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General => The Common Room => Topic started by: Pilgarlic on Thursday 22 May 08 01:36 BST (UK)
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Hello
I have in the last hour found out that my 3x G Grandmother committed the crime of Bigamy in 1849 Birmingham and was sentenced in 1850. I found this from the Warwickshire County Record Office, Calendars of Prisoners Database website -
http://www.warwickshire.gov.uk/Web/corporate/pages.nsf/Links/3C3BECFC9AF8FC7B80256E7E0056B9FE
Her name was Eliza Bolton. I have Eliza born circa 1826, Birmingham, in the House of Correction Kennilworth, Warwickshire in 1851 and also living with her daughter Mary Ann Vince (nee Bolton) b1845 Birmingham, on the 1881 and 1891 census living in London. I can't find her in 1861 and 1871. William Bolton (Gasfitter) is given as Mary Ann Bolton's father on her marriage certificate.
Here is my question -
Eliza was tried and sentenced and in the House of Correction named as Eliza Bolton. Would this suggest that she married William Bolton while already married to someone else or married someone while already being married to William Bolton ?
Pilgarlic
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Pilgarlic,
Have you searched for a marriage of William Bolton and Eliza (without entering a surname)? It sounds from the dates you have given as though she may have married William Bolton first (may not, of course!) You could also search for the marriage of an Eliza Bolton in 1849 and see what turned up!
MarieC
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Hi :)
Could this be a possible marriage?
William Bolton, 1841, Birmingham, Warwickshire
Same page is a Eliza Parkes
Vol 16 Pg 457 Oct Qtr
Also in 1861
RG9 Piece: 2123 Fol: 47 Pg: 36
Edgbaston, St James, Birmingham.
Head, Rebecca Whitehouse, 60yo, b Birmingham, Occ (looks like mortgages)
Sister, Jane Whitehouse, 58, b Birmingham, same occupation as above.
Eliza Bolton, 34, b Birmingham, Unmarried. Occ Servant
Concerning the marriage i would think she maybe was already married to William Bolton due to the daughter stating him as her father and having his surname. Being born 1845 and the crime committed afterwards. Possibly the law would not take the 2nd marriage as 'true' so she probably didn't keep the 2nd grooms surname? Hope that makes sence (not very eloquently written!)
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If the second marriage was bigamous then as far as the law was concened the marriage was regarded as being void from the beginning and so had never been solemnised legally, so she could not keep the second grooms name.
Stan
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Hello all
Thanks for your replies.
Yes, seeing as she is named Eliza Bolton and her daughter was born about 1845 it does make sense that William Bolton was her first marriage. As far as the law is concerned she would not be able to use the 2nd marriage name. Sometimes i get a mental block about these things :-\
A William Bolton married in Solihull in the 4th Q 1841 to either a Eliza Bushell and Eliza Giles according to Ancestry. I know this as i have matched up the other two marriages on the same page. This reg district borders the Birmingham district and a Eliza Bushell and Eliza Giles were living in Birmingham in the 1841 census. Also Stephen Bloomer who is on the page is living in Birmingham. I will order that marriage cert of William Bolton.
I will also order the Mary Ann Bolton birth certs in 1845 Birmigham and 1842 Warwick. I see from the IGI that a Mary Ann Bolton was baptised in 1845 Birmingham, to parents Thomas and Sarah so am not certain the certificate of 1845 will be my Mary.
I have come accross that Eliza Parkes before. The problem with her is that according to the IGI and census data she was born in 1811, Kings Norton.
Thanks for the 1861 census Bishop. That could be my Eliza (unmarried i see). Where is she in 1871 ? Where is Mary Ann Bolton in 1861 i cannot find her. In 1851 she is living with grandparents John and Susannah while father William (Lampmaker) is a lodger living elsewhere in Birmingham.
A William JOHN Bolton died in the 4th Q of 1853 in Birmingham. That could well be my William.
Sorry if ive gone on a bit. I like to cover all bases.
Pilgarlic
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Marie C
I have just done an 1849 marriage search for Eliza Bolton in Warwickshire as that is the year the crime was committed.
Eliza Bolton married Josiah Mercer - 16th Apr 1849 in Aston Juxta Birmingham, Warwick. :o
Would she of used her first marriage surname to get married a 2nd time while knowing she was breaking the law ?
Pilgarlic
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She did use her first marriage surname :)
The Liverpool Mercury Tuesday 9th April 1850.
Curious Case of Bigamy.
At the Warwick assizes before Lord Chief Justice Campbell, Eliza Bolton, who had been admitted to bail, surrendered to take her trial on a charge of bigamy at Birmingham. The second husband of the prisoner stated the extraordinary fact that he had asked the first husband's consent to marry his wife, and at the same time asked him if he had anything against her. His Lordship: You wished to have a character from her former husband? --- Yes, my Lord. His Lordship --- Is that the custom of Birmingham? -- I don't know; he said he wanted to see her married, and wanted to give her away, with a £5 note, and provide the marriage dinner. His Lordship: Did he offer to sell her, with a halter on her neck? -- No, my Lord; he came and saw her afterwards. The prisoner was found guilty. His Lordship said, the most holy of all contracts -- that of marriage -- ought not to be treated with such levity. He believed he ought to sentence the prisoner to transportation; but he hoped he might, with good conscience, inflict a milder punishment. but which should act as a warning to the prisoner and all others inclined to disregard the marriage vow. The prisoner must be imprisoned for two years.
Stan
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Wow ! Thanks Stan :D
This is quite unbeleivable :o
So William Bolton was quite happy to see his wife Eliza married off with a £5 carrott attatched. He also paid for the dinner :o This is a very strange affair indeed ! I reckon Josiah Mercer is the 2nd husband involved.
I wonder if i can get the full trial transcription somewhere ?
Well done Stan :)
Pilgarlic
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Hi Pilgarlic
I doubt if any of the court records would have survived, but a local paper could have had a more comprehensive report on such an unusual case.
Stan
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I will indeed try and find a local newspaper report of the trial.
Thanks Stan :)
Pilgarlic
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That's absolutely fascinating! And bizarre! :o :o :o Many plaudits to Stan for once again coming up with a nugget of gold! I've never in my life heard of a case like this! ::)
Pilgarlic, I'm quite envious - you now have a real character in your tree! Mine are mostly boringly law-abiding! I'd love someone like this!
MarieC
PS You could have been an Aussie if the judge HAD sentenced her to transportation! Western Australia had convicts till 1868.
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Yes Marie. It is fascinating! And bizarre! indeed :o
I wonder which one is more of the character. William or Eliza ? Did Eliza have any choice in the matter ?
It seems that William Bolton having been fully involved with this affair and offering £5 and the wedding dinner got away scott free ! I would of thought he would of been brought before the court as well.
I have found out that The Warwick Advertiser covered the Assizes trials. I will try and find a report on the trial.
Yes i could of indeed been an Aussie. Many thanks goes to Lord Chief Justice Campbell, for not transporting her. ;)
Pilgarlic
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Well, Pilgarlic, ever since Eve women have been blamed for things which were only partly their fault, or not their fault at all!! >:( >:(
You don't know how UNlucky you are! ;D You could have been an Aussie living in this wonderful country!! ;D
MarieC
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We will have to differ on which country is the best Marie ;)
I am a very proud Englishman :D
I do however have relatives in Gladstone and Bundaberg, Queensland. That is your neck of the woods i see. This part of my family are the result of my mum's uncle Albert Edey emigrating in 1936.
By the way - I would of thought Josiah Mercer would of been brought before the court as well seeing as he knew about Eliza being a married woman already !
Pilgarlic
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It is very strange that neither of the men involved appear to have been charged with any offence >:(
Stan
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Yes Stan it is.
I have just this second found Josiah Mercer on the Warwickshire County Record Office, Calendars of Prisoners Database website -
http://www.warwickshire.gov.uk/corporate%5Cprisoner.nsf/AllDocs/28448F6271A4E01580256E4A0042D285?opendocument
He was the victim :o
Pilgarlic
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Victim :o Very strange as apparently he was fully aware that Eliza was already married.
Stan
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Yes it is quite amazing seeing as he played his part in arranging the 2nd marriage :o
To be named as a victim is quite laughable !
I reckon my William and Eliza Bolton were blackmaild into breaking the law by the dastardly Josiah Mercer. I am quite sure that my 3x G Grandparents would not want to do such a thing ;)
Josiah Mercer is married and living in London in 1881. Not far from my Eliza Bolton. I wonder if they kept in contact ?
It certainly is a 'Curious case of Bigamy'
Pilgarlic
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What a fascinating story!
Did Josiah have lots of money, by any chance?
Or was this a cheapie "divorce"?
The possibilities are endless!
Regards,
Josephine
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Yes Josephine the possibilities are indeed endless. It is hard to fathom who was the instigator in this farce :-\
According to the Warwickshire County Records Office website, the trial records of the Assizes in the Midlands area before 1869 were destroyed by a clerk. >:(
Pilgarlic
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So this is an old thread... but Josiah Mercer living in London in 1881 is my 3xg granduncle, and I'm intrigued to know if he is the one embroiled in this case or not!!
In 1851 he was a tailor living with his brother in Barnacle in Warwickshire aged 23, which would make him 21 when the bigamy took place.
Do any of the accounts of the case include details of his age or profession?
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Hello alexnlp
Yes, Josiah Mercer (a Tailor) born America who is living with his brother William in Barnacle is the same Josiah who married my Eliza Bolton nee Bushell. He is indeed living in London in later censuses. Same as my Eliza.
I have the marriage record of Eliza & Josiah. They married at St Peter & Paul, Aston, Warwickshire, and Josiah states that he is a bachelor age 21 a Tailor from Duddeston. He names his father as Joseph Mercer a Tailor. This matches the 1841 census info.
I have found some newspaper reports of the case. They state that the 2nd husband was Josiah Mercer. None of them state Josiah's age or profession etc. I have not read any court record's of the case if they exist ?
I have not been able to trace the 1st husband (My 3x G Grandfather) William Bolton after the 1851 census.
Interestingly my Eliza is known as Eliza Bolton alias Mercer on a record i have found dated 1897 !
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Oh my goodness!
Yes, that's definitely my Josiah. He was born during a visit to his Uncle John Cooper Bindley in Pittsburgh. His cousin - also John Bindley - was a pillar of Pittsburgh community and on charitable committees with Heinz and Carnegie, so I'll bet the family kept that all very quiet!!
I suspect that Josiah was being 'rusticated' near his aunt Martha Randall in Barnacle.
It looks like Josiah died in Christchurch workhouse in 1910.
Thank you for adding a particularly colourful chapter to my family history :D
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I am glad i was able to confirm to you that your Josiah was the same man.
Thanks for the further info on Josiah and his family. Very interesting. I often wondered why Josiah was born in America.
Yes Josiah was in the workhouse in the 1901 census. My Eliza also died in the Workhouse in London 1906.
It makes you wonder if they knew eachother both lived in London or kept in touch after the bigamy case ?
Pilgarlic
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How interesting that this fascinating story has been resurrected. I've thoroughly enjoyed reading all the posts, and knowing that there is more info available about Josiah's past!