The Sun.
London, England, 1835-10-23 00:00:00

HA TTON- GARDEN.

Yesterday, Robe;tDe.l372tc;,aTwash Nobleman, was
put at the bar for final examination, charged with inter-
marrying with a Miss Henrietta Barber, whose father re-
sides at Sherborne Cottage, New North-road, Islington,
his first wife, Jane Rosaline, daughter of Mr. Donovan, a
wine and. spirit merchant and proprietor of the commercial
and family hotel and posting house, the Castle, in Dart-
mouth, being still living.
About a fortnight ago the prisoner was brought to this
office, charged with threatening the lives of Mr. Barber and
his daughter. A few days previously the defendant had
married Miss Barber by license at St. Clement Danes
Church, but who had been taken from his protection by her
father, who had learned that he had another wife living.
The accused on being asked by Mr. Laing what he had to
say to the charge of using violent threats to Mr. Barber,
said it was through being debarred from intercourse with
his wife, and in answer to that excuse the complainant
brought forward a charge of bigamy against him. The pri-
soner repelled the latter complaint, and having produced
several documents and submitted them to the Bench, Mr.
Laing declared that they showed he was legally divorced
from his first wife by the Consistory Court of Sweden, and
therefore he should not entertain a prosecution of bigamy.
The Magistrate, after giving that decision, told the defendant
he must not annoy Mr. Barber ; and, if he wished to obtain
possession of his wife, the only course he could legally
pursue was by proceedings in the Ecclesiastical Court. He
promised to take the advice of Mr. Laing, and was dis-
charged, Mr. Barber protesting against the determination
of the Magistrate, and offering to show, with the assistance
of a relation, a Mr. James Barber, of Doctors' Commons, that
the divorce the defendant had obtained was not in conformity
with the law of England, inasmuch as he, having entered into
a marriage contract with an English Lady in England, could
not obtain a dissolution of it in a foreign Court. Mr. Laing
declared that in his opinion the divorce was legal, and, con-
sequently, that the accused had not committed an offence
by marrying Miss Barber. In the evening of the same day
the prisoner proceeded to Torrington Park, Hornsey, where
his wife had been placed for safety with her sister, and
committed an assault upon Mr. Barber, who gave him into
custody, and he was again brought before Mr. Laing, by
whom he was ordered to find bail. The defendant was not
able to procure the required sureties, and during his incar-
ceration the gentleman from Doctors' Commons, to whom
we have before alluded, attended with Mr. Donovan, and
. other gentlemen, before Mr. Laing privately, and the fol-
lowing causes bearing upon the question were shown to
him : First, in Russell and Ryan's Crown cases it was re-
ported that in 1812 a man of the name of Lolly married in
Liverpool, and afterwards went to Scotland and obtained a
divorce by reason of his wife's adultery. (Here let it be un-
derstood no such charge, or anything reflecting on the cha-
racter of the prisoner's first wife, was brought forward to call
forth a decree annullinc, her marriage.) He subsequently
married again, was triedc for bigamy, and convicted, and a
point being reserved for the opinion of the twelve Judges