Star.
London, England, 1825-03-15 00:00:00

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which the lessor claimed was made in Scotland. It tne
fact of that marriage could he proved, as be had no
doubt it would be, it was a good marriage in England,
and the issue of it was lawful issue, by the laws of this
country ; for although the ceremony of marriage was
difftrent in different countries, yet, if it were performed
according to the established usages of the particular
country where it took place, it was a lawful marriage
in all other countries whatsoever. The Learned Coun-
sel then detailed the facts of the case, as they were
supported by the following evidence t
Mrs. S.trah Simister, a widow, living at Birmingham,
deposed to Mr. and Mrs. Finney having lodged in her
house in December, 1820, when, on being asked if they
were mart ied ? Mr. Finney said no, but that he was
under promise of marriage to her, which family cir-
cumstances prevented him from performing just then,
but that he iltended to marry her.
Mr. Benjamin Lupton gave evidence as to Mr. Fin-
ney's declaration that he would marry Miss Williams,
and that he went with her to Scotland for the purpose.
On the return of Mr. Finney,. said Mr. Lupton, I ob-
served .4o him, Now you have been to Scotland, I
suppose you will soon have an 'heir for Pulsham" (the
family estate). He said " I believe not. If Puh•ham
had Eeen in Scotland, no doubt the child would be the
haft ; but that he thought that as Pulsham was English
property, the child could not take it." I said, that I
thought that a marriage in Scotland would be good in
England. He said he thought not with regard to pro.
petty. He instanced the Gretna-green. Marriages, and
said, that if they were people of any consequence, they
always got married again in England. After this, he
generally called the Lady his wife, or his good Lady.
Matt' Anne Loyd Finney, examined by Mr. Arrott-
NEY•GENERAL—My maiden name was Williams. I
lived at Chester in 1819, when I fitst became acq.iainted
with Mr. Finney. I resided with my father at the time. .
I was slightly introduCed to him, at first. He afterwards
visited at our house, and I became intimate with him.

He proposed in August, 1821, to marry me. I gave
my consent, but he said he had an objection
.to be mar-
ried in Chester. He gave no particular reason for the
objection, but he asked me to leave Chester to he mar.
rigid. I first objected to go with him, as I did not wish
to travel in company with a-Gentleman who was with
him, who was .of a very dissipated character. He left
Chester at that time. Oir his return he renev ed his
acquaintance with me.
here Mr. Ihmeamear interposed, and requested that his Lord•
ship would give his opinion on the competency of this witness to
give evidence in the cause, as she was deeply interested in its suc-
cess? First, she would be entitled by a verdict in favour of the
lessor of the plaintiff to be guardian of the infant, at least for the
sake of nurture; and next, if the child died before arriving at the
age of twenty-one. she would be entitled to half the amount of the
accumulations of the estate in the meantime.
Mr. Justice Ilotaovn was of opinion that there w.s no legal
objection to her competent+ to be a witness, as she bad 'nu direct in-
terest, nor any interest which did not depend on a ettittiogency.
Examination continued.--4 went with Mr. Fmney to Birming-
ham in December, 1829, under a promise of marriage..: L was then
pregnant. I Went to the house of Mrs. Simister.
I Witness was here overcome by her feelings and shed tears. She
was permitted to leave the witness-box, and take a seat on one of
the benches near It.] •
1 staid some months at Bii mingham. I left Bird,
ham, in August, 1821. I had a child at Birmingham,
a daughter. Some time after the servant came for Mr.
Finney, saying that his mother was very ilk He or-
dered a pustchaise, and left the following. morning.
The chaise stood at the door nearly two hours. He
was very unhappy at having promised so often to marry
me and disappointing me. He promised me faithfully
that be would return in ten days or a fortnight, and
marry me. He wrote to me in the meantime, and desired
that I should go to Liverpool, where he would meet me,
and take me to the Isle of Man to marry me there. I
went to Liverpool, accompanied by a servant, Mary
Wilmot; and 'the morning after I arrived there, be
joined me. We remained some days at Lives pool, in
consequence of the'child being taken ill. - I was in pri-
vate lodgings, and went under the name of Mrs. Wil-
liams. The child died there : and throe or.foor days
after we set out in the packet for the Isle of Man. On
our passage to the Isle of Mars the packet was obliged
to put in at Greenock, owing to bad weather. We went
ashore there on the Saturday, and went to theWhiteHart
Inn, belonging to Mr. Walker. We remaineckthere till
the Tuesday following. When he found the packet going
to Greenock, he said," We can now be married without
that form of ceremony which is requisite in England."
On the Sunday after our arrival at Greenock, a cert..
mony passed between us. He had previously explained
to me the law of Scotland. and said that if he merely
called me his wife, and I acknowledged him as my hut,•
band, before witnesses, it was a lawful marriage in
Scotland. Before we came to Greenock, he asked me
what I thought of Gretna.green marriages? I asked him •
how far it was to Gretna-green ? he said, " Not far;
but we can be married without that." lie then desired
Mary Wilmot, Our servant, to bring a Prayer Book out
of my carpet bag, which was in the bed-room. She
went and fetched the book. He asked me if I wished
to be married ? I said that I had no objection., He then
began to rind the marriage ceremony. Ido not recol-
lect how he began. but if I had the Prayer Book I
could tell—(The Prayer Book to which she referred
was then handed to the witness). He began with the
words—" I take thee to be my weded wife;" and ended
with the words—" Those whom GOD hack joined Loge.
ther, let no man put asunder." I repeated the words
after him : I said—" I, Mary Williams, take thee to
be my wedded husband ;" and he repeated these
words for himself, changing of course the names,
and putting "wife for husband. He had a sing, which
he had previously bought at Chester. He pulled it
off his finger, and put it on mine. I have worn it ever
since. He then said." Mary, we are now married by the
law of Scotland." We dined at theWhiteHart that day.
At dinner he often called me Mrs.Finney. On the Mon-
day we went to Glasgow, but returned to Greenock that
day to dinner. On the Tuesday we left Greenock, and
sailed to the Isle of Man in the packet. We staid there
five or six weeks. He repeatedly called me his wife there.
From the Isle of Man we returned to Liverpool. He
then intended to go to the south of France. I was to
accompany him. We went first to Liverpool, and
from thence proceeded to Birmingham, as I wished to
pass a day or two there to make some arrangematu
He went to his mother to settle his affairs. While he

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