The Sun.
London, England, 1856-10-24 00:00:00

DISPUTED MARRIAGE.

At the County Court Birmingham, on Monday,
before Leigh Trafford, Esq., the case of " Webb v.
Francis and Charlotte Pemberton" created considerable
interest. The following report of the proceedings is
from the Birmingham Journal :—ln this, perhaps the
most singular case ever brought before his Honour,
plaintiff is a bridle cutter, in Cannon-street, and
Mr. Pemberton is the well-known glass enameller,
in Newhall-hill, Miss Pemberton being his sister.
Mr. Kennedy, instructed by Mr. Collis, was retained
for Mr. Webb, and Mr. O'Brien, instructed by Messrs.
Tyndall, Son, and Johnson, appeared for Mr. and
Miss Pemberton. The inquiry lasted some hours, and
from its nature requires a brief introductory notice to
make it generally interesting and intelligible. The mem-
bers of the Pemberton family, all more or less connected
with this strange matter, were, in addition to the two
defendants,, Charles Pemberton, Catherine Pemberton
(both recently dead), and George Pemberton. George
Pemberton, said to be now 46 years of age, in March
last, and for some time previously, resided with his two
sisters, at llockley-hill. He had the means of support,
followed no occupation, but employed himself principally
in the large garden attached to his sisters' premises.
For about ten months previous to the date referred to
there lived a servant with the Misses Pemberton, a pale
but well-looking young woman named Sarah Allen. As
a matter of course, Mr. George Pemberton and this fe-
male had opportunities of being together, and the conse-
quence of this state of things was that in March the two
persons, George Pemberton and Sarah Allen, clandes-
tinely left the house of the Misses Pemberton, and were
married at All Saints Church by the Rev. Mr. Taylor.
Up to this very day not the least suspicion had been
entertained by the Misses Pemberton of any intimacy
between the two. However, after the ceremony, the
newly-married pair came home to Hockley-hill ; and in
answer to the inquiries caused by so unusual a circum-
stance as their having been away together, Mr. George
said, " We have been to be married ;" and the particu-
lars and the marriage licence were adduced in confirma-
tion. According to the statements made by the recently-
married Mrs. George Pemberton, the two ladies, acting
in concert, forthwith took from her the marriage certifi-
cate, pushed Mr. George into one of the parlours, locked
the door, and finally ejected the newly-married wife from
the house ; and from that day to the present one she had
never seen or heard from her husband, and was in total
ignorance where he was, or if he still lived. Her parents
are poor people at Worcester, and the only resource she
had was to take shelter with a poor man she knew
named Taylor. After staying with him a short time
he could no longer keep her without remuneration,
and she then went to the house of the present plaintiff,
Mr. Webb, where she had since resided, and was sup-
plied with board and lodging to about three weeks ago,
when, all means failing, as was said, to induce the living
members of her husband's family (oy this time, in July
and August la-t, Mr. Charles and Miss Catherine Pem-
berton were dead) to contribute towards her support,
"she now being near her confinement" (so Mr. Ken-
nedy said), she had sought for and obtained admission
into the workhouse. In this state of things it was said
that Mr. Harding, having been originally professionally
engaged on her behalf, refused an offer by the Pernher-
toes made to her of 10s. per week, and therefore it be-
came necessary that legal steps should be taken to secure
to this young woman at least the means of support. Mr.
Collis was accordingly consulted, and the result was that
to-day the defendants, Mr. Francis and Miss Charlotte
Pemberton, were charged with conspiracy to the effect
that they illegally and clandestinely kept their brother
away from his lawful wife; that they exercised such con-
straint over his person and property as to prevent his
wife having access to him, or of receiving from him the
1 means of support ; and that by such illegal conduct the
plaintiff, Mr. Webb (as finding the said wife the means
of subsistence), had sustained damage to the amount of
51., which he now sought to recover at his Honour's
hands. As may easily be inferred in such a case, and
with such respectable persons as are the Pemberton
family, for defendants, much was said and intimated as
to the proceedings which might be taken in a superior
c •urt (Chancery); but with these topics, as they entered
not into the merits brought before his Honour, we have
now nothing to do. We may note here that the de-
fence (not, however, at all gone into, as will be seen
sub,equently) was that Mr. George Pemberton was in
fact an idiot, incapable of managing his own affairs,
ignorant of the value of money, &c., and of course not
responsible for his actions, nor legally capable of contra t-
keg marriage. Mr. Kennedy called the two defendants,
Mr. Francis and Miss Charlotte Pemberton, into the
witness-box, and their testimony went to show such
a state of things. The firmer defendant said that Mr.
Char/es Pemberton had inherited personal property
both from his father and his mother, and that he (Mr.
Francis) and the late Mr. George Pemberton were trus-
tees of such property. Mr. F. Pemberton further stated
that after the day of the marriage the husband of the
girl Sarah had remained at Hockley-hill, at Newhall-
hill, and was now and for some months past had been at
a Mr. Brookes's, a farmer, who resides in the Stratford-
road, about six or seven miles from Birmingham (as was
ascertained with some difficulty), and who was not pre
viously known to the Pemberton family. The evidence
of Mr. and Miss Pemberton went to show that Mr.
George Pemberton, although considered of imbecile
mind, was permitted to go to and from the house at his
pleasure, although a witness, a woman who lived servant
next door to the Misses Pemberton, and who had assisted
at the marriage, said she had seen him twice in the
sireets, but he then bad a bby with him. This brides
maid, as we may call her, referring to the marriage, said
that Mr. George Pemberton on the occasion " bhaved
as a man ought to do." After some que,tioning, Mr.
Francis Pemberton admitted that about two years ago
his brother, Mr. George Pemberton, had made and
executed a will at the office of the Messrs. Tyndall,
solicitors to the family, and that about twenty years ago
Mr. George Pemberton assisted in the business in New-
hall-hill. In the course of her evidence, Mrs. George
Pemberton, the bride, said as to her intimacy with her
husband during the ten months ribs had lived with his
sisters, she and hire and the two ladies frequently sat
down to cards, and that Mr. George played the gadue
of whist as well as any one eilse. She bad never seen
any silliness ran the part of her husband. The defen-
dast, Mi,s Charlotte Pemberton, gave a flat contra-
diction to the card party affair, and in the course of
her answers as to what took place on the marriage
day, she swore that her brother George said "I never
will go with her," meaning his wife, and that his
stay in the house after Sarah was forced out was
entirely voluntary. "George," she added, " seemed
very much alarmed at what he had- done," and there
seems no question but that the girl was told she had