The Sun.
London, England, 1854-12-11 00:00:00

sel whether consummation of the marriage was not
necessary to establish the complaint.
Mr. Moore—lt may be a perfectly legal marriage
without having been consummated.
Mr. Hodgson—We kayo had that point discussed
many a time, and always held that it was essential.
Mr. Moore--There are many Scotch authorities who
say that it is not necessary ; but I have not yet had an
opportunity of looking them out.
Mr. Rees—We had that very point discussed here
the other day, and we held that the consummation of
the marriage was necessary.
Mr. Hough (for defendant)—You can't try it here. I
contend there bas been no marriage.
Clerk of the Peace—The question is not whether this
is a valid marriage.
Mr. Hodgson—No, no. We have no power to set it
aside.
Mr. Hough —But you can refuse to make an order
till it is established, and it can't be established here, be-
cause you can't try it.
Arthur Leach examined—M'Castlin told me that an
acquaintance of his was about to get married at Gretna,
and asked me if I "-quid go. As I had never been in
Scotland, I thought I would go and see the union of
the two. I did go.
Mr. Hodgson—'`,Pere all the parties sober ?
Witness—Yes. They might have had a glass or two,
but they were sober. All we had to do was to see them
fairly married. We started in 111•Castlin'e gig. Mr.
Orre requested as a particular favour that we should
not give him any more drink, as he wished to know
perfectly well what he was about. We stopped at
Kingstown, and had each a glass there, but not again
till we got to Sark Bar. We did not go to Gretna, the
pony being heavily laden, but that was the destination.
The first thing done when we went into the room was,
M'Castlin went up to Mr. Murray and said he wished
two particular things said to these parties—The first was.
Have you come here intending to be made man and wife?
Both said—Wo have. The next thing was, do you love
each other ? The girl answered in the affirmative—l do.
Go did Mr. Orre. I always found the girl to be honest,
discreet, and upright. I saw Mr. Orre sign that certifi-
cate. His signature is not like that of a tipsy man ;
he was sober.
Mr. Cowen—Was there a wedding ring !
Witness—Yes ; Mr. Murray pulled one out of his
pocket. I was in the Jolly Butcher afterwards ; Mr.
Orre was there, and he said (speaking of the girl)—No
matter what my relations may ; she is Mrs. Orre, and I'll
have her. (Laughter.) The girl did not hear this.
John M'Castlin was next sworn. He corroborated
nearly all Leach had stated, and added—Mr. Orre told
me he loved the girl, and he believed she loved him in
return. On the day following the marriage he came into
the "Jolly Butcher" and said, "I demand Mrs. Orre ;
she is ray wife, and I will support her." I was the party
that introduced them to each other that (Wednesday)
morning. They were in a private room above an hour.
Mr. Orre was sensible enough ; he knew what he was
doing.
Mr. Hodgson—Now, Mr. Hough, what do you intend
to do!
Mr. Hough—l intend to show you that this man was
se drunk as to be quite incapable of entering into any
contract whatever.
Mr. Hodgson—But we can't set aside this marriage.
Mr. Hough—l don't ask you to do that. I will lay
before the bench such evidexce of the state in which he
was that I think the magistrates will be justified is re•
fusing to make an order. Let the complainants pro-
ceed in the Ecclesiastical Courts, where there is power
to try the etueetion. One of the witnesses has com-
mitted gross perjury, and I now apply to have him com-
mitted.
Mr. Moore—You are too hasty.
Mr. Hough—l am not. Th. girl swore most posi-
tively that she did not see the defendant again till Satur-
day, and M'Castlin says he showed them into a room
together on the Wednesday forenoon.
Mr. Rees—lt seems to have been very like a conspi-
racy to get this man off to Gretna.
Mr. Hough—lt is very like it.
Mr. Hodgson—Supposing the defendant was drunk,
that would not nullify the marriage.
Mr. Hough—l have no doubt it would. He was so
drunk as not to be capable of entering into a contract.
Mr. Hodgson—l never heard of a marriage being up-
set by drunkenness.
Mr. Hough—But I have had a similar case, and
succeeded at Brampton.
A long discussion followed, in which Mr. Hodgson,
Mr. Rees, Mr. Cowen, Dr. Barnes, and Mr. Hough took
part. The bench decided that Mr. Hough should call
his witnesses.
Mr. Hough then addressed the court at considerable
length on the part of the defendant, contending that the
magistrates ought not to allow the complainant's party
to cease there and do by a side-wind what they were
afraid to attempt in the Ecclesiastical Court.
The defendant's witnesses stated that he was ii such
a state of drunkenness immediately before and after the
marriage as to be quite incapable of knowing what he
was about. One described him as being mad, a second
crazy, and a third " regularly blue'd."
It was also stated that the witness M'Castlin had
taken a man dressed up in female clothing to the de-
fendant's house on the previous evening, with the inten-
tion of making a fool of him.
Mr. Moore then addressed the bench on behalf of the
complainant, and contended that the magistrates would
be justified in making an order, though he had recom-
mended her friends to proceed in another court.
The complainant was here recalled by Mr. Hodgson,
and, in answer to questions put by that gentlman, said
distinctly that she had applied to the parish authorities
and entered the workhouse solely for the purpose of
having the question of her marriage decided by the
magistrates. 01
The magistrates having consulted,
Mr. Hodgson said they had considered this case, and
come to the conclusion that it was one of those cases
brought before them for a different object than the one
stated in the charge. It appeared from the examination
of Miss Howe or Mrs. Orre that she had come there
merely to see whether this was a valid marriage or not.
That court was not constituted for that purpose, and de-
clined giving any opinion upon the marriage. And the
magistrates were further of opinion, that it was a case
in which relief ought not to have been granted, the
woman being perfectly capable of maintaining herself,
and having gone to the parish officers in order that she
might have the question of marriage settled. The Bench
had come to a determination to dismiss the case,
giving no opinion whatever upon the validity of the
- I marriage.
tee I _ _