SINGULAR MARRIAGE CASE.

New Zealander, Volume 3, Issue 177, 9 February 1848, Page 3

SINGULAR MARRIAGE CASE.

One of the most extraordinary martiage cnies ever perhaps brought into a court of justice in this country was tried a few days back by Chief Baron Pigott, in the Crimnal Court of Downpatrick. In order to understand the nature of the proceeding, it may be necessary to allude to the law of marriage in this country. Parlies can be married by a clergyman of the established church, either by licence fiom the proper officer of the bishop, or by having their names " ea led in church " three successive Sundays. This is the law which regards all sects, and embraces all communions. There is another mode, which may be called the " civil rite." Each county ii divided into a number of districts' contaiuing a registrar of marriages and a licenser, those being invariably Dissenters, as the law was passed to meet their views. Wfaen the liceucer issues bis. licence, it is taken to the Presbyterian

clergyman by whom the ceremony is to lie performed, and, after a certain period has elapsed, he celebratps the office, In case parties desire to be married by the registrar in his office, ' le being always a layman, they ght him notice of their inien'ion. That notice he forwards to the board of guardians of the poor, by whose clerk it is rosd at three consecutive meetings of the board, immediately after which the iegiS'rar joins the applicants together. In every case, however, the parties must each take an oath that thcie is no just cause or impediment of their being united, s > that if there do exist &ny legal impediment they commit perjury. The singular case to which I refer is thi"? : — In the year 1815, a man named Beadnell was mnried, in Tullylish Church to a girl called Anne Bright, this wife died in Miy, 18-16, and in the November of that year he was married by the Banbndge district registrar, upon notice, to Sarah Anne Bright, the mother of his first wife ! Inasmuch, as the Ecclesiastical Court cou'd not go further than rendering the maniage void, it was deemed advisable by the Crown lawyers to try Beadnell and Sarah Anns Bright for perjury, in swearing before Mr. Scott, the ltegistiar, that there was "no cause or impediment to their marriage." Evidence was given as to the oath having been administered by Mr. Scott. Mr. Yeates proved th« first marriage in the church, and Mr. M'Clellan-1, of the board of guirdians, proved the pnblicition by reading. The argument of council 'or ihs defenders at the bar went to this, that, in the first place, evidence should be produced to show that the accused knew of the marriage being within the prohibited degrees of affinity when they tookjthe oath before Mr. Scotc ; and in the second, that those prohibited degrees should be proved to be a part of the law of the land. Sir Thomas Staples., for the Crown, urged that they were put and parcel of the canon laiv, which was of itself a section of the law generally, and therefore supposed to be known to every subject ; and «ontended chat perjury beinsj a crims of fact, knowledge or belief on the part of the criminal, was not necessary to uphold the guilt. It was then endeavoured to be proved that the male prisoner was an attendant at church, in which he would know the decrees of affinity Irom the Prayer boon, but the proof failed, as it appeared that he attended no place of worship. The Crown failed, also, to procure any statute in which the prohibitions were set out. His Lordship, in charging the jury, agreed with the prisoner's counsel, that, to constitute perjury, the person charged must know that he is taking a false oath as it would be a dangerous precedent to convict of such a crime on a m>tter of opinion. There was no doubt a false oath had been taken, but was, it wilfully and comipiy ? His Lordship thought not. The jury, after deliberating three hours, could not agree to a verdict, and were discharged, the prison-n being held to bail to appear again when called upon tv a'isAVer the arraignment. Bjadnell his one daughter to hts first wife, aid another by the present, and it is odd enough to look At tae relationship. The grand mocher of the first giil is mother to her sister, and hence the second child is aunt to her own eldjr sister, It is rather d repulsive case ; and it has caused great excitement in the city of Down. — North bnton Mail. | Keep Bees. — A French bishop being about to make his annuil visitation, sent word to a curate whose ecclesiastical benefice was extremely trifling, that he meant to dine with him, and at the same time requesting that he uoijld not put himself to any extraordinary expense. The curate promised to attend to the bishop's suggestion ; but he did not ktep his word, for he piovided a mo»t sumptuous entertainment. His lordship was much surprised, and could not help censuring the conduct of the curate, obgeiving tbat it was Highly ridi julous in a man whose circumstances were so narrow, to launch into such expense, nay, almost to dissipate hi» annual income in a single day. 'Do not be uneasy on that score, my lord,' replied ihe curate, • for I can nssure you that what you now tee is not the produce of my curacy, which I bestow exclusively upon the pojr.' ' Then you have a patrimony, sir ?' My lord, I have a convent of young damsels here, who do not let me want anything.' • How ! you have a convent i I did not know theie was one in this neighbourhood This is all very ttrange, very unaccountable, Mr. Curate.' ' You are jocu ar, my lord ' • But come, sir, 1 intreat that you would solve the enigma j I would fain see the convent.' 'So you shall, atter dinner; and I promise that your lord-hip will be satisfied with my conduct.' Accordingly, when dinner was over, the curate conducted the prelate to a large enclosure, en iiely occupied by beehives, and pointing to ihe latter observed, ' This my lord, is the convent which gave us a dinner ; it brings me about eighte n hundred livre» a-year, upon which I live very comfortably, and with which 1 contrive to entertain my guests genteelly. The sui prise and satisfaction of the bishop may be readily conceived. The sequel of the story informs us, that ever afterwards, whenever a curate madeapph cation to hi» lordsbip for an improved living, he would only eneigetically repl)— 1 keep bees ! keep bees !"— From the French. Which is the Brute ?—An instance of animal sagac ty and humanity, unequalled in our remembrance took place before our door lately. Am unfortunate dog in o der to make sport tor some fools, hid a pan tied to his tail, and sent off on his travels towards Gdlt. He reached the village utterly exhausted, and lay down before the steps of .Vir. Young's tavern, eyeing 1 most anxious y the horrid annoyance hung behind him, but unable to move a step farther to nd himself of the torment. Another dog, a Scutcli colly, came up at the same time, and seeing the distress of his croney, laid himself gently down beside him, and, gaining his confidence by a few caresses, proceeded to gnaw the string by wh eh the noisy appendage was attached to his friend's tail, About a quarter of an hour's exertion, severed the cord, he then started to his legs, witu the pan hanging from the string in his mouth, and after a few joyful capers round hii friend, departed on his travels in the highest glee at his success. — Edinburgh Chronicle. Canada— Montreal, July 15 — Ministeis have maintained a majority varying from two to seven. They have introduced a College Bill, by which it is proposed to distribute an endowment animating to i? 10 ,000 a-year among four colleges, one for each of those sects, — Episcopalians, Presbyterians, Wesleyaus, and llomau Catholics. It was also proposed to distribute .£2500 annually among grammar ichools. Sickness among the emigrants.contiaud unabated, and the means of grappling with it jwere, with the best will, inadequate. The troops now stationed in Ireland, amount to 28,000 rank and file ot all arms, besides 21,682 men belonging to the enrolled pensioners, and the militia and recruiting staff. At the late Radnorshire assizes, Mr. Justice Cresswell received a pair of white kid gloves from the high sheriff, as there was not a single priaone?-ibr trial, or any business to transact. Mehemet Ali, in imitation of the European fashion, has ordered the streets of Cairo to be named, and the houses to be numbered. Among the streets will be a Victoria street, and a London-itreet, and othe:-> will be cal ed France-street, Paris-street, Bonaparte- street, and Louis Phillipe-street.