The Express.
London, England, 1860-08-06 00:00:00

(Before Mr. Justke Blackburn.)

Elizabeth AMR Barber, a well-dressedmiddleaged woman,
surrendered to take her that for misdemeanour, in having
knowingly and wilfully caused certain false statements to be
entered upon a register of births.
Mr. Bibton conducted the prosecution ; Mr. Lilley and
Mr. Pearce were counsel for the defendant.
The learned counsel for the prosecution, in opening thecae.
to the jury, said that the lady at the bar wee the wife of a
gentleman named Barber, who, he was inetructed, was in
posseesion or entitled to considerable property, and they
were married in the year DIX. They continued to live top-
ther until the year NO, when Mr. Barber got into diffi-
culties, and was ultimately taken to the Queen's Bench
prison, and since that time the parties had never lived
together. The defendant in 1859 resided at Thames
Dittos, and in August of that year she had a child, and it
was with reference to the statements made by her to the
registrar of births for the district, and which he should
clearly prove were false, that the present prosecution was
instituted against the defendant. The jury were aware
that under a particular statute it was necessary that the
mimes of the parents of every child should be registered,
and it would appear that the prisoner stated to the registrar
that her name was Elizabeth Anne Jones, that her maiden
name was riuminersby, and that her husband's came was
Jones, and that be was a traveller, when she knew per-
fectly well that she was a married woman, that her real
name was Barber, and that her maiden name was not
Summersbv but Goodall. Re said that he thought be
was bound to inform the jury that this prosecution was not
instituted by the registrar or by the authorities, but that it
emanated from the husband, and that he had also com-
menced proceedings in the Divorce Court. He was not
aware of any object the defendant had in view in making
the false statement, but if he established the facts the jury
would be bound to convict her of the offence imputed to her
by the present indictment.
Mr. Justice Blackburn inquired whether there were any
grounds for believing that the giving of the false names bad
any reference to obtaining property of any kind by means
of the proceeding
Mr. kibton said he could not And any evidence that this
ws so.

I[r. Justice Blackburn said that as this was the ease he
was of opinion that the prosecution ought not to have been
instituted. It was not at all the case coatemphated by the
act of parliament.
Mr. alley said that the prosecution was not orb, insti-
tuted by the husband, but he had actually caused the com-
mission of the offence by him.elf sending the registrar to the
defendant to obtain the statements that were made the sub-
ject of prosecution.
Evidence was then adduced by which it appeared that
Mr. Woods, the registrar of births for the Esher district,
went to the defenlint's house and tokl her be had been
inform, there was the birth of a child to bs registered, and
asked for the n ;”:ormation, and the defendant gavo
him the particulars w ich he inserted in the register, saclike
defendant signed it as Elisabeth Anne Jones. He also stated
that a person named Barber, whom he had since ascirtained
was the husband pf the defendant, called upon him and re-
quested him to go and obtain the information from the de-
fendant.

A witness named Bickel, also proved that he had known
the prisoner and her family for a great many )ears, and that I
her maiden Dame was Elizabeth Goodall, and be had never
heard her called Suniniersby. He likewise stated that he
was present at her marriage with Barber, twenty-three
years ago. and be had seen Barber a short time back.
Mr. Lilley, at the close of the -irosecution, took some tech-
nical objec.ions to the indictment and
Mr. Justice Blackburn said it appeared to him that the
only averment that required an anwerer was the one that
the defendant had falsely rlleged that her maiden name was
Summershy, when in point of fret i. was Goodall.
Mr. Lilley made a very energetic address to the jury on
behalf of the defendant, and in the course of it he said it
was clear that the prosecution bad been instituted by the
husband from vindictive motives, and not :or the purposes
of justice ; .rd he contended that the jury would be justi-
fied, under all he circum.:ances, in coming to the conclu-
sion that she ilefendans bed not wilfully stated he- maiden
name to be Summersby, and would be justified in acquitting
I her on that ground.
Mr. Jus.ice Blackburn in summing up repeated that in
his opinion the prosecution was a eery improper one, and
never ou7ht to have been instituted. The object a the act
of parliament was to prevent ri ister. of births, he. from
being falsified for the purpose of enabling pardes to obtain
property, and it was never intended to gray to such a
awe as this. There on. still, however, no dOuht the. the
matter came within the serms of the statute, and they must
deal with it, and if she evidence satisfied them tha. the
defendant had made a false statement, and had caused that
false statement to be placed upon the register, the only
course they could pursue was to find her guilty ; bat they
might, r. the avae amompany that verdict by a re.
commerda.;on to mei cy.
The jury, a'ser some deliberation, found the prisoner
atiiity, bus 5...n0v,1y recommended her to the merciful con.
siders.ion 07 the tourt.

Mr. Juice Ill'ackbuni in passing sentence raid that in
his opinion the conduct of the husband in instituting this
prosecution was ae improper as it could he, and he was only
sony this was one at those cases in which the court
bad se power to allow the e: cases
that he might kegs a:-