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    1. [ENG-CAMS] The Times, 30 Aug 1824 - Unhappy Occurence (6) - Carlisle Assizes (2)
    2. The Times, Monday, Aug 30, 1824; pg. 2; Issue 12430; col F SUMMER ASSIZES. --------------- CARLISLE, THURSDAY, AUG. 26. CRIMINAL SIDE. - Before Mr. Justice BAYLEY. [continued] The learned counsel then called the following witnesses: - James WARDEN, examined by Mr. PATTESON. - I live at Wisbeach, in the isle of Ely. I know the prisoner at the bar. His name is CAVE. He lived at Wisbeach in 1820. He was then a cooper. He had no property, nor any estates in that or any other county that I ever heard of. Mr. Justice BAYLEY observed, that this was not evidence necessary to support the indictment; it might be of use in apportioning the punishment, supposing the prisoner was prosecuted to conviction. The witness then continued. - I knew Charlotte BINGHAM in 1820. I have examined the parish register at Wisbeach. [A paper was here handed to the witness.] I was present when that document was made. I subscribed it. I was also present at the prisoner's marriage with Charlotte BINGHAM on the 3d of July, 1820. They were together for seven or eight weeks. I was at their marriage-feast. I saw Charlotte BINGHAM last June; she was then living as servant with a respectable family in Union-street, in the Borough. Cross-examined by Mr. JONES. - That extract from the register was made by Mr. METCALF, an attorney, at Wisbeach. I saw it compared with the original. I knew Charlotte BINGHAM before she was married to the prisoner. She was then a servant. She was 26 years old. Her parents were not present at the marriage, but she was regularly called at church. I had known the prisoner for three years before that marriage. I had not known his wife anything near so long. I never heard any thing against her character. They left Wisbeach as man and wife. It was Mr. METCALFE who applied to me to give evidence on this trial. I have had no quarrel with the prisoner. He never charged me with stealing barley from Mr. PECKOVER, of Wisbeach. Mr. PECKOVER had no barley to steal. Such a charge, if made against me, is false. I never heard that such a charge had been made. The extract from the register was then put it. It stated that Samuel CAVE, widower, and Charlotte BINGHAM, spinster, were married at Wisbeach on the 3d of July, 1820. William TYDD, the parish clerk of St. Cuthbert's, Carlisle, produced the register of the prisoner's marriage with Mary CAPE on the 25th of March last. He deposed that the prisoner was the person mentioned in it. Mr. and Mrs. DONALD, and a person of the name of GLENDINNING, were present at the wedding. The register was then put in, and read. Hector GLENDINNING. - I was present at the marriage of the prisoner with Miss Mary CAPE. I gave the bride away to him. I am a blacksmith. Mr. JONES. - You do not come from Gretna-green, do you? - No; but I am a relation of the blacksmith there though. (A giggle among the ladies.) Mr. JONES. - Were you sent for on that account upon this occasion? - No; Miss CAPE was my niece. The witness then proceeded. - Miss CAPE occasionally acted as a waiter at the King's Arms Inn. She was not obliged to do so. I did not prevail upon the prisoner to marry her; quite the contrary. I never knew that he was prevailed on by any body. I knew that they had been at Gretna-green before they went to church. I was not present at the Gretna-green marriage. They kept company before they were married. They lived in the same house together; and unless they had had some talk together, how could they agree to getting married? (A laugh.) The prisoner, when called upon for his defence, declined saying any thing. Mr. JONES then asked his Lordship whether he thought that sufficient evidence had been offered of the second marriage? Mr. Justice BAYLEY replied in the affirmative. His Lordship then charged the jury, who without the slightest hesitation returned a verdict of guilty against the prisoner on the first indictment. He was then put upon his trial on the second indictment. The same evidence was given to prove the marriage with Charlotte BINGHAM, as had been given on the trial of the first indictment. William ORAM. - I live at Whitchurch, in Hampshire. I have known the prisoner since August, 1821. I knew Sarah KENT, before her marriage. She was married to the prisoner by licence. I lent him some money to pay for it. I have since been repaid it. I lent him a coat to get married in. It was the coat I now have on [a common farmers' loose coat - the exhibition of it in Court by the witness excited considerable laughter.] I got the licence for the prisoner on the Saturday, and he was married on the Monday following. I knew Sarah KENT afterwards as Mrs. CAVE. [A paper was handed to the witness.] I was present when this extract was made from the parish register at Whitchurch. I have not the slightest doubt that the prisoner is the man who was then and there married. Cross-examined. - It was the curate who made the extract. I saw the copy made from the book. Sarah KENT was a widow. I used to visit the prisoner after he was married to her. They appeared to me to live very cannily together. (A smile.) They stayed more than half a year in my neighbourhood after they were married. She had one child to him before he left Whitchurch. She was worth some money, and her friends were respectable people. The extract from the register of the prisoner's marriage at Whitchurch, in September, 1821, to Sarah KENT, was then put in. In this document he was described as a bachelor. Mr. SAUL, the attorney, was called to prove that the prisoner had been apprehended in the county of Cumberland. The prisoner offered no defence. The learned Judge summed up the evidence, and the jury again returned a verdict of - guilty. Mr. Justice BAILEY, after addressing the prisoner on the heinous nature of the offence which he had committed, sentenced him to be transported for seven years. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Here ends this sorry affair. I have no idea whether Mr SAUL, the solicitor, ever got his money back - I rather doubt it!

    02/10/2007 06:40:25