Toronto Assizes

Daily British Whig Oct 27 1857

The Court opened this morning at nine o’clock, the Hon. W.H. Draper, C.B., Chief Justice of the Court of Common Pleas, presiding.

THE QUEEN VS. PHILIP CHAMBERS

The prisoner was put on his trial on a charge of bigamy. Counsel for the Crown, Mr. J. Duggan, assisted by Mr. Dempsey; for the prisoner, H. Eceles, C.B., and Mr. Fitzgerald.

Mr. Duggan opened the case on the part of the Crown and called –

Obadiah Chambers, sworn – I live at Frederickton [Fredericksburgh]; the prisoner is a brother of mine; he was married on the 16^th day of January in the Parish church of Alfriaton, in Derbyshire; I stood up with them at the marriage; the marriage ceremony was performed by the Rev. Mr. Pepper, the Rector; he was married to Mary Maltby.

To Mr. Eccles – Prisoner’s wife was in Canada and left in July, 1839; she was away for seven years; cannot say who asked her to return; she lived a short time with her son; she left and came to live with me; I have sued the prisoner for his wife’s board; my wife asked her to live with us after we found that she was not content with her son; I have brought two actions against my brother for the maintenance of his wife; Mr. Campbell, of Kingston is my Attorney; I employed him myself; was not advised by my brother Timothy to sue; the letter shown to me is not in my wife’s handwriting, or do I know whose writing it is; the three letters shown to me are in Timothy Chambers’ handwriting; don’t remember when Philip removed to Caledon.

Henry Philipe – Is acquainted with the prisoner; he called on me to go with him and got the license from Mr. Tracey in Esquesing; they were married at Benjamin Petch’s; it is seven, eight, or nine years since; cannot tell who performed the marriage ceremony, nor can I tell how it was performed.

His Lordship – Did they jump over a stick!

Witness – No, sir.

His Lordship – What did they do?

Witness: They stood up and took hands.

His Lordship: How was he dressed? Had he a coat on, a surplice or had he a prayer book?

Witness: Cannot tell.

His Lordship – Were you ever married:

Witness – Yes sir.

His Lordship – Can you tell how the ceremony was performed?

Witness – Much if I could.

His Lordship – Mr. Duggan, you will require other evidence.

Elizabeth Wilson – has known the prisoner since my childhood; had a conversation with him about his marriage; he told me that he was going to get married to a rich old widow; I told him that he could not as his first wife was alive and that we had letters in the house to prove it; he laughed and said that he did not know.

To Mr. Eccles – the letters were from Nottingham; prisoner is my husband’s uncle; cannot tell why Mr. Chambers went to England; the prisoner and my husband were on good terms so far as I knew; I have no ill feeling towards the prisoner; Timothy Chambers came after me and told me that I would have to go to Toronto; cannot tell how Mrs. Chambers was got out from England; she came back last fall.

Eliza Chambers – The prisoner is my brother-in-law; he treated her badly; she came and stopt with me for a time and then went to England; this was in 1838; did not hear from her until 1831 [sic]; in 1845 prisoner was at my place and I told him that his wife was living with his sister in England; he said that he would like to know who sent her there, and he would prosecute them; he talked of getting married; asked him how he could do that and his wife still alive.

To Mr. Eccles – I told his son, Thomas, that his mother was living; did not tell him that she was dead; did not tell any of his three sons that I knew nothing of their mother; Mrs. Chambers came out last fall; she tells me that her sons sent for her; she lived with her son Charles; I was against her leaving Charles and coming to live with me; I am the wife of the first witness; Timothy Chambers said that Philip (the prisoner) ought to support his wife; never heard him say that unless Philip gave him certain land he would prosecute him; I am not unfriendly to the prisoner.

Mr. Allen – I am a Justice of the Peace, the prisoner was brought before me on a charge of bigamy; after some hesitation he admitted that the first wife, who was present, was his wife, but was surprised to see her there.

For the defence, Mr. Eccles called

Timothy Chambers – I am a brother of the prisoner; I am under bonds to appear; Eliza Chambers, myself and his first wife were before Squire Allan; she was not prompted by me to prosecute; did not write for her to come from England – had a wife but she had another husband; she was a great deal of trouble to me; we took a trip to England in 1844; I don’t know that Philip was aware that I was going to England; we did not live within 200 miles of each other; he gave me no instructions to search for his wife in England; the three letters shown to me are in my handwriting; they were letters from the witness to the prisoner, in one of which he informed the prisoner that he had made every enquiry about his wife while in England but got no trace of her; there is serious trouble between the prisoner and myself; all my property is at stake; I claim property from him; I have had correspondence with the prisoner’s second wife. I wrote to Philip informing him that unless he would do what was right I would prosecute him for bigamy. I am not the instigater for the prosecution; never advised my brother to get married after my return from England; never told any of his sons that their mother was dead; there was a Chancery suit pending between my brother and myself; is not aware how it has terminated; never threatened him with this prosecution unless he gave me the land I claimed.

Samuel Warnock – I am acquainted with Timothy and Philip Chambers; had a conversation with Timothy; he said that Philip ought to get a wife of his own, for that his wife was dead, that he (Timothy) had searched all England for her and could not find her.

To Mr. Duggan – This conversation took place in 1848 or 1849, after he had returned from England; I live in Caledon with myself; Timothy Chambers, Jr., had a conversation with my uncle Timothy after his return from England; he told me that he had made every search for her and could not hear anything of her and believed that she was dead, nor was I aware of anything to the contrary until last fall; it was generally supposed in my father’s family that my mother was dead; last fall my uncle Timothy said that he would have revenge as sure as G-d lived, and that if my mother had not come out from England he would have gone for her himself.

After the evidence for the defence was concluded, Mr. Eccles addressed the Jury in behalf of the prisoner, followed by Mr. Duggan. Verdict not guilty.

Kingston Assizes

Kingston Daily News Nov 6 1857

JOHN NUGENT v. PHILIP CHAMBERS

This was an action to recover the value of certain goods supplied by plaintiff, who is a merchant in Bath, to defendant’s wife.

Eliza Chambers, wife of Obadiah Chambers. – Knows defendant since 1832; knows his wife (who was Mary Motsby previous to her marriage); have known them since 1832 in Gananoque; I came out from England that year; defendant is my husband’s brother; I was often in their house and they lived together as man and wife; they had 9 children; they continued to live together as such until 1839; they left Gananoque in 1837 and moved to Fredericksburgh, where they took a farm; defendant told me he had got a large sum of money, about £1000, and that it was for the money he married her; I visited the defendant in 1839 at Fredericksburgh and found great disturbance there on account of him keeping another woman in the house called “Big Mary,” who had a child to him; I advised defendant’s wife to leave him; she said, how could she? She had neither clothes nor money; about a week after I returned defendant’s wife came to me and afterwards left for England; I did not see her again until last fall at Fredericksburgh; she was shabby and poorly clothed; I was present when clothes were furnished by plaintiff to her; it was in winter when the weather was very severe; she was then very poorly clad and suffering from the cold. Plaintiff asked witness if all was right, who said defendant’s wife required the goods and her husband was able to pay for them.

To Mr. Philpotts – Defendant has a brother called Timothy; they live on bad terms, and have had law with each other; I heard Mrs. Philip Chambers had an annuity of £20 per annum.

Richard Ham – Am a magistrate and live in Fredericksburgh; I know defendant and have been in his house there; I saw a woman there who defendant admitted was his wife.

Wm. E. Potter – I am a physician, surgeon and accoucheur; I know defendant; the first time I saw him was 1827 at Gananoque; I saw his wife at the same time; I attended Mrs. Chambers professionally two or three times; they were known as man and wife; I have heard defendant call her his wife; I saw a woman there called “big Mary;” I think I attended her in her illness and that defendant paid me.

Timothy Chambers – The defendant is my brother; he lives at Caledon, within 40 miles of Toronto; he farms, keeps a mill and is considered very well off; he has a second wife, by whom he has one son; Big Mary is dead, she died in childbirth; I know his wife, Mary; have always known her as his wife since they came out to this country; any time I have been visiting my brother I don’t think she could have lived with him; I believe there is another woman in the house who kept house for him until he got his last wife; it would be impossible for Mary, his first wife, to live in the house with him at present; I heard defendant say he had two wives this summer. I saw defendant’s wife first when she came out latterly and she was very destitute; defendant’s last wife has left him once or twice from quarrels on account of the woman he keeps in that house.

To Mr. Philpotts – I went home to England in 1845; I have a sister who always wrote me of defendant’s first wife; I gave evidence at Toronto in the case against defendant for bigamy; I have still an old claim against defendant.

George Schryver – I live in the village of Napanee; I went there in 1845; I knew Philip Chambers and his wife; I was often in their house; they kept tavern; defendant and his wife did not get on well; he frequently beat her.

Mrs. O. Chambers recalled – I saw defendant kick and beat his wife most unmercifully.

Manson Parks – I live at Fredericksburgh and saw Mrs. Chambers last fall and again in January; her clothes were light, very shabby and not fit for winter.

Mr. Philpotts said the only question the jury had to try was, whether Philip Chambers was legally accountable for these goods got by his wife; that Mrs. Chambers left her husband for seventeen years and was not heard of, that it was strange the plaintiff should give goods to her on Philip Chambers’ credit; he was prepared to prove that it was upon the credit of another person the goods were got and that Mr. Nugent had admitted so himself. If he proved that to their satisfaction they would find a verdict for defendant.

John Nugent, the plaintiff, examined by Mr. Philpotts. – Recollect Mrs. Phillip Chambers coming to my shop with Mrs. Obadiah Chambers; I did not know her at that time; I knew Mrs. Obadiah and asked her if all was right; I did not furnish the goods upon Mrs. Obadiah’s credit; I had no understanding with her, but Mr. Obadiah said I would be paid; about the time of the action for bigamy, I went out to Timothy and spoke to him about the goods and he said I would get my pay.

To Mr. Reilly – The amount of goods got by Mrs. Chambers was £31; I only seek £25.

Charles Chambers – I am son of defendant; I met my mother at Gananoque when she came out and took her to my house; I was willing to keep her; she has £32 10s per annum; she went home to England in 1839.

Verdict for the plaintiff £25.

Kirkpatrick and O’Reilly for plaintiff; Philpotts for defendant.

CHAMBERS VS. CHAMBERS

This was an action for the maintenance of Mrs. Philip Chambers by Obadiah Chambers.

Verdict for plaintiff £17.