Star.
London, England, 1827-03-26 00:00:00

presentationsree which are unfounded, or assutatteeilitill
fact which turns out not to exist, as if, for Instance, a,
person represents that he is worth 10,0001 when he is
not worth ten pence; or that he will make a handsome
settlement, having no means of doing so—a marriage, I
say, brought about by such a persuasion, is a valid
marriage, and precludes the evidence of the wife from
being received. What I now propose, is to show that
the circumstances under which this marriage took place,
were such as to make, it a perfectly legal marriage, and
I have dot the least fear that the evMence will'cle-
monstrate that it was contracted with the free consent
of the Lady, and when she was perfectly-at liberty to
act as the pleased. The marriage therefore is a valid'
marriage, and I shall give evidence to :hew that by the
law of Scotland it is so considered.
Mr. Baron Hut.r.socit;— You may call your witness to
lite* os what the law of Scotland is.
Mr. Sergeant Caoes.—My friend allows that the evi-
dence would be admissible, if the marriage had been
brought about by intimidation. I opened a case of 181.
tinnidation, and the evidence has supported that case.
Mr. Baron Hou.oca—The question is, whether We,
should now examine this Lady on the %air dire, as to
the circumstances under which the marriage took place,

or ascertain those facts by other evidence? Certainly'
it is not necessary to question her on the voir dire to
shew her incompetency, it may—be shewn aliunde. -
Mr. Sergeant Caoss questioned whether 'any circum-
stances would reject the evidence in this case. Even if
this Lady were the lawful wife of Mr. Wakefield, still,
she was a competent witness to spew• that her marriage
had been accomplished by intimidation.
Mr. Baron Huctoce.—lt has been decided that a
marriage must stand or fall by the law of the country
in which it was celebrated.
Mr. Sergeant Caoas.-1 cannot tell to what extent my
Learned Friend intends to carry his argument. If wit-
nesset are to be called to thew that the Lady did not
resist, then I may call, evidence shew the contrary. I
stand upon kir right to examine Miss T. on the glair dire.
Mr. BROVQRAN said, that he did not see why they
were now to depart from that which was admitted by
the usual practice. If Mr. Scarietes proposition were
adopted, then it would follow that if ten witnesses were
examined on one side, ten more must be examined on
the other, and the whole time. of the Judge would be
consumed in trying a collateral issue; besides, by the
practice sought to be established, the Counsel for the
prosecution might be deprived of his right tareply, for
it would be easy for a person of less address than his
Learned Friend (Mr. Scirlett) to get in the facts of his
defence whilst professedly examinmg only as to the
circumstances 6f the marriage.
Mr. Baron Huttocs said that he thooght Miss 'fur.
ner ought to be examined. There was much in Mr.
Brougham's argument in which he concurred, and he
had in his crwn experience seen some inconveniences
arise from the mode now sought to be adopted. He
would exercise bis discretion in allowing Miss Turner
to be examined.

Miss Turner was then examined by Mr. Sergeant
Otos& She stated as followst—l am the daughter of
Mr. Turner, of Shrigley Park. In the latter end of
February or beginning of Mitch in last year, my father
accompanied me to school, at Miss Daulby's. On the
7th of March in that year. I recollect going away front
Miss Daulby's in a carriage. Miss Elizabeth Daulby
told me that I was to go. She told me that she had
received a letter from my papa, containing instructions
to her to send Ale home. I was told that I was to go
to Manchester to meet my papa, and thence to go to
Shrigley. I had been acquainted with a Miss Green-
way, who had been at Miss Daulby's school, and had
left but a short time before. I believe that she left
school on account of her father's difficulties. I pro-
ceeded to Manchester, accompanied by a servant.—
When I arrived at Manchester, the carriage drove to
an inn, and I went into the house. Whilst I was
sitting in a room there, a Gentleman came in, whose
name [ afterwards understood to be Edward Gibbon
Wakefield ; I bad 'never seen that person before. When
he entered, I rose for-the purpose of leaving the room,
but he requested me not to leave, because he said he was
commissioned by my papa to take me to him; and I
might be sure that no trifling circumstance would have
prevented him from coming himself. He said that it
was the state of my papa's affairs that had induced him
to send for me home; he also said, that he would after-
wards explain what-the state of those affairs were. I re-
marked, that I had understood that it was on account of
mamma's illness that I had been sent for home;
Mr. Wakefield said, that the circumstances stated -in
the letter to Miss Daulby were not true, and that
they had been stated in order to prevent Miss Daulby
from suspecting the real cause of my-being sent for.
I don't.distinctly recollect what he said about the place
where my papa was at the time. He told his servant
shortly after to tell the other Gentleman to come in. The
servant was, I believe, the same person who had attended
me from Liverpool to Manchester. The other Gentle.
man then came into the room. He was Mr. William
Wakefield. I had never seen him before. I then stepped
into a carriage. My reason for going into the carriage
was, that I imagined I was going to meet my papa. I
was taken as far as Halifax. Both the Mr. Wakefields
and the man-servant accompanied me. Edward Wake-
field said that if we did not find any letters, or see
my papa at Halite; we must go on to Kendal,
where we should be sure to find him. I went on to
Kendal. I had no other object in going there
but to find my peps I stopped awhile at Kendal,
and then proceeded to Carlisle. At Kendal, Mr. Wak-
efield read a letter at the window of the carriage, and
his brother looked over it, but I did not see it. After
reading it, Mr. W. Wakefield said that my papa was
not there, but had gone forward. At the next stage
Mr. W. Wakefield said, that he had received a letter
from my papa, commissioning him to communicate to
me the state of my papa's affairs. He said that a bank
bad failed at Macclesfield—Ryle and Daintry's bank—
that my papa bad been almost ruined, but that an
uncle of his (Mr. Wakefield's), who was a banker at
Kendal, had lent papa the sum of 60,0004 He said
that that sum had relieved papa for the time, but that
afterwards the Blackburn batik had failed, and that my
papa's affairs were at that moment in a worse condi-
tion than before. He said that his (E. Wakefield's)
uncle bad demanded security for the sum lent to
my father,- and that the security was to be the estate
of Shrigley, and then my papa might be turned out of
doors any day. He said it had been suggested by Mr.'
Grinasditch that he (Mr. E. Wakefield) should be my
husband, that then the property would be mine, and it
woulribe in my power to tura papa out of doors if I
liked, but of course I should not think of dotes that.—
This passed on the stage from Kendal to Carlisle. 1
rye no an,wer to the proposal then. Mr. Wake
held frequently said he was desirous of knowing what