ELOPEMENT WITH AN HEIRESS FROM OXFORDSHIRE.

Thames Star, Volume VII, Issue 1988, 19 May 1875, Page 2

ELOPEMENT WITH AN HEIRESS FROM OXFORDSHIRE.

At the Oxford Assizes, (February) before Mr Justice Quain, William Timms, 56, farmer, of Idbury, surrendered to his bail, and was indicted for feloniously and fraudulently, and from motives of lucre, detaining Annie Sophia Power Timms (formerly Annie Sophia Turner, spinster), the being under the age of 21 years, to wit, of the age of 15 years, against the will of her father, William Power Turner, at Idbury, on the ldiLh November 1874.— Mr Jelf and Mr SeL'e were,for the.proiecution; Mr Staveley Hill, Q.C., and'Mr Laurence,for the prisoner.—The prisoner pleaded not guiity'to all the counts in the indictment—some .eight -or ten in-num-ber. Mr Jelf called the-attention of the jury to the nature of the legal charge, made against the prisoner, and stated that the' prisoner was a farmer, and.had for 7 about 20 years resided in. Cherrington, in? Warwickshire.'; During the,greater part of that-, time he -had- occupiedr,the position of "churchwarden and' collector ' of taxes. He lhad bden' brougKf'ihtd business relations withthe-Key. Power ! ui-ner, fe'etor of-the parish,'Wd^tiis aon/''* the Rev. Daniel Turner, curate of the

parish.,,. He.had some", business with them in purchasing, the reversion to sbme^property. He was furnished with a copy of' . the will of the grandfather, and in that way came to know something about the circumstances of the Turner family^,,The;" father of the girl,/ William Power Turner," is a gentleman of independent means . living at a place'close.to Worcester." He ' was married in -.1856, to. Miss Martha 13 Yardingfon Day, and £2,900 was settled^ upon the wife for life, the remainder to the husband for life, and the same to the - issue of the marriage. The issue was the^. young lady in this* case. She T^as bbrriin* the month of September, 1859, so that ltf the month of October last-year-she-was just turned 1.5 years old. The prisoner according to a baptismal certificate, wasp 59 years- old at least. It seemed the* business "relations with the rectorand'his^ son were, extended to-Mr Wm. Power ,-'- Turner, and on four occasions the prisoner* '^ w.ent to his hbus~e at Worcester on-btfsi-^^ ness. On one occasion; in' February, riß,74 Vi , when the father, and mother had? left jShef 1 room for a moment, the yourig: woman was found sitting on the'prisoner's.k'fiee,-, looking at an albunn .This .was/'objecfcecP )to, and nothing further took place. "' Tfee young woman, 1 who had the interest in this money, was.the only child, of the whole.Turner'family. There were four maiden aunts and a 1 grandfather possessed of-property. There was a great deal of, •property in the family, and she, was, the only persQn'to' whom* this -l property would ;have descended. -.;,- This jWjm known .to the prisoner,* and that WM an important matter to be taken into ac-~ count. In the month 'of July"; '1874, thisV" -young woman, who had. been'Jat school, was ..spending a small holiday.,at ,the hquse of her uncle at Cherrington, and there she must have ' seen-the prisoner. While staying for her- Michaelmas holi; e days at her father's house, she, on the 4th Otober,-. wished"her" parents, good \ night and went to bed. The next morning it was found that she had left the house. The next thing heard of her was that a letter, bearing the Oxford'postmark of the 7th October, in the handwriting of the girl, r reached her father. On the 26th October ho received'another letter. , Inquiries were made, and it turned.out. that on the 22nd "October a ceremony of marriage was 7gone through' at Dover. The girl was afterwards found. at his home at a farmhouse called Idbury Hall, in Oxfordshire, and. x they. remained there until the prisoner was apprehended. Previous to-tfrs taking place the prisonerwas in a low state of money circum- ' stances. -After the marriage, his affairs; were put in liquidation, and it was shown what his affairs were. ■ .. ... , Mr W. P. Turner, of Bath-road, Worcester, the father of the girl, was. > then called, and gave evidence as to her leaving his house and receiving the following letter (without address) on the Bthday of October: —"My dear papa,—l am writing just a few lines to toll you I am quite well, and trust you both are the same. I hope you both will forgive me for leaving home, as I was tired of school., I will write further particulars another day. With fondest love to dear mamma and yourself, believe me to remain your loving child, Annie." He subsequently received the following letter:—" Idbury Hall, Chipping Norton, Oct. 26.—1 am writing a few lines as I •promised, to tell you I am married. I "hope that you will both forgive me. When mamma and yourself will favour

us with a visit we shall be very pleased to see you. at Idbury—(laughter). ;The weather is now got very cold, and it is i very wet to-day. I" hope you are both quite well. With much love, believe mo to remain your affectionate daughter, - Annie Timms. P.S.—Mr Timms.wishes .. to be kindly remembered to you both."—

(loud'laughter). The Rev Daniel Turner, currate of Cherrington, was the next witness. On cross-examination [he said he had not '■ been going about getting proxies to make the prisoner bankrupt.*. -"Witness's, father was not on good terms'witH the prisoner. Counsel produced proxies of different creditors, and witness admitted that he

had filled up the forms, - : A long discussion took.place on the question of putting Mrs Timms in the witness-box, and after various authorities had been" cited Mr Jmstiee * Qnain decided that she could not be called.

Some further discussion took-place be--tvreen the learned counsel on somej)6int3 of law, and finally the judge interposed' and said there was no evidence to go to the jury either of a fraudulent taking away or fraudulent allurement or detention ; therefore' they" had no proof of fraud. If must mean fraud upon the

young woman herself, according to his construction of the act, and there was no

proof of that, and therefore he thought the case failed on;this indictment..' ; '"; „ The prisoner was then /charged, wifcti'a.i misdemeanor under the 24th and.2stlw Viet., chap. 100, sec^ 55, wlrich "state's"" " Whosoever shall unlawfully take, away, ' or cause to be taken away, any unmarried -girl being under the age of 16 out of the , possession and against the will _of her, n father or mother, or any other person -. having lawful care of her, shall be guilty., of misdemeanour." Mr Jelf contended that, taking the facts as already proved, a distinct offence.could be made out under this statute. '!- . . , Mr Staveley Hill said that there was no,;. • proof that an unmarried girl was takes _"..- out of the possession. and against the will <. of her father. Mr Justice Quain said he should let this case go to the jury, taking care that he had the full benefit of all the ques-

tions. The same witnesses having sworn to the truth of their former statements, the case proceeded. Mr Hill denied that there had been any taking by, tho prisoner ,of this girl out of the presence of the father. The prisoner had certainly married the girl, who was under 16 years of age, but, looking at the young lady, they must agree that she presented the appearance of ja.ypjmg r lady of ,2.0,, and ( the, prisoner might/e'as'ily^ave taken her ;for that age. i There was no proof whatever that he had " taken " the girl away. After alluding i to the pecuniary resources of the prisoner, te made an appeal on_ behalf of the prisoner and his young wife. Mr Justice .QuaiS, in sumTnirig upithe case, told the jury they need not be surprised at the strong feeling which had been manifested by the young woman's relatives. That she went away on the 4th of October was clear, but it was not proved that'ihe^prisbnfer was with her, noY oh thfe 7th£-wtt'eh*:tneLletterkwas written. -The first time they were seen was on the 22nd. From the beginning to the end it might be sgjl^-that the girTrwas-was more marryMT&& man than the manthe girl, but of -sbat they must iise their own common sens^Pt ilf she "voluntarilyjlef iTahr }hXhffs. heflise'and weni away and' -Joined ;a man who never Had exercised the slightest inducement or control over her, that would be very different from taking her from her father.

The jury-almost immediately returned a verdicft of toft tguifty^ |wal received "with" loud applause, which was instantly suppressed. On leaving the Court with the .girl,, Mr Timms was greeted with a hearty, cheer, and afterwards in the street, on his way to the station he s was;sagainrcheeped.;, The cape excited-k* gWafrdlal of interest, trie Court being crowded, especially with ladies, during the whole of Jhejiearing.