The Express.
London, England, 1850-12-05 00:00:00

wits Mated him several tiMes, sad it wield M die„ that
he wen there in the early put of 1836. It would elso be
proved that Mr. Beath, one of his lathes trastess, met him
lan filigree, is January or February, 1886, sad that, as the
10* 4 May. In that year, be west with him M theiNese
lemrsamoMes, sad ma:fined to shares la thatiszn,
His 'isolative there would ales be proved. It maithdat them
be shows, by the waiter's book at the Ship Ins,
was map of am sasoaat nosily& em tas lOtk of Musa
sa ,
1836, km ass deemed ; sad *se it wield be
proved slat ho was in Loads& In Mousy. Feb.
rosary, Kara. mil May, ILA the being bows an
the 18th November ia that year. John Hatrame elan,
matted era live. Pope. the lady es whom he beim
lath. early puma 1836, awl gave • new sots ia theMII
an old as. whisk der motber, Mrs. Tessler, bal.
hold. The semester ol Mr. Godfrey, the late Saida Mid
Samosa's Had," Warts, would Was.° NOW=
for rent in the beaderrittss of Jobs Hargrave, MO
was dated in April, 1836. the receipt emir 111 Willi bag
perthemd by him persomelly at a shop in Alarm. Assfam
witness would be • Mr. Vaughan, who for am mem lap
a coffee-house in Cheapsids coaled Burton's
Mt who he
into difficulties, and in 1836 was in dm IffalA
Prime, where John Hargrave called on him in the FeArmany
of
year, having asoorrained from his son where he ersa
Mr. LiSTWISTO bad teen in the habit el ineeties his MA at
Burton's Coffee-house, which would be proved by Vaughan
and his sou. la the bolas in Baalsophon-strelt la whisk
Mrs. Hargrave lodged, a lire. Hallyer also lodged. and abs
would prove that is February, 1836 a man answering the
description of John Hargrave called at the home, and
inquired for Mrs. Hargrave, whom the sateen called doers
nabs, and when she saw him she exclaimed, " Joek,
what in the acme d fortune brought you here?" To wide►k
he replied, "My legs." They then want up stein together
Into Mrs. Masgme's only them, sad readood there doss
for an hour sada half. When he lett they shook lasada—
be saki " Good tom, usother"—and In reply to the quondam
when as woad be there again he said he should MOS In
about six weeks. Part of ad statmeat maid beasmoslem
rated by • Mrs. Payne, • gressroses fa dm tams slially, at
whose shop the man in quids. faded, awl Mooked wain
Mrs. Hargrave lived. lits dessrlptias by dame two paismas
exactly corresponded with that el Jean Hargrave. ben
plaintiff, so he had before said, was born ea the 18th Nov.,
by Pauline-treet, Bermondsey, and Mr. Tory, a auratho,
attended his mother in her confinement. The dream-
evinces connected with the birth showed the legitimacy of
the child. The mother used no emosaintent, but gave her
proper name, and stated the fact that her husband was
abroad. The child, moreover, was baptised at the church
when his mother had been married, and was described in I
the register as the son ofsad Mary Hargrave."
Wen. J coaling Hargrave, the defesdent, went to sea, and 1
John Hargrave, the father, alertly before he was found
drowned is the Thames, in March, 1840, tailed upon Mrs.
Popo, and entered into conversation with her is reference
to the defendant. He said he had seen • letter from
him in which he thrice cursed his father, and he appeased
much affected by that circumstance. Mrs. Pops sodesroaral
to muscle him, and said the curve would hill not upon It*4
but the writer. The deceased time this mission said "11
his mother would let me have John Robert, I would send
him t' school and have him educated, for if anythiag sheshil
happen to 801, he will be my both" At this oonvereatisa a
Mrs. Heald was present, and this lady was elansised on a
former trial, but she was now 83 years of age, and infirm,
and her evidence would be read from the judge's notes. He
understood it was to be set up for the defeat.* that the wife
had been malty of adultery, and that the plaintiff was the
child of a person called Moalemsio. This person, he was
told, would be shown to have visited Mrs. Hargrave fio-
questly. If this were so, the husband being also in • post-
awl to have connexion with her, the jury would learn from
his lordship that the law would presume the legitimacy of
the child, and the immorality of the wife would not at all
affect the ciao. Them being the facts he would proceed to
rove them, feelieg confident that be should establish the
Tact the, his client was the son of John Hargrave and Mary

his wife.
Witnesses wen then rolled to prove the statements con-
tained in the learned counsel's speech. Evidence was also
given of the various placee where is. Hargrave bad resided
after the generation down to a recent period, and that she
always bore a good moral character and had not been in
the habit, to the knowledge of the withal's', of receiving
sea y male visitor.
Mr. Serjeant Channel) then addressed the jury for the d,
fondant; and, after analysing end commenting upon the
plaintiff's evi tenets stated that there were two quntions for
the consideration Of the jury —fin*, whether they were satis-
fied that Jobe Hargrave was In Eoghted at all whoa the
connexion took place which melted in the birth of the
plaintiff on the 18th November, 1836 ; sod if they should
think he might have been in this country at the time, they
would then have to ask themselves whether there was suet-
' cient evidence of what the law called generating sense
to warrant them in the coeclusiott that the plaintiff was the
Ns
of John Hargrave. The misconduct of the wife led
le the separation in the first instate', and it was not until
after that separation that any immoral intercourse took
alce between John Hargrave and Mary Rogers. The hue-
head, en his return from Hosting. and Brighten, insisted
en 'engin letters from, and a portrait of, • gentleman being
given up, and felt that he was au injured mule The sepa-
✓ation occurred immediately after, bet the husband was
prevailed on to make his wife an allowance at first of a
guinea • week. After the birth of the child Emily that
allowance was reduced to such an amount as (if he could
not distinctly price adultery) the parish would enforce—
namely, Ba • week. Afterwards, when Mrs. Simmons,
John Hargrave's sister-in-law, found that his wife wee living
with a man called Morilemein, with whom she had for years
been cohabiting, she informed her husband of is and the
allowance was altogether stopped. The learned serjeant
proceeded to detail the evidence of Mrs. Sinatra, which
will s,s found below. He should also prove that at curse
plane where Mrs. Hargrave lodged, Mr. Mortlemain weat
hoses her three or four times a week; that she had butane room,
la which there was a bed ; that he bad remained with her all
sight on several occasions, and that he treated the plaintiff as
his own child. He should further show that John Hargrase,who
after the death of May Rogers lived with a Min To•ce. at
B.iitlegue, was at that place at • ball with her on the 10th
February, 1836; and for some days previous to and after
that date was in Boulogne, and for this purism he should
call John Hargrave lingers, the child by Mary Rogers, who
was living with his father and Mies Toone (whom be believed
to be his father's wooed wife) at the time. He should also
call a foreigeer, who had before been examined on imam
smooth% to prove th's taw ; and if he made out his ease to
the satisfaction of the jary he should be clearly entitled to
their verdict.
Martha Ann Hill stated that she was a first amen of Mn.
Hargrave, and knew her and her husband at the time of
their marAggis. In 1824, about six weeks before their mpg.
ration, Mrs. Hargrave gave witness some letWre from, and a
portrait of, • M. D'Abrae, a Frenchman, with whom she
wee intimate, requester's wham to take are of them for
her, lest her husband should see them. Mn. and Mrs. Har-
grave lived at the Ipswich Arms in Callum-stint after their
marriage, and witness once went into • room there and found
Mrs. Hargrave and a Mr. Joao, who was sitting on a sofa
near her, and there ware many papers strewed about. On
Mr. liargrave's return from HeirliniS be demanded of wit-
ness the letters and portrait, and two days after he and his
wife separated. She went out to walk with Mn. HSTVITO
a(short time before, and they met M. D'Abroe on South-
wark-bridge, upon which he joined Mrs. Hargrave, and wit-
ness left them.
Ann Mary Taylor spoke to visiting Mr. and Mrs. Horses
shout the same time, and hearing them quarrelling shoot
MOO foreign gentlemen. Mrs. Hargrave was in • great pec
sion,'and would not hear the aossiatiou.
Mary Potter lived near Mn. Hargrove when she resided
at Woodford. Recollected the birth of the child Emily. A
day or two after it was born it dimppessed, and was not
brought back for six weeks.
Elisabeth Shakes woo milled to show that the child was
sent to the vestry clerk of Allhallows in a small fish basket,
and that the mother was eubeequently traced by the parish
authorities andaskd the child taken hack. The basket also con
tamed • note, which it was sought to prove was ia the head-
writing of Mrs. Hargrave, tut as it had no relation to the
matter is tune, Mr. Serjeant Channel' subsequently deter-
mined to withdraw it.
A blacksmith, who lived at Woodford at the same time,
said he had *lna seen Mrs. Hargrave in company with • Mr.
George BOtOSOO, walking near the forest in the evening, as
late as nine o'clock.
Mary Ana Stormy stated that Mrs. Hargrave came to live
with her is August, 1836. A Mr. Mortlentain visited her at
that time three or four times a week. She had but one
room, in which thine was a bed. She was ia the family way
ia 1836. Witness told her of st, but she said it was the
dropsy, of which her child Emily had died. Oa erase-
examination, this witness admitted that she had net said
wything about the dropsy on the former trial'.
Henry Snugly, husband of the lea witness, spoke to
having seen Northman frequently at hie home to visit Mrs.
Hargrave. He bad baud them talking ST late MOOS or two
o'clock in the morning, gad on one °evokes he bad sew
Monteath' go away early in the morning as if he had bees
staying all eight.
Mary Wintekarat said Mrs. Hargrave came to live with
her in Bermondsey in 1838. She took • sitting-room and
bedroom on the same floor, and said her Inaluad we' in a
mercantile house in the City, sad would be there occasion-
ally. She me then In the family way, and was confined at
her house of • male child (the prestht plaintiff). A person
aged to visit her three or four times • week who she said was
her husband. He often slept with her. She had wen him
ones is Mrs. Hargraves bed in the morning. Witness found
afterwards through a Mr. Clarke, who knew him, that Me
name was Mortleman, that he was a eadatakar, and was a
married man. On arms-examiriation, the witness said she
had been turned out of her house by her husband, but ape
bermes@ of her Intimacy with • miler called Perry. She bad
sot been to plum of amassment with him. Her banned
was drank sad did not know what he use about when ha
turned he' oat.
Mary Ann Wise said—Mrs. Hargrave mbeequestly lived
at Mr bum in Moorfields. Moniammis mid le Malt her then
three or four times a week. He ones stayed ail night with
her. They seed to go out to walk together, gad sake tbe
shlld. Sometimes she serried it, and on ether 01111411.11 ha
did a>. He appeared fond of the and (the ploiatit).
Ellse. Roads said—Mrs. Hargrave afterwards lived
ppt of a house with her, in Mitre street, Aldgate. Mr.
klortlemain rented the apartments, and they lived
Plaintiff lived with them there. He used as can=
again " godfather" before the first trial ; he afterwards
galled hiss " father."
Oc cromezuninatica witness admitted that she had had
• misfortune." She had never mid who was the father of
htr ebild, and did not Intend to.
Mrs. Jane Simmons mid—lbe was the widow of John'.
Simmons, her husband had died sines the last trial ; she was
the cousin sad sigter-lalaw of John II rare; her first
hunted wag his brother; eke the e
Jobs R000H04494 his numb; bon
sad litiiktoa in 1834. Ile lived at Ow Ipswich As