was null and void. That a marriage so contracted, the fruit of false pretences, should be considered a valid contract of marriage, excited a general feeling of indignation at the time, and the attention of the legislature was loudly invoked to repair the mischief, and assimilate the laws of the two countries. But so inveterate is the force of national prejudice, so determined the opposition of our neighbours beyond the Tweed to all tampering with their institutions, that, though twenty-two years have since expired, the law remains unaltered. Except for the change effected by railway travelling and electric telegraph messages, the law of Gretna Green marriages continues in effect the same. Lord Brougham, whose able, but abortive, efforts as an advocate to prove the marriage invalid, are conspicuous in the present trial, has since made the most strenuous exertions to rectify this defect in the law. But law reform, when it comprehends national institutions, generally proceeds at a lame, halting pace; and the Scottish law, though attacked almost yearly, remains unchanged, universally condemned in England, in Scotland universally extolled; always threatened, still existing.

The evil was thus vividly portrayed by the great law reformer and great law orator, but in vain: "I take you for my wife, says the one; and I take you for my husband, says the other; and that, according to the Scottish law, is a good and valid marriage, by which a youth of the highest title and largest property may be allied to the most abandoned character. A party in Scotland cannot bargain for the purchase or sale of one twentieth part of an acre of land, nor charge it with one single shilling, by the most sacred instrument under his hand and seal, till he is one and twenty years of age. But when he is fourteen, the same individual, though he may be the first duke in the land, may in one moment of time, without one instant being given for delay, for cooling the passions, for obtaining the advice of parents, friends, or guardians, without the spatium requiemque — dolori,' I was going to say, but that will not apply to my subject,-contract an imprudent and bad alliance by marriage, by saying merely these words, Will you accept of me as your husband?' and the other party saying 'Yes.' That is as good

and valid a marriage as ever was made by king, priest, pope, or bishop." *

In 1834 and 1835, the learned lord laboured in vain to reform the Scottish law, and weed it of these abuses; but the national partialities of a proud people, and their loudly expressed repugnance, prevailed. A renewed attempt last year met with a similar fate. It speaks well for the continence and forethought of the nation that such a law should be to them innocuous.

The spacious shire-hall at Lancaster was crowded to excess, at the early hour of seven in the morning, with an eager and anxious audience. Mr. Starkie opened the indictment, and Serjeant Cross stated at length the curious facts.

The action of this spirited legal drama was then opened by a short dialogue between Mr. Williams and the father of the supposed bride.

Mr. Turner stated "that his daughter, Ellen, was an only child, and fifteen on the 12th of February, 1826, scarcely a month before her abduction. That he was in possession of landed property in the county of Chester, and of considerable personalty. That he had been in 1827 high sheriff of the county. That his daughter had been taken to school at Miss Daulby's, in Liverpool. She had been at home from December to February, and he had not observed any alteration in her manner as to gaiety or seriousness, or in any other respect during that time. Before the month of March, 1826, he did not know the person of Mr. Edward Wakefield, or that there was such a person at all. He was equally ignorant of the existence of the other defendant; nor was his daughter in any degree of acquaintance with either."

Mr. Scarlett was too adroit and wary to teaze the unfortunate father, and run the risk of irritating a juryman, by asking any thing more than an insignificant question or two respecting his shrievalty.

Miss Elizabeth Daulby, the unlucky schoolmistress, stated "that she and her sisters kept a boarding-school in Liverpool,

* Lord Brougham's Speeches, vol. iii.

and Miss Ellen Turner had been under her care between five and six years; that when Mr. Turner took away his daughter at the Christmas immediately preceding, he left part of the account unsettled, being short of money. After Miss Turner had come back from the Christmas holidays, one morning in March, a servant arrived at her house in a private carriage, and delivered to her a letter, most skilfully penned, to lull suspicion. The person who brought the letter said he came from Shrigley; he was sent for Miss Turner; that Mrs. Turner was very ill. I asked him when she was taken ill. He said, the night before, whilst at supper, the knife and fork dropped from her hand. I asked him if Miss Turner would know him. He said, she would not; he had been lately engaged by Mr. Turner to go to the new house." Miss Daulby was aware that Mr. Turner was about to remove to a new house, and the mention of this little fact removed all suspicion :

"For oft when Wisdom wakes,

Suspicion sleeps at Wisdom's gate,

And to Simplicity resigns her charge,

Thinking no wrong where no wrong seems."

The witness continued: "I went and told Miss Turner that Mrs. Turner had sent for her, and wished her to go home; she was not so well as usual; Mr. Turner was absent; and she wished her to go home sooner than was intended. I then asked the man if she was to travel alone. He said, she was not; they were to take up Dr. Hull at Manchester. On Miss Turner getting into the carriage, she said it was not her papa's carriage. The man said it was the doctor's. She then left the house inside the carriage, and the man on the barouche box."

Miss Daulby never discovered the deception till Sunday, the 12th of March. The cross-examination of this lady was short, but clever and artful.

She was very well educated (Miss Turner), was not she? I don't mean it as a compliment to you, but as a fact?-She had been well grounded as far as her education had pro

ceeded.

But she had capacity? Certainly she had.

Rather clever, was not she?—Yes.

A very clever girl, was not she?-She had very excellent talents.

And very great quickness?—Yes.

And sagacity?—Yes.

Very quick at learning, was not she, always?—Yes, very. And a very good temper and disposition?—Yes.

Re-examined by Mr. Brougham. My friend has asked you about Miss Turner's temper and disposition. What was her disposition as well as her talents?—Her disposition was very good.

Now, was she of a suspicious, or of an easy, confiding disposition?-Oh! remarkably confiding, sir.

Not suspicious?—Not in the least.

Was she of an open and ingenuous temper?—Yes.
And remarkably confiding?—Yes.

The fraudulent letter was then read; and scarcely in the annals of imposture can there be found a written false pretence more ingeniously penned to serve its purpose. The letter was dated Shrigley, Monday night, half-past twelve, March 6th, signed John Ainsworth, M.D., and addressed to Mrs. Daulby." Madam, I write to you by the desire of Mrs. Turner of Shrigley, who has been seized with a sudden and dangerous attack of paralysis. Mrs. Turner wishes to see her daughter immediately. A steady servant will take this letter and my carriage to you, to fetch Miss Turner; and I beg that no time may be lost in her departure, as, though I do not think Mrs. Turner is in immediate danger, it is probable she may soon become incapable of recognising any one. Mrs. Turner particularly wishes that her daughter should not be informed of the extent of her danger, as without this precaution Miss Turner might be very anxious. on the journey; and this house is so crowded, and in such confusion and alarm, that Mrs. Turner does not wish any one to accompany her daughter. The servant is instructed not to let the boys drive too fast, as Miss Turner is rather fearful in a carriage. - Postcript. The best thing to be said to Miss Turner is, that Mrs. Turner wishes to have her home rather sooner for the approaching removal to the

new house, and the servant is instructed to give no other reason in case Miss Turner should ask him any questions. Mrs. Turner is very anxious that her daughter should not be frightened, and trusts to your judgment to prevent it. She also desires me to add, that her sister, or niece, or myself, should she continue unable, will not fail to write to you by the post."

The purchase of the carriage referred to in this letter, and the meeting of the conspirators with the lady at Manchester, were next clearly shown.

Mr. Carr, a coachmaker at Manchester, proved the coming of the two brothers to his establishment on Monday, the 6th of March, to purchase a second-hand carriage of a dark green colour; it was bought for 301., and directions given that it should be sent that evening to the address of Captain Wilson. Mr. Edward Wakefield was the gentleman who made the bargain with witness, and paid him with the very bank post bill that had been lent by Mr. Bagshawe, the banker at Macclesfield, to Miss Davies, the day before.

It was next proved by Houlgrave, a waiter at the Albion Hotel, Manchester, that the servant Thevenot and the lady arrived there about half-past twelve on the Tuesday; that the two Wakefields came soon after, that in five or ten minutes four fresh horses were ordered to be put to the green carriage; and they drove off, Mr. Edward Wakefield and Miss Turner inside, and Mr. William Wakefield on the box. A good piece of amateur acting was related by the post-boy who drove the servant to Miss Daulby's, that he was desired to pull up near the school, when Mr. Wakefield got out. He thanked the servant for his ride, and said he had given him a great lift. The servant said, "You are welcome." They then parted to play their different parts in the abduction.

It would appear from a letter that was produced by the landlady of the Nag's Head at Warrington, a town situate half way between Manchester and Liverpool, that Edward Wakefield had been left behind at Liverpool, when Thevenot carried off his intended prize, and that William Wakefield had just seen her start en route to Manchester. The note was in his handwriting, addressed to Captain Wilson, the