New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-27
ria fnally leit Ireland for New.York led in

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| that Mrs. l. had destroyed a letter sent to her,
since the commencement of this suit, from John
! Craig-aso referred to NO other lettersirOm him
SATURDAY, Jan. S.
Among the testimony for plaintiff was that Of
Hugh Montgomery. He testified to having re-
sided in Balligsrvy, County Antrim, lreland he
knew man named John Craig, son OF Charles
Craig; saw him married to Maria Pollock the
defendant; it was in 1885 or 1885, think saw
John Craig at Bally garvy in 1888 or 1899 there
are other John Crsigs there, bat no other Charles
Craigs; presume when / last saw John he was
not living with his wife after their marriage they
lived at Haverstraw John Craig when married
was upw ard Of 90; l saw Mrs. l.. the defendant
in Ireland in 1887 or 1888; John enlisted two or
three times / left Ireland in $40, and have not
been there since; they were married by Rev. Dr.
Steward, Presbyterian minister; In Ulster no
publication is required
Mary Cf0lg, Ia respectable appearing young
lady, sworn for defeBse.-l am daughter OF de-
PENDANT, IA years of age last November lived
with my mother always until about the last SIX
months; John Craig was my father; l never saw
my father; | now reside with the family of Mr..
Smith. Thirteenth st; have never heard where
nv father was nor whether he was dead or alive.
The counsel asked the witness how Mr.. Lin
den, plaintiff. treated her mother, which was OBJ.
ected to. The witness said her mother never
told her anything about it.
Robert BlUfLe sworn-Saw the plaintiff and de.
they were married by magistrate, laid Lee j
the Alderman asked her if she ever was married
before she replied that she had been-that she
was married to man named John Craig, In Ire
land, but that he enlisted for soldier, and she
did not know whether he was dead or alive
The magistrate asked her how long it was since
she had heard from him, and on learning that it
WIS FIVE years and over, he told her that by the
laws of the State she was at liberty to marry
again. The magistrate then married them. 1t
was shown that Mr.. J.. was under arrest at the
time as the putative father Of their chid, he hav
ing the counsel said, seduced Mrs. think
Mrs. L. came to this country in 1910 or 1871 her
fathers name was Pollock she went by the
name of Maria Craig her little daughter who has
testified, lived with her.
II was stated during the testimony that after
their marriage and removal TO a town few miles
off that in two or three months he enlisted, bat
his father bought him off-that he was man of
Incorporate habits and that in about 3 or months
after he child the young lady who testlhed) was
born her husband beat her and turned her out OF
DOORS and she travelled, with her child in her arms,
in the month of January, home to the house of her
grandfather, her mother at the time being dead,
and her father gone emigrant to America.
The testimony being concluded, Mr. Anthem
commenced the summing up for defense.
He said that in considering this case the Jury
must necessarily, from the evidence, look little
into the history Of her life-a life which has been
marked by affection and disappointment. In her
Young DAYS it was her misfortune to marry
drunkard-a character the most helples, disease
the most fatal of any. That husband, as is gene
rallv the case with an Incorporate husband ill
treated her. We find her returning to her natu'
raj protector (ber parents having died or gone
away) her grandfather, without shoes on her teet.
with scarcely any clothes to @frSi ,Led With
child in her arms, and even Der Dack metheu WITH
the stripes which had been inflicted by THIS man,
if he may be so called, upon her.
The next we hear of him, he was seen In the
custody of a recruiting sergeant Gentlemen, we
all know what would be the effect OF this when
considering what we iaye heard OF the rigid
course pursued by the British Government In re-
lation to its army. A recruit, when he has once
taken the Queens money, as the Wi ness has
termed it, cen get rid of the obligations OF sol
der but in three ways-by the bullet OF an enemy,
by the bullets If deserter of platoon OF soldiers
for it is well known that Government sacrifices
the lives of deserters for the good and proper dis
cipline of the army-or, thirdly, by an asylum In
that noble institution Chelsea Hospital, In which,
when q soldier becomes wounded, disabled or
eufeebled by age, comfortable home is provided
for him but as to coming back TO the world again,
that is done seldom or never IL Is known that
the British have possessions In every part OF the
world; so much so, that it is said the British sun
rise gun fires in all the twenty four hours-the
sun, as we are aware rising in one part OF the
world at different time from another. The re-
cruits are oil these different stations, and
olteLtmes never heard OF by their friends.
The counsel commented on the facts, aud con-
tended that the verdict must be for defendant.
Mr.. Jas. NJ Smith, for plaintiff, made one OF his
usually locible appeals in reply and insisted that
from the facts aud the law the verdict must DC ior
plaintiff -
Judge Daley, in his charge, stated that the laws
of New York make marriage a civil contract, re
curing no particular forms, and nothing but the
assent OF the parties to become man aud VIE, aud
so residing and being considered to make the
marriage binding-but it is different from others,
from its high Snd solemn character, and from the
fact that while all other contracts may be re-
scinded by the agreement of the parties them
selves, this one cannot Nothing, In thls state,
but the death, or criminal conduct oil one oil the
parties only can dissolve 1t. The marriage OF
defendant to John Grail, therefore, was valid,
although not performed by minister OF the Eng
ish Established Church.
Itis also the law of this State that if husband
absents himself from bis wife and IS gone ior the
SPACE of five years, without hls vile knowing or
hearing az TO where he is she is at liberty 70
marry again. Should the husband, however, re-
turp at any time after the wife has thus been
married again, he has right to appeal to the
nroper Court and demand and receive her again
ga bis wife but until such demand and decree
has been made TO that effect by the Court, the
second marriage is valid, and the children, It any
under it. legitimate. II, after the decree has been
made the parties Of the said second marriage con-
Time still TO live together, they do so contrary 10
the sanction of law, and their children, thence
forth, if they have any, will not be legitimate AS
regards the present case 1t is for the Jury 10 take
ali the facts and circumstances that nave come
before them into consideration weigh whethe. or
not on the part of John Craig there was such
going away as is contemplated by the act and,
in good faith, had the defendant not heard from
or knew "a to where he was for five successive
yeafs previous to her marriage with the plalntln.
il she was thus without kno wledge in regard to
him, her marriage to plaintiff was valid, aud this
suit to dissolve that marriage cannot be sustained.
II not and she was aware, within five successive
wears, Of his existence and residence, the mar
rage is void 1t is for the plaintiff to make out,
eatiafa cfOrv n the JuFy. that