475. JAMES DAVEY proceedingsdefend was indicted for that he on the 21st of January, 1793, did marry and take to wife Rebecca Stapleton proceedingsvictim , and that he afterwards on the 16th of March, 1806 , feloniously did marry and take to wife Eleanor Owen proceedingsvictim , his former wife being then living .

The case was stated by Mr. Barry.

THOMAS BIRD < no role > . I am parish clerk of St. Mary-le-bone; I produce the register book of that parish;

" James Davey < no role > of this parish, batchelor, and Rebecca Stapleton of the same parish, spinster, were married at this church by banns, this 21st day of January, in the year 1793, by me Benjamin Lawrence < no role > , curate; this marriage was solemnized between us, James Davey < no role > and Rebecca Stapleton < no role > , in the presence of Thomas Stapleton < no role > and Mary Cristie < no role > ."

SARAH BARRETT < no role > . Q. Do you know the prisoner at the bar - A. Yes; I was at the marriage of his first wife; I had been with them some time. His first wife is my sister.

Q. Is his first wife, your sister, living - A. I do not know, I have not not seen her this five years.

THOMAS STAPLETON < no role > . Q. I believe you are father to Rebecca Stapleton < no role > - A. Yes; I was not present at the marriage; James Davey < no role > and Rebecca Stapleton < no role > after they were married lived in my house some time as man and wife; she lived with me before she was married; I have nothing to say of the first marriage, I believe there were faults of both sides.

JANE TEY < no role > . Q. Do you know the prisoner's first wife - A. Yes; I saw her last March, then she was alive: I saw her in Bermondsey street, Horsleydown; she was a first cousin of mine.

WINNIFRED TEY < no role > . I am the last witnesses' mother; I saw the prisoner's first wife within this fortnight in the Kent road, as I was crossing from the Bricklayers Arms, she was sitting on the roof of the coach.

JOHN TAYLOR < no role > . I produce the parish register of St. Martin's in the Fields .

" James Davey < no role > , widower, and Eleanor Owen < no role > , widow , both of this parish, were married in this church by licence, this 16th day of March 1806, by me Raymond Rogers < no role > , curate; this marriage was solemnized between us James Davey < no role > and Eleanor Owen < no role > , in the presence of two witnesses and myself."

Q. Do you remember the parties - A. No.

ELEANOR OWEN < no role > . Q. You know the prisoner at the bar - A. Yes; I was married to him on the 16th of March, 1806, in the parish church of St. Martin's in the Fields.

Prisoner's Defence. The first person that was examined told a falsity; she says she is Rebecca Stapleton < no role > 's sister, she is a bastard by another woman.

Sarah Barrett < no role > . Still she is a sister in law.

GUILTY , aged 36.

Confined Six Months Newgate , and fined One Shilling .

First Middlesex jury, before Mr. justice Le Blanc.