The Proceedings of the Old Bailey

 

1191.   SARAH BARNARD was indicted for bigamy .

MESSRS. ALLEY and LEE conducted the prosecution.

  JOHN JONES . I am parish-clerk of Lewisham, in Kent. I have a register of the marriage of   James Barnard , bachelor, and   Sarah Jaques , on the 23rd of April, 1805, by   Hugh Jones , curate, in the presence of   John Thompson and   Eliza Jones .

BURDEN BARNARD. I had a brother named James; he lived at Deptford in 1805 - he was married in April that year, but I was not present; I saw the prisoner before the 23rd of April, and heard from her and my brother then, that they were about to be married - and from her mother likewise; her mother's name was Savage - she had a second husband; I heard from the prisoner, and my brother likewise, that they were married at Lewisham, in Kent; after I understood they were married, I called on them in a little street down Butt-lane, Deptford - that was about the 12th of May following; I saw them in their own room, and in bed together - that was when my brother told me he was married; I said as he had made his bed so he must lie on it, and not to trouble me as he had done - I breakfasted with them; I remember their living together about six months, but I believe they were longer together - they passed as man and wife; I saw my brother in March, 1820 - this signature in the register is his writing.

Cross-examined by MR. CLARKSON. Q. What way of life are you in? A. A sawyer; I was called on in April last to give information, and I went to Mr. Waite's, the attorney, to give information - I have not received any money nor any thing else, nor the promise of any thing but what the county allow; I lived at the corner of Great Eastcheap and Crooked-lane in 1805, and my mother lived at Chiselhurst - it was about five o'clock on the 12th of May, 1805, that I saw my brother in bed with the prisoner; I will swear it was in May - I cannot exactly say the day; about six months after his marriage was the last time I saw my brother, till March, 1820 - I never stated he was dead in the interim; I never got any thing by representing him as dead - I heard upon casualty that he was dead, but never heard he was drowned; I have never seen him since 1820 - he may be dead; I did not know   John Thompson or Sarah Jones - I was not at the wedding, and do not know who was there.

MARY FIELD. I am married, and live at Chiselhurst. I had a son named   James Barnard ; he and the prisoner came to my house on Whit-Tuesday, 1805 - they told me they were married, and they slept there together; I did not see them again till the summer following, when they again came and slept together - I received a letter, and a person of the name of Board called on me in consequence of it; the prisoner called on the Monday after I received it, and told me to appear if I was wanted, as she was going to prosecute Mr. Currey; she asked where my son was - I said I had not seen him for nine years; she then clapped her hands together, and said she was an undone woman; she did not offer me any money, but she said she would be my friend as long as I lived - I am confident I saw my son in March, 1820, because my daughter was confined at the time, and I took him up stairs to see her.

Cross-examined. Q. Do you know Mr. Nesbit? A. No; I never told any one I had not seen my son since 1805, because I have seen him later, and have had letters from him; I never told Mr. Wood so - I never told Mr. Neshit my son was drowned at sea twenty-two years ago.

MR. LEE. Q. Have you any letters? A. No, but I received several after 1805.

  SARAH JONES . I am daughter of the last witness; I saw my brother James in March, 1820.

  CHARLES BARNARD . I saw my brother James in 1820.

  AUGUSTUS CESAR CURREY . I was a purser in the navy , and became acquainted with the prisoner in 1809; she passed as a widow - I married her at  Newington Church , on the  13th of March, 1810 : I lived with her till the latter end of that year, when I went to sea - I returned in 1811, and left the prisoner in 1814, because she had been living in a bad manner; I saw her once or twice afterwards in the street, and in the country where I live, but I never lived with her - she called on me in the country in 1828, and said she understood I had become possessed of some property, and she insisted upon having a maintenance, or I should take her home; she went away the next day - I first heard in 1812 that her husband was alive, in a conversation between her sister and her; her sister came in, and said she had met   James Barnard near the Royal Exchange - the prisoner said it could not be; there was no more notice taken of it; soon after she demanded a maintenance I received information, which has enabled me to prosecute.

Cross-examined. Q. Have you yourself married since? A. Yes, in 1819, at Islington; the person I married died in 1827; I do not recollect seeing the prisoner between 1819 and 1827 - I left her in 1814; I heard she had had a child - the child was with her; I did not appoint any meeting with her after 1819 - I called on her occasionally in Buckingham-street; I gave her money, but swear I did not receive any from her - she was keeping a bad house there I believe; I believe I stopped two days once, and slept with her, but this was not while my wife was alive, it was in 1828; I cannot tell where she lived in 1826 or 1827, or when she began to live in Buckingham-street - I believe it was in 1828.

Q. From 1814 to 1828 had you not been in correspondence with her, in connexion with her, and living with her? A. It might have been 1815 when I returned from sea - I am not certain; I did live with her for a fortnight in Apollo-court, Fleet-street - it is the same sort of house as the other; I have only lived with her there and a few nights in Buckingham-street - my mother has had some property left her, but I have not; I live on my half-pay - the prisoner took me to the Consistory Court in 1828, and recovered 40l. for a maintenance; I had paid part of it, and then I found out this - I was written to by a gentleman named Rowen, who is here.

MR. ALLEY. Q. Had you any connexion with the prisoner from which you could possibly infer the child was your's? A. No; I had left her three or four years before the child was born - when I first saw it, it was six or seven years old.

  WILLIAM WILLIAMS . I am parish-clerk of Newington. I have the register of the marriage of Augustus Cesar Currey and Sarah Chadwick, on the 13th of March, 1810.

GEORGE AVIS. I am an officer. I took the prisoner in Middlesex.

MR. CLARKSON to   BURDEN BARNARD . Q. Do you know   Sophia Frayer ? A. No; I never told her I did not like to go to Mr. Currey after I had said my brother died at sea.

  JOHN JONES . I knew the subscribing witnesses to the marriage at Lewisham - they are both dead.

Cross-examined. Q. Where did your mother die? A. At Lewisham; Mr. Thompson was the parish-clerk; I knew him perfectly well - he died about twenty years ago; I saw them both buried.

Prisoner's Defence. I am innocent.

GUILTY . Aged 40. - Confined Ten Days