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

DISPUTED MARRIAGE.

At the County Court Birmingham, on Monday,
betore Leigh Trafford, Dig., the case of "Webb v.
Francis and Charlotte Pemberton" created considerable
interest. The following report of the proceedings is
from the _Birmingham Journal:--In 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 41 years of age, in March
last, and for some time previously, resided with his two
sisters, at Hockley-hill. He had the means of support,
followed no occup ttion, 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 licance 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 know
' 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 bad since resided, and was sup-
plied with board and lodging to about three weeks age,
when, all means failing, as was said, to induce the living
members of her husband's family (oy this time, in July
and August last, 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
engag, d on her behalf, refused an offer by the Pernber-
tons made to her of 103. pee 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
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 inftrred 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
court (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
subsequently) 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 Lots
reeponisible for his actions, nor legally capable of contra t-
ine 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 former defendant said that Mr.
Charles 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-
bill, 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 hint twice in the
s'reets, but he then had a boy with him. Tbis brides
maid, as we may call her, referring to the marria e said
that Mr. George Pemberton on the occasion "
behaved
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 she had lived with his
sistere, she and him and the two ladies frequently sat
down to cards, and that Mr. George played the game
of whist as well as any one else. She had never secs'
any silliness en the part of her husband. The defen-
dant, Miss Charlotte 'Pemberton, gave a fiat 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 shti' had

committed a felony in marrying an idiot, and might be
hanged or trawl) oted, and this was told her in her hus-
band's presence. Miss Pemberton also admitted that
she had kept the marriage certificate, "to satisfy the
family that it had rea ly taken place." As might be ex-
pected the wife of George Pemberton had written to her
husband as to her forlorn and destitute state, and thee
notes from time to time bad been left at the residence
of the Pemberton family, yet no answer was returned
until a curious event took place. John Murgatroyd, a
barber, who shaved Mr. George Pemberton twice a
week, whilst he was at his brother's, Newhall-hill, was
seduced to carry a letter to that person from his wife,
and did so ; but by some means (we cannot say how, for
the barber, although called as a witness, was not exa-
mined), this epistle got into the hands of Mr. F. Pein-
b,rton, who sent it back to the wife, with an intimation
that he knew nothing about her husband's residence, and
should not be troubled about his affairs. Thus far we
have given the outline facts of this romance, and at this
stage (not quite the close of the plaintiff's case), his
Honour, who had previously intimated the same opinion,
said it was clear to his mind that there had been no con •
spiracy, and therefore the action must in its present
shape fail. As to the defendant, Miss Charlotte Pena
herton, there was not the least evidence to affect her as
to such a charge, and Mr. Charles Pemberton being dead
it could not be said that Mr. F. Pemberton had really
and fully acted with his brother as co-conspirator in the
matter. Then came the strong fact that the plaintiff,
in the whole of the interviews he bad had with the Pem-
berton family, confined his intercourse to some inquiries
as to where Mr. George Pemberton could be found, and
neve r once said, "I have a demand against you for his
wife's maintenance at my house." Mr. O'Brien had
taken the same view of the plaintiff's case, and under
the circumstances NT r. Kennedy elected to be non suited
—and on Mr. O'Brien asking for the cost, his Honour
granted the same.

CHARGE AGAINST HARRISON, THE LEEDS

"WIZARD."

Henry Harrison, the Leeds " wizard," who obtained
so unenviable a notoriety in connexion with the murderer
William Dove, was on Thursday morning brought up
before the Leeds magistrates, charged with obtaining
money by false pretences from Elizabeth Croft. It ap-
peared that this female, who is a servant in a public.
house, had in the first instance simply desired to have
her fortune told, for which she paid Harrison 6d. Sub-
sequently she consulted him in respect to " charming"
back to her her sweetheart, who latterly had neglected
to pay his accustomed visits. Harrison, upon thip,
coolly proposed to her an improper familiarity with him-
self as the only means of regaining her lever's affections.
She indignantly refused compliance, and left the house,
Her anxiety about her sweetheart, bowev r, c mijoined
with her evidently strong belief in Harrison's magical
powers, induced her to call upon the latter about a week
afterwards. She told him that her lover had not re-
turned. He again answered that there was no way of
restoring him except by the means he had pointed out
on the previous occasion. She refused, and was leaving
the room, when he seized her and attempted a criminal
assault. She, however, broke away from him, and asked
what money he would take to restore her sweetheart l
He replied "Five shillings." She bad but half-a-crown
at the time, but borrowed another 2s. 6d. from a friend,
and paid him. He undertook to charm her sweetheart
back for this sum, but as the young man did not come
she at the end of a week again went to Harrison's. This
was on Friday last. He was alone in his private room,
and having heard her story impudently renewed his
former improper advances. He approached her at the
same time, and she attempted to get away. He con-
trived, however, to get between her and the door,
and seizing her round the waist, and notwithstand-
ing her cries and resistance suceeded in his vile ob-
ject. Before he allowed her to depart he threatened
her that if she raised any alarm, or told any person
what had taken place, "He would bewitch her."
Frightened by his threats, she did not complain of the
outrage upon her ; "but he, with a recklessness quite irre-
concilable with his general acuteness, boasted in a pub-
lic-house that he had been familiar with her. This
reached the ears of the girl's mistress, who took her to
task, and then she told all.
Hannah Gibson Wilson, a married woman (who lent
the girl the second half-crown to pay Harrison), Braith-
waite, a constable, and Superintendent James, of the
Leeds police, gave corroborative testimony.
The bench decided upon remanding the prisoner till
Monday next ; and refused to grant bail under any cir-
cumstances.

Sporting Intelligence.

TATTERSALL'S-THURSDAY.

The betting on the Cambridgeshire underwent no
important change. Coup de Main had a steady upward
tendency, and was backed at an improved price. At
first 700 to 100 was booked about him ; afterwards,
however, 8 to 1 was laid. He was the only animal
really in demand. 7to 2 was currently offered on the
field, and 7 to 1, " bar one." Bto 1 was the last bet
booked about Pole Star. 300 even was laid between
her and Coup de Main. Pretty Boy, who had been in
some request in the City during the morning, was sup-
ported at 25 to 1. The other quotations do not require
comment.

CLOSING PRICES.
CAMBRIDGESHIRE STAKES.
7to 2 agst Vengeance (offered, t2ke 4 to 1)
Bto 1 aget Pole Star (taken)
Bto 1 agst Coup de Main (taken)
100 to 8 aget Malacca (offered)
14 to 1 aget Poacher
15 to 1 agst Merlin (taken)
25 to 1 agst Pretty Boy (taken and offered)
25 to 1 agst Hospitality (offered)
30.0 1 agst Alma (taken)
40 to 1 apt Porto Rico (offered)
50 to 1 agst Emily (taken)
1000 to 10 agst Speed the Plough (taken)
20 to 1 agst Termagant and Breeze coupled (t)
CHESTER Cue.

2000 to 20 agst Alma (taken)
1000 to 10 agst Martinet (taken)
' 1000 to 10 agst Drumour (taken)
1000 to 10 agst Coroner (taken)
1000 to 10 agst King of Scotland (taken)
DERBY.
10 to 1 agst Blink Bonny (taken)
15 to 1 agst Sydney (offered)
16 to 1 agst Loyola (taken)
66 to 1 agst Blue Jacket (taken)

KELSO RACES.—WEDNESDAY.
The races were continued this (Wednesday) morning.
The weather was very favourable, and the day being
clear a large accession of company was the consequence.
The course and approaches were thronged by aii eager
crowd of spectators ; and the sport was equal if not
superior to the first day's racing. The following is the
list of races : . _ _

Sweepstakes of 5 sot's each, with 50 soya added by Lord
John Scott, for t*o and three-year olds. Two, 7st ;
three, Bst 121 b. Fillies allowed 31b. The second
horse to receive halt the Sweepstakes. Three quar-
ters of a mile.
Mr. J. G. Henderson's Logic o' Buchan . ........... 1
Mr. D:Awson's
,Red White and Blue
Mr. R. Wilson's Bonnie Boon