The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-13
TWO CENTS.

point urged part of the defence "a to tho sttu. of
limitations, IL commended, operated in favor of
the prisoner turning the question reside nee OF
in the city Of New DIRK for three sue
ces.ive years subsequent to the latter marriage
The Prosecution followed, and held that the first
marriage in Ireland between the parties, per-
fecy legal and could not be annulled by the ope
ration OF British statute law here the acts Of Par
lament, also, which the defence relied, having
since been repealed by the act Of 1912 After review
ing the testimony and cOnte nding that prisoner
fully menabe under the statute law of the State,
he RECORDER charged the jury, who we're. he said,
bound first to consider what generally constituted
marriage. In coming to this conclusion, they wore
bound to weigh thu testimony introduced on the
trial in relation to all the facts and circumstances OF
the case he prisoners explanation as to his coming
here away from his own country, was, because he
turned out of his land and left the first wife behind
and they believed that the frat marriage place
II they fully satisfied to thatthe whole ques-
ton then turned upon the second marriage. They
bad this fact proved by the second wife, Ellen Ma
honey, who, under the circumstances could be wit3
ness She testified that she married by the priest,
in Chambers street the Rev Mr.: Varells, md they
then to consider the other facts introduced in
support Of the prosecution Now, the jury believed
that this first marriage took place, and this
guilty OF the offe nee The next question they had to
consider was the fact having to the statute
Of limitations that is whether prisoner a resident
not within the State for period three years after
the offence charged had been conn itted. The Court
hereupon recaptulated the testimony In relation TO
proof of prisoners residence at New Haven for some
three years after the marriage of lS45 and his being
seen also In New York. occasionally, within that
period, when the given to the jury who hav
ing prospect of agreeing, called out after
long debe ration in the jury box The Court directed
them to again retire. and adjourned the court to six
O'Clock. On again appearing on the bench ut the APP
pointed hour the jury called out and required
further instruction., to the facts referring
to the first marriage. The Court instructed
them, that they should look upon 1t in tho light Of
presumptive marriage 1t not for them to decide
here what constituted age in France, In any
other country.
Counsel here briefly argued the question as to the
right of the Court to charge, the question Of foreign
marriages.
The CouRr held that under Warren, aud some of
the books 1T was contended and allowed that persons
present at foreign marriage sufficient prsof to
be adduced on the trial
The jury retired, and having remained in their
room until after seven o'clock were again called out,
and not being able to agree were discharged They
stood seven for conviction and five against it.
This Is the second time tho prisoner has been tried
the jury the former trial. also, not having agreed
The prisoner as remanded The Court adjourned to
eleven O'Clock this forenoon.
CouRr CALENDAR September 13-Ciycui Court
H. IL, 90 SO. A to 81 inclusive. Common Pieas-1st
part l43 145 149 15l 1853, 1885, 49, l50, 16l 1913,
It's Al, 63, 81 Part ID same Gale ndar as Tuesday,
with No II added.
CouRr OF AprEALs Saturday, September 9.-Present
Chief Justice Jewet and seven Judges.-No. B. Elisha
Ruckman rs Royal Coweu Samuel Stevens for plain
tiff in error ii. c. Wheatey for defendant in error.
Monday Sept 11.-Mr Stevens concluded his argu-
ment in cause No. s, this morning. No. was called
and passed Respondents default entered. No. TO-
Philander Mott rs Paul Palmer Hill, jr for plain
tiff in error; John Reynolds for defendant In error.
US SrocKs AND L. s. Treasury NOTES NOT TAXA
AnLE-The Superior Court of the United States, in
which carried up to that tribunal from one OF
the courts of South Carolina, decided that ntted
States stocks not taxable by States, and L nted
States Treasury Notes within the scope OF that
decision Chief Justice Marshall delivered the opinion
aA nvrrf RaI C,sr