Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-26


against her own inclination and the laws of God and
man, been forced into going through the ceremony
OF marriage and accompanying to his home her hus-
band-whieh however she lett on the third day AZ
pure as when she entered returning 10 her parents
with whom she has since lived, and Nv learning the
business OF seamstress has mant aimed herself with
ont asking or wishing any assistance from her nomi-
nal husband, who is utterly repugnant 10 her II at
she AYERS she never consent TO live with him or
iuhl the duties OF wife She claims part Of his
large property TO which her past suferings and the
law OF the land would justly enttle her, and asks
no punishment for the miserable old wretc h who had
hoped 10 buy her with his wealth. The reply 10 the
libel on the part of the Old Colonel set forth that
he also had been defrauded; that he had no idea OF
the extreme reluctance Of the youBg lady, but that
he had also been imposed upon by the father-that
he too had already suffered severely, and pray ed
mat the honorable Court would free him also from
the nominal marriage into which he had becn en-
eed bat denying no other of the allegations broug
forward by said Mary, and also rting that the
marriages tie never having been contaminated, So
could not possibly be injured by the prayer Of
eaeh being granted. He, however, very pruden,iy
ASHAMED from exhibiting himself in Court, fearing
,ne sc1,h and ecration which would have ava ted
him. He adduced no witnesses
On the part Of the interesting libelant wa, Il, st
introduced her father. He was a reluctant wit
ness of his own disgrace He testified tina, the
Colonel was rich man, nearly three times as
old as his daughter, Mary-that the colonel Vi
sited his house, and for near six months took
considerable paine to please the young lady; but
she had Invariably ropnlssd him or fed from hls
to be very desirable one for his daughter and a.
being likely to provide her comfortable home, die
at the repeated solicitation Of Col. Cobb Jay ht
commands upon her, and threatened her harshi,
with turning her out Of doors if she would not cor
sent after obtaining reluctant assent, the marriage
waslpublished. The day preceding arrived. Col
Cobb spent the day at his house, but poor Mary
shut herself mp in her room, and spent her time u
weeping and bewaling the unhappy Fate vhics
awaited her-a fate still more aggravated by the
fact that she was expecting an old lover but young
mana bold hunter Of the West. to return from
Missouri, and claim her for his willing bride. She
refused TO dine or 10 sup with, to speak TO the
man who still wished on the morrow make her hi,
welded wife. The howr designated for the cere-
mony approached, arrived. and passed; still she
would make no preparations, wishing, as she tod
her friends, rather 10 die until her father besought
her again. alleging that ifshe persevered in her con-
good and ODE dent child; she yielded to her fathers
entreaties, and In tears she entered the m Sc
veral Of his friends who had been demonstrating,
lett the room, not wishing to countenance such a
marriage, and had the minister (presiding elder
Brown, Of the Baptist church) conducted as Chris-
tian, the sacrifice might yet have been prevented;
but no, he dared TO profane Of the hoisst rites
OF the Church, in attempting to join those tcgs Their
whom the sympathes of nature, implanted by our
heavenly Father, have decidedly separated may we
hope that every citizen of America win frown down
this unholy, antiAmsriean, monarchcal practice of
selling poor young ladies TO rich old men. In tears
she married, and in tears she left her fathers
house with her husband. On he third day she re-
misery, took her back 10 his bosom, and has since
sheltered her from the man she abhors. Mr.. Bacon,
throughout his testimony, was much affected, and,
at the latter part, though a stern and hardy New
England shipright, he burst into tears AVID sobbsd
like child he owned that he bad erred, but he had
erred in love for his daughter and her apparent well
modestly, but boldly, she gave her evidence; she
testified to the extreme reluctance Of her friend
TO this marriage; she showed that Colonel Cobb
could not but have been aware If il, and yet
he mars wvk. a..
ought-she would not be present at the ceremony
though invited for that purpose. The young laoy's
mother Was now brought forward-a mild interest.
ing woman, evidently the tyrannizcd over victim
Of . stern husband-she deposed 10 her das ghter's
long continued refusal Of the old Colonel the harsh
and repeated commands and threats Of the father
to the general obedience Of Mary, and to her inal
consent 10 sacrifice herself the altar Of lal duty
She, however, had never counselIed her daughter
to this marriage, and when the ceremony at last
took place, her maternal and womanIy feelings
drove her too from the room. 80.
The yousg lady's counsel now briefly drew the
attic ntion Of the Hon. Judge Emery TO the prnci
points Of the law aud the evidenee-ailudcd To the
miserable situstioa Of the young lady, feeliney APP
pealing tn the Court christian and a father.
whether he could justify himself IN refusing the
titon and sending back 10 life Of solitary misery
90 amiable and unfortunate lady he then eloquent
ly adverted to-<he other supposition which he could
barely for a msnent entertain, that the venerable
judge would dare 10 recommend her to return to her
nominal husband who still pleads his willingness to
prostitution-to leg.ized prostitution-rev voting
to the feelings Of an American-to the prostitution
Of lovely girl Of twenty TO the sieksn embraces
OF dwelling old man Of sixty. Could the court,
he asked, tolerate the idea Of sacrificing female
friend-stll less, could the idea Of sacrificing
sister or daughter be endured for Instant The
counsel FOR Col. Cobb added few words, fatally
deavoring to clear him from the actcstation his
duct had tended to inspire, and hoping that the court
would set him also at liberty TO marry againa hope
echoed, one would think by scarce an ind vidual IN
he anulfv he 1caru cd tpIu Fok bsy In
throw out doubts as TO his jurisdiction, and the
contradiction Of the statutes relating to this case,
doubts which were ably and manfuliy contested
by the eloquent counsel Of the dsspaiiing girl
But the heaviest and the hardest task remained
The statute was explicit" II the marriage had
been eonsummated" the fraud and dur,ss In the e. e
OF the law had been forgiven, and there csu'd Be no
redres. The judge pointed cut that evidesee had
been adsueed as tothc manner in hich the hssbai
and wife passed their hours, therdays cir nights.
at his residence III Is runared, hswever tia, the
not only retired 20 the nupt4l chan ber but 20 the
bridal bed The counsel Plead that in ordinary cir
csmsfsnces, he granted that every thing appeared
as u such bad been the case; he ably confer d. d.
however. that even IL "a had she was still under du
ress, and that such wovld have bee but contnra-
tios OF the frznd: he argued however that such
not The csse-that bis fair client had deposed, and
the husband had allowed that she left his home az
ehaste az she had entsred-sull the earned iudse
looked memorable. The counsel rc-exanined the
father TO find " the daughter had mentioned sneh
last on her return 70 Ais meshe had too deli
cate to hint at IL. The counsel whispered with the
mother-she shook her head Fisaiiy, the good old
judge, Who one woud fain hope had Only rss.ed al
these scruples 60 make the desired boon the more se
eeptsble, suggested that neither Colonel Cobb lor
Mary his wife had sworn 10 the facts ale in
respective hbels. Mr.. Smith Immediately exrrcss-
ed the willingness of his client 60 take the
nv OATH and the counsel for the old Colonel said thai
he hoped 10 he able 10 get the oath Of his eliest a.
testing his disgrace. shall hope 60 he present
and have the delight Of reporting end 10 The mis-
erv OF this inferes'i-g young lady.
r,.sd,x N.v,,,h.,- r-,h = Haze ;,,., 80 a..
Young lsdy's eop.sel hand in some papers TO th.
eosrt, hut no decision a. yet-somcthing more VA
necessary. Telling him was about leaving. 4 askst
his opinion he feels quite confident of getting "a
vorable answer from tie really benevolest old udr,
though he irtiasted that the might posi- bl,
have TO 60 TO the jurv. II he was certain th-r,