Wife reported Preston husband as a bigamist after they had row

Local historian Keigh Johnson looks back at an unusual case of bigamy from yesteryear.
Preston Parish ChurchPreston Parish Church
Preston Parish Church

On Valentine’s Day in February 1876 romance was blossoming in Preston when Ann Heaton married Robert Leyland, son of William Leyland a well known Preston butcher.

The wedding took place at the Preston Parish Church on a busy day for the long serving Vicar of Preston Canon John Owen Parr with the marriages of William Southworth to Margaret Cowell and Henry Monk to Mary Ann Winstanley also taking place.

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Unfortunately, all marriages are not made in heaven and from the beginning of their marriage they quarrelled often and subsequently they separated shortly afterwards.

Not giving up on romance in early January 1877 Robert Leyland became acquainted with Mary Smith who was a weaver living in Nile Street in the town.

They began to keep company and the young lady who assumed he was a bachelor became deeply involved with him. Her passionate feelings led to seduction by her suitor. When talk of marriage followed he confessed that he was already wedded and said that his wife had gone away with another man.

Ignoring this obvious impediment to their desired nuptials Leyland asked her if she would marry him and despite the illegal nature of such an event she consented. Consequently the couple were married at St. Thomas’s Church on Lancaster Road North in mid August 1877.

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All seemed to be going well for the newly weds until mid December 1877 when following a quarrel between the couple she visited Preston police station and gave details of their bigamous marriage. This led to the arrest of Leyland later that night as he made his way home.

The following morning Robert Leyland, age 21, appeared at the Preston police-court charged with having committed bigamy by marrying Mary Smith, whilst his former wife was still was alive.

Amongst the witnesses called was John Hollinghurst who testified that he had been one of the attesting witnesses at the Preston Parish Church marriage. Although Leyland chose to maintain his silence Hollinghurst, who was familiar with the accused and Mary Smith, informed the court of details of their romance.

After a brief consultation the magistrates committed the accused to stand trial at the next Manchester Assizes. When a plea for bail was brought forward Chief Constable Mr. Oglethorpe spoke highly of the Leyland family, but chief magistrate Col. Pedder thought it unwise to grant bail over such a serious charge.

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At the Manchester Assizes of mid-January 1878 Leyland pleaded guilty to having feloniously married Mary Smith knowing his former wife was still alive. On being called Mary Smith confessed to his Lordship Mr. Justice Denham that when she got married to the prisoner she knew he was a married man. She then remarked that the accused had generally treated her kindly, but following a quarrel she had reported him to the police.

Mr. Cottingham addressed the court on Leyland’s behalf claiming there were extenuating circumstances and that according to the police his former wife with whom he had lived unhappily had been co-habiting with another man for some time.

After considering the matter His Lordship sentenced the prisoner to five months in prison with hard labour telling him he had taken into account the month he had already spent in custody.

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