The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-13 00:00:00

female before the mairiage but when I was told she was
engaged with him, I left the house. On one occasion I asked
if it was with Mr. Edmundson she was engaged, and they,

replied in the affirmative. It was a person of the name of
Mrs. Jones who made that reply. Mrs. Jones is about 45
years of age ; but she was not the old lady I met in St.
James's Gardens. Sometimes I sent the major part of the
brandy and water out to Mrs. Jones for her kindness to my

intended;
To the Court—Whilst we were living together as man and
wife, the money that supported us came out of my pocket.

I got none from her,
Thomas Holden examined—l am clerk of St. Ann's
Church. 1 remember Smith and the female prisoner coming
to that church to be married about a week before they were
actually married. Smith came about seven o'clock in the
morning, and told me to be at the church at eight o'clock,
but they never came. The next time he came to be married,
but she did not. The fourth time they both came, but
Smith said they would defer it to another day. On the
morning they were married I saw the male prisoner at my
house. He asked if Smith and Daniels were going to be
married. I said, " Yes." He shook his head and said he
was her brother-in-law • that he had been to Mr. Daniels to
stop it, but, as he could not do so, he begged of me to try to
stop it. He said her husband, his brother, had gone to sea
about three years before, and that she did not know whether
he was alive or not. I said the marriage could not be pre-
vented unless it was shown that her husband was alive. He
asked me if I would deliver a note to her. I said I would
with pleasure, and that if I had an opportunity I would speak
to her. He then got a slip of paper and wrote, "Elizabeth,
consider what you're about : the man, is mad." He then
went away, and I went to church, and soon after they came
to church arm in arm. I gave her the note, saying that some
friend or relative told me to give her that. She looked at it,
read it, looked at Smith, smiled, and folded it in her hand.
They were then married.
This witness was not cross.exanained,
Mr. MURPHY here rose and stated to the court that he
apprehended there was a fatal error in the indictment, inas-
much as it described the female prisoner as Elizabeth, the
wife of John Daniel Daniels, whereas it appeared his name
was John Daniel.
His LORDSHIP did not believe the fact referred to by the
learned counsel was in evidence.
Mr. MURPHY admitted that it was not, but believed it was
in his power to show by the evidence of the clergyman who
performed the ceremony, that it was as " Daniel" she had
been married. .

His LORDSHIP said there existed a propensity to place an
" s" at the end of various names, such as " Wood," &c.,
and that he did not consider the point a valid one.
Mr. MURPHY referred to the misnomer in the case of
Tucker on the Earl of Cardigan's trial, and urged again that
the error in the present instance was fatal.
His LORDSHIP intimated his desire of not stopping the
case for the reason alleged.
Mr. MURPHY hoped the court would give him the bene-
fit of the point.
His LORDSHIP again said it•was not as yet in evidence.

Mr. MURPHY IKtd llolden, the clerk of the church, re-
called, for the purpose of giving it in evidence. Holden,
however, merely stated that he had nothing to do with the
female, prisoner, and that it was the clergyman who had
taken down her name in the certificate.
The Rev. William Blundell examined by Mr. MURPHY.—
The name of the female prisoner was " Daniels." lam sure
of that. I have a copy of the entry which I compared. In
the license and register it was Daniels, but she signed her
name " Daniel."
Examined by Mr. WILKINS.—About half an hour before
the marriage, a person called on me and said he came from the
female prisoner's mother, who was ill, and requested I would
not marry them. Being convinced that there was nothing in
the request, I married them.
Thomas William Brown examined.—l k' ow toe prisoner
Daniel, who was clerk in the employmei t of Bateson and
Horsfall, merchants, Liverpool. I was cer in their em-
ployment also. I know the male prisoner's hand-writing.
Witness here identified Several of the notes received by
Smith as being in his hand-writing.
The Clerk of the Crown here read notes as follows .
(I)
" Dearest of Friends,—Sorry I have been not to comply
with your wishes, and communicate with you by post, but
not being able to do so, being unwell. Would be happy to
meet you at the door of Mrs. Holland's or Jenny's, if conve-
nient, at nine o'clock, as I can then tell you more than I can
per bearer.—l remain, yours, most respectfully,
" E. DANIELS.

" Mr. Smith, 38, Great Orford-street."
[Five other letters, something similar to the above, were
read appointing meetings with Mr. Smith.]
Cross-examined by Mr. MURPHY—I have known the
male prisoner ten years, and have always known him as

John Daniel, and not Daniels.
Sarah Jones examined—l lived in Bolton-street in a house
kept by Mrs. Holland. I lived there thirty years. The
prisoner lived there three months and a half. She occupied
the front room when she first came, but during the last
three weeks she lived in the parlour. The prisoners lived
together as man and wife. Their names were John Daniels
and !Elizabeth Daniels. I saw Mr. Smith three or four

times with the female prisoner. The morning she left she
gave me a note to give to Mr. Smith. That was about a
quarter to seven. Mr. Smith came to the door after I got
it, and I gave it to him. I never saw her until after she was
brought before Mr. Rushton. The male prisoner remained

-- .
two or three days after she left.
Cross-examined by Mr. MURPHY—The female prisoner

said she was going out of town the morning she left.
Cross-examined by Mr. WILKINS—The person who lived
in the parlour :before the female prisoner occupied it was a
Mrs. English. I don't know what Mrs. English was, but
two or three gentlemen visited hcr. I never saw any gentle-
men visiting the female prisoner. I fetched spirits for Mr.
Smith. I never fetched any spirits for any one else. Mrs.
Holland's husband is alive. They are both too old to do
anything. They have only 4s. a-week from their lodgers.
I got a drop of the spirits from Mr. Smith.
Frederick Smith examined—l am Joseph Smith's brother.
I live in Liverpool occasionally. I visited my brother seve-
ral times after his marriage. It was on the first of March I
suspected the female prisoner was married before, when I
went with a man named O'Brien to the male prisoner.
O'Brien went up to the latter, in Harvey's public-house, and
said " How do you do, Mr. Daniels ?" The male prisoner
answered " very well." Then my brother who accompanied
us, went up and addressed him as Mr. Edmundson. He said,
" How do you do, Mr. Edmundson ?" Then, as I knew
the real Mr. Edmundson, and that the male prisoner was
not the man, I went out for a policeman. About a year
and a half ago my brother had a paralytic stroke. My
brother was employed on the Shannon navigation and at
some extensive works which were carried on at Limerick.
the paralytic stroke did not affect his mind. I called the
male prisoner a " rascal" on the occasion in question, and
he made an effort to run off. We then took the male pri-
soner to the upper-room at my brother's lodgings, in Great
Orford-street, when a Mr. Elliot said to Mrs. Barker, the
landlady of the house, " This is Mr. Edmundson." Mrs.
Barker said, " This is the man that has always passed here
as Mr. Edmundson." We then took him into Mrs. Daniels'
bed-room, and she caught !hold of Mr. Elliot in a violent
manner, and ultimately we took both the prisoners to the
real Mr. Edmundson's, in Oldhall-street. The female pri-
soner told me twenty times that her first husband was
drowned in the packet-ship Oxford. I said it could not be
the packet-ship, whereupon she said it was a merchant-ship.
On coming down Brownlow-hill, O'Brien told me that the
male prisoner had confessed he was married to the female
prisoner on the 26th September, 1539. I then joined the
male prisoner, and he made the same confession to me. He
said, lam married to the same woman that your brother is
married to." He then came down to the real Mr. Edmund-
son. The family were in bed at the time. We rapped.
Edmundson put his head out the window, and said he would
not have anything to do with the female prisoner ' • but after
some time he came down, and we had a lengthened conversa-
tion on the subject of the two marriages.
Cross-examined by Mr. MURPHY.—I am an engineer.
My brother never found any gold mines. I have brought
forty-five swindlers to justice. lam under bail at present
for breaking an old woman's leg. (A laugh.) I paid my
addresses once to Mrs. Beale, but having found out that she
was a bad 'un discontinued the courtship. (Great laughter.)
Patrick O'Brien examined—l am a private teacher in Li-
verpool. I lodged with Mrs. Barton, in Great Orford-street,
for three years. I saw Smith and his wife there. I saw the
male prisoner at the door of the place about a month before
he was taken into custody. I went with the last witness to
the real Mr. Edmundson, in company with the two prisoners.
I met the male= prisoner that night in a public-house in
Brownlow-hill. I accosted him as Daniels, shook hands
with him, and said I hoped he was well. I told him to come
forward and speak to his brother-in-law, meaning Mr. Thos.
Smith. I asked him to come up to his wife. He came, and
we went into the bed-room there. A good deal passed on
that occasion. I asked Mrs. Barton what should be done
with them. She said they must be put out. We then came
down Brownlow-hill, and on the way I impeached the male
prisoner for having lived on his wife's prostitution, and he
admitted having hem married to the female prisoner. I said
he should have explained the matter to Mr. Smith, and he
said he was afraid to do it lest his wife should cut her throat.
lie also said, when I told him he should have prevented the
second marriage,' that he did not care, so that his wife was
comfortable.
Cross-examined by Mr. WILKINS.—I heard that two ladies
called at our house to see the female prisoner, but did not see
them.
Ellen Barker examined.—l am a widow, and keep a lodg-
ing-house in Great Orford-street. Mr. oseph Smith took
lodgings on the 7th of September, and came there to live
with his wife the day he was married. The male prisoner
came to the house on the evening of the marriage, and asked
for„Mrs. Smith. He entered very abruptly but gave no
name.. He called frequently after, and told me to announce
him as Mr. Edmundson. Sometimes he called himself Mrs.
Edmundson's brother-in-law. On different times I heard
Mr. Smith press the male prisoner to come to some terms of
reconciliation about Mrs. Smith's clothes and property. I
recollect the prisoner being, brought to the house on the even-
ing he was arrested, when I said he was Mr. Edmondson,
He asked me if he had not said his name was not Mr. Ed-
mundson. I said he never said so to me.
Cross-examined by Mr. WILKINS.—I can't mention any
time when he told me his name was Edmundson. A young
lady, who represented herself as Mrs. Smith's cousin, called
to see the female prisoner after the marriage. A Mr. Bate-
son, another cousin of her's, also called to see her.
Jane Eaton examined.—l live in Bittern-street. The two
prisoners called to take lodgings there about a fortnight be-
fore Christmas. The female prisoner spoke. She gave her
name as Mrs. Smith. She said she wanted the lodgings for
her brother, and that the male prisoner was her brother. I
let her the lodgings. She agreed with me for five shillings
a-week, and she said she would see me paid. Sometimes
she paid me and sometimes he paid me himself. I was to
provide the dinner for him on Sundays. He remained with
me until he was arrested. The female prisoner came every
day, and sometimes on Sundays ; sometimes she asked for
" John" when she came. When he was in she used to go
up stairs, and when he was not in she left notes for him. On
Saturdays she used to bring the market-woman with, her,
and brought marketing for him as well as herself.
Ann Rice examined.—l keep a stall in St. John's market.
I know the female prisoner. She was in the habit of coming
to the stall opposite mine, every Saturday, to make pur-
chases. The male prisoner was sometimes with her. I car-
ried home her purchases. First, we called at Mr. Eaton's,
in Bittern-street, and left part of the purchases there, and
then went on to Great Orford-street; and left the remainder
there. I heard her tell the woman from whom she made the
purchases in the markets, that she had a pensioner to keep.
The case for the prosecution having here closed,
Mr. MURPHY addressed the jury on the part of the female
prisoner. He did not deny that she had married a second
time, because the fact was plainly proved in evidence ; but
before he closed he hoped they would be of opinion that
there were circumstances of extenuation accompanying the
case which merely called for a mild and gentle admonition
to the unfortunate woman. There could be no doubt that
she had been placed in a situation by her husband which ex-
posed her to risks and difficulties which coerced her into
marriage : and even if it were proved that the husband had
been present when the second marriage took place, it would
be his duty to tell the jury that there had been something of
coercion used on his part. He would commence_ by tracing
the history of the woman. That history had been unhappily
exhibited her as a person who at an early age had been led
awa' from the paths of virtue into the opposite paths of vice.
This was not a theoretical point, but a fact which came out in
evidence, because it unfortunately appeared, from the state-
ment of her own brother-in-law, that previous to her marri-
age with Daniels she was a woman of indifferent character. It
was plain, therefore, that Daniels happening to be inveigled
with her person, had married, and that he had subsequently
discovered the character of his wife. Daniels, however, had
lived with her for some time ; and for three or four months