The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-03-05 00:00:00

MOST EXTRAORDINARY CASE

On Tuesday a case of bigamy, which we believe is without
a precedent in the annals of our law courts, underwent a long
preliminary investigation before Mr. Rushton. A young fe-
male was charged with having married a second husband, her
first spouse being still alive. This was the simple aspect of
the case, in the first instance. As the circumstances were
gradually developed, however, it bedame apparent that the
first husband had been cognisant of the second marriage. It

appeared pretty obvious that he had instigated or urged it to
a completion ; and it was clearly proved that, in the pseudo
character of brother-in-law to the accused, he had visited the
second husband repeatedly after the marriage. He appeared
to have had no notion that all these circumstances would be
brought to light, for he visited the court merely as a spec-
tator—took his seat opposite tha magistrate, and, to most
persons in the vicinity of the bench, was looked upon as a
casual visiter. As the facts of the case one by one came out,
attention was called to his name ; and when, at length, it was
asserted that he was in court, and he was pointed out at the
very elbow of the witness, he was covered with confusion.
This was, of course, greatly increased when Mr. Rushton
directed that he should be taken into custody, an order which
was immediately complied with. He was forthwith placed
by the side of the female prisoner, when, after having heard
some further testimony, Mr. Rushton ordered the deposi-
tions to be taken, so far as they went, against both the pri-
soners.

The parties are respectably connected in the middle ranks
of life. The name of the male prisoner (the first husband)
is John Daniel, that of the female Elizabeth Daniel : her
maiden name was Elizabeth Whitaker. Daniel, who is a
particularly small, young man, was well, and rather fashion-
ably dressed. Mrs. Daniels is a pretty, innocent-looking
young woman, though, from the evidence, it appeared that
her conduct has been nct a little extraordinary. The follow-
ing is an abstract of the evidence in a collected form :
William Edinundson, the brother-in-law of the female pri-
soner, stated, that in the month of September, 1839, he was
present at the marriage between the two prisoners, John Da-
niel and Elizabeth Daniel. The ceremony was performed at
St. David's Church, at the bottom of Brownlow-hill, by the
Rev. Mr. Davies. It was by license. He had known her
from childhood, and she was described as Elizabeth Whita-
ker, single woman. She was never married before. He
signed the register as a witness, and they lived together as
man and wife after the ceremony, and had visited together at
his house as such three or four times. About a week ago he
beard that she was married again, but did not believe it. On
the preceding night (Monday), Mr. Smith (the second hus-
band) and some of his friends called upon him with the fe-
male prisoner, and stated that she was married to him
(Smith). They asked if he had been present at the first
marriage, to which he replied in the affirmative.
Joseph Smith (the second husband and accuser) stated,
that he was-an engineer. He lodged at No. 49, Great Or-
ford-street. He first became acquainted with the female pri-
soner about July last, when in the garden behind St. James's-
walk. He met her in the street two or three times subse-
quently. She told him that her name was Mrs. Daniel, that
she was a widow, that her brother-in-law, Mr. Edmundson,
resided at No. 73, Mount-pleasant, and that she had quar-
relled with her sister, Edinundson's wife, in consequence of
which she had left his house, and gone to reside temporarily
in Bolton-street. He (Mr. Smith) visited' her two or three
times in Bolton-street, the house in which she lodged being,
as she said, kept by an .old servant of her. mother. After he
had been acquainted with her a couple of months, he pro-
posed marriage to her. She professed herself unwilling to
accede to his desire, as she said Mr. Edmundson had pro-
posed a match for her with a Mr. Leigh, a man of property,
who resided near Preston. She afterwards consented, and
he procured a license from the Rev. Mr. Stafford. She was
therein described as Elizabeth Daniel, according to her own
representation. She had told him that her husband was
captain of the Oxford, and that he was drowned on a voyage
from America. in December, he accompanied her to St.
Anne's Church to be married ; but in consequence of her
averring that it would occasion uneasiness to her friends, he
stopped the ceremony. On the Bth December, being about
a week afterwards, they went again to St. Anne's Church,
and were then married by the Rev. Mr. Blundell. Mr. El-
liott was present. He had several times seen the male pri-
soner at the house in Bolton-street, 14t he had not spoken
to him. The female prisoner said he was her brother-in-law
—the Mr. Edmundson, who resided in Mount-pleasant.
After they were married he took her home with him to his
lodgings in Great Orford-street, where she had called for him
in the morning to go to church. In the evening of that day,
(the day of the marriage,) the male prisoner called upon
them at his lodgings. He had not spoken to him before, but
had told the female prisoner where be lodged. When Daniel
entered the room where he and the female prisoner were, he
(Mr. Smith) addressed him as Mr. Edmundson. The pri-
soner replied, with great confusion of manner, " My name
is not Edmundson," and then asked abruptly, " Are you
married ?" and OR receiving an answer in the affirmative, he
left the house immediately. They (Mr. Smith and the
female prisoner) lived as Irian and wife together till the
preceding day (Monday.) His supposed wife told him,
that Edmundson detained her clothes, and as the male
prisoner called upon them afterwards, he asked him for
them, still supposing him to be Edmundson, as had been
represented to him. He addressed him in her presence as Mr.
Edmundson. Daniel, when so addressed, said the clothes
should be given up, if she restored a deed which she had taken
from his desk. She told him, (witness,) that she had secreted
the deed behind a picture-frame in Edusundson's, otherwise
Daniel's house, in Mount-pleasant. He wished several times
to call at the house, in Mount-pleasant, on the subject, but
" and he did not go. She said, as an
;h, the gentleman who
should have married her, was staying at the house, and his
He frequently proposed

she always opposed it,
excuse for her opposition, that 1`
married her,
Presence would make a disturbance

r. Leigl

to the male prisoner to go to his (as Edixion&on's) house, for
tiie clothes, and at one time an hour was fixed, but she begged
that he would not go, and she would go herself. She went
out for the purpose, but, on her return, she said 'she had
again quarrelled with her sister, and broken some property.
His (Mr. Smith's) brother had, on the preceding night, dis-
covered to him, that the female prisoner had another hus-
band, upon which, having discovered the real Mr. Edmund-
son, they took her there, and, after the interview with him,
conveyed her to Bridewell, and booked her on the charge of
',rarity. He also saw the male prisoner in the preceding
He addressed him, as had been his wont, by
name of Mr. Edmondson : the prisoner shook bands
with him, but said nothing. He had always been led to be-
lieve, that the male prisoner was Mr. Edmondson, the bro-
ther-in-law of the female prisoner, and he (Daniel) had told
him that he had provided wedding clothes for her marriage
with Leigh, at an expense of £3OO. On the morning of their
marriage, a note was given to her in Church by the clerk.
She read it, and tore it. He asked her what it was. She said
it was from her brother-in-law, Edmundson. He called at
the lodgings of the female prisoner on the morning of his
marriage, and the female prisoner told him that her brother-
in-law, Edmondson, was up stairs at the time.
Joseph Elliott, who was present at the second marriage,
proved the event, and that the prisoner and Mr. Smith had
lived together as man and wife in Great Orford-street.
Thomas Holden, clerk of St. Anne's Church, stated, that
he recollected Mr. Smith and the female prisoner going to
the church to be married. When at the altar, Smith stated
that he wished the ceremony to be deferred, and he and the
female prisoner left the church. About a week afterwards,
they came to the church again, and were married by license
from the surrogate. On the morning of the marriage, about
half an hour after Mr. Smith had desired him to be once
more in attendance, the male prisoner called upon him, at
his house, and asked if a marriage was to take place that
morning. " Yes," replied the witness. He asked if the
names of the parties were Smith and Daniel. " Yes," said
Mr. Holden. "This is a strange business," said the male
prisoner. " Why, do you know anything connected with it ?"
asked Mr. H. • "because they have been two or three times
about it." Daniel replied, She is committing herself."
" What do you know about her?" asked Mr. Holden.
"Oh," said he, " she has been married about four years,
and my brother has gone to sea, and we have heard nothing
of him for three years. and she does not know whether he
may not be living." He said he had been to Mr. Blundell,
to see if he'could not stop the marriage, and that Mr. Blun-
dell could do nothing with it. He wished Mr. Holden to
interfere. Mr. Holden said, he could do nothing in it, nor
could Mr. Blundell: they could not hinder Mrs. Daniel from
being married, unless he (Daniel) could prove that she had
a husband living. He again requested Mr. Holden to speak
to her. Mr. Holden said, it would be better if he would go
to the church, and speak to her himself. This he declined,
but he said he would write to her. Mr. Holden gave him a
slip of paper, on which he wrote, " Elizabeth ! think seriously
what you are about : the man is mad !" He then went away,
and witness took the note to the church, and gave it to her.
Sarah Jones said—l live in a house in Bolton-street, No.
4, kept by Mrs. Holland. About 6 or 8 months ago, the
female prisoner took lodgings in the house. She had the
front room. The male prisoner lived with her there, and
they lived as man and wife. I have seen Mr. Smith there
several times. The two prisoners passed there by the name
of Daniel. One morning, about 8 weeks ago, she called me
up, and asked me to give Mr. Smith a note. He was at the
door at the time. I gave him the note. The same evening
she told me she was going into the country, and she went
away, and I never saw her afterwards until to-day. I do not
recollect seeing him on the morning on which I gave Mr.
Smith the note.
Frederick Smith said—l am the brother of Joseph Smith.
I live in Yorkshire. I heard of my brother's marriage two
or three days after it took place. I have been in Liverpool
since about six weeks after the marriage. I latterly began
to have suspicions, and made inquiries; and yesterday I went
with my brother to Harvey's public-house in Brownlow-hill,
where we found the male prisoner. Mr. O'Brien was also
with us, and had spoken to Daniel before I did. I heard
Mr. O'Brien ask him if he was married, and he said he was
married to the same woman to whom my brother was mar-
ried ; that lie knew of her marriage to my brother, and that
he did not care so that she was comfortable. He afterwards
said that he was glad to get rid of her on any terms. I have
been several times at my brother's lodgings. I have heard
her say that Mr. Edmondson, of Mount-pleasant, was her
brother-in-law, and that she was to have been married to a
Mr. Leigh, a gentleman who resided near Preston ; and that
he had been at his brother-in-law's ever since her marriage
to my brother, very ill. I have heard. him tell the same
story which my brother has detailed. I never saw the male
prisoner until last_night.

evening

The case was adjou-rned till Wednesday, but no evidence
of much importance was taken, and it was again adjourned
to Thursday, to procure the testimony of the Rev. Mr.
Blundell as to the second marriage. Mr. Rushton intimated
to the male prisoner, that as on the previous day he had not
had a legal adviser, he might be provided with one if he
thought proper, and might have an opportunity at the next
hearing of cross-examining any of the witnesses. He (Mr.-
Rushton) should commit him as an accessory, and his wife
as principal.

COMMITMENT OF BOTH THE PRISONERS.
Yesterday, the prisoners were again placed together in the
bar. The female appeared to be in delicate health.
The Rev. William. Blundell being called said in reply to
questions from the court—l do not know a person named
Daniels, nor do I recollect the prisoner. A person (a man)
came to me a quarter of an hour before the marriage, and
said that the mother of the lady did not wish it to be so-
lemnized. This was not a leg,alobjection,ancl I said I should
marry them. I was three or four times in attendance on
this marriage and was always disappointed.
To questions from Mr. Davenport,. who appeared for the
prisoners :—The first time, the lady did not come. My son
then attended once or twice. The second time of my going
to the church, 1 waited from a quarter to half an hour, and
said I had been so often disappointed I would wait no longer
as it was useless. The third time I perfectly recollect the
man calling on me as stated. When I attended the lady did
not. Mr. Smith was always there when I went.—The in-
formation of the witness was then taken as follows :—I am
minister of St. Anne's Church, in this town. About a fort-
night before the Bth of December, the witness Joseph Smith
applied to me for a license to marry. I was not a surrogate,
and referred him to the Rev. Mr.'Stafford, who is. A few
days after that I attended the church according to Mr.
Smith's appointment, to solemnize the marriage; but th°
lady did not come. The name of the Swale in tile Jlo4lnle