordingly he was examined three
times by the medical officers, who reported that fur-
ther confinement in gaol would be fatal to him. Upon
this report, and after due consideration it was decided that
he should be liberated on condition of his absenting himsel
from the dominions of her Majesty for seven years, which
condition was enforced by a high pecuniary bond, eia.
bond of 5,0001. The securities were not completed to ;he
satisfaction of the Irish government till the 13th September.
On Wednesday, the 15th, the pardon was signed by the
Lord Lieutenant; on Thursday it was sent to the crown soli-
citor; on the Friday it was enrolled, and the necessary forme
perfected ; it was returned to the government office on Sa-
turday, and at the usual hour of transacting business in the
afternoon of that day Sir W. Somerville wrote the usual
order for the discharge of the prisoner, and forwarded it to
the governor of the prison. So far, therefore, as the govern-
meet was concerned' the usual course in every respect had
been adopted. The. only question that remained to be con-
sidered was, whether tome notice should not have been
given to Mr. Anderson, so that he might have been in readi-
ness to west the prisoner on his leaving the gaol;
but for that purpose, he believed, the proper proceeding
would have been an application to the Court of Queen's
Bench. At all eventa, no bleats could attach to his noble
friend the Lord-LMwenint, Sir W. Somerville, or any other
member of the Irish government, which had acted through.
out with the utmost impartiality.
After a few worth from Lord Baouonatt the petition
was ordered to lie on the table.
PENINSULA DECORATIONS.
- -

The Duke of that ems

time since he had asked the noble Earl (Grey), in reference
to the medals ordered by her Majesty to be given to these
who had served in pa. titular actions in the peninsula, as well
as in certain other general actions, both by sea and land,
during the late war, whether it would be possible to extend
that act of justice to other officers and soldiers who had done
their duty in various brilliant affairs during that war,
but which did not come within the limit fixed by her Ma-
jesty's order. Though no pledge had been given on the
subject, he hoped that the subject had been since taken into
consideration, and that a favourable answer might be amid.
pated. He wished now to ask whether the decorations
would be so extended—also when it was probable the medals
would be distributed—whether they would be given as the
claims were decided—w hen a certain number were decided,
or not until all the claims were proved ? He wished to re-
mind the noble earl. that if any considerable delay took
place very few of those entitled would be left alive to re
mire the honour.

Earl GREY, with respect to the army, was not aware of
any extension of the grant of medals, beyond that already
announced in the order of the 30th of June last ' • and, upon
the whole, it was thought that the medals should be
limited to those officers and ',Ashen who had served In
actions for which at the time medals were given to the general
and commanding officers. But with regard to the navy, it
was thought that this rule would not apply with the same
fairness, inasmuch as medals had not been given in the urns
proportion to officers commanding in naval actions. There-
fore, with regard to the navy same extension was conaidered.
necessary. The medals were, however, now in pr wren, and
in about three months he heped they would be rudy for dis-
tribution • when ready, he saw no objection to their being
distributea as the
.and were on t' 'ded.
....lain AND OUTRAWt (itusbAvD) BILL.
The Marquis of LANSDOWNE suggested that this bill
dmill be reed a second time to-morrow (this day), and the dia-
ennioaupou ft take place ou Thursday, when , should the hones
agree to that course, he would go into the question, and offer
such explanation of the object and the provisions of the
as, he hoped, would induce the Louse to adopt it. (Hear.)
biLord STANLEY thought the course suggested would
tend to the general convenience.
DIPLOMATIC RELATIONS WITH THE ITALIAN