Sunday dispatch. [volume] (New York [N.Y.]) 1845-1854, 1852-03-14
TRE CITY AND SUBURBS.
SINGULAR CASE or B1eAarY IN BRooK

THE CITY AND SUBURBS.
SINGULAR CASE OF BIGANrY IN Brook
tvN.-ImpoRrANr DECISION OF THE law or MAR
RrAep.-CAurroN TO BOTH MEN WoMEN.-There
is very prevalent ignorance in relation to Of the
most mpor points Of law connected with such cases
SIS the followingwe mean an ignorance among the peo
ple-shat little enlightenment would do great good
for During the past winter dashing retreshment
saloon has been kept up Brooklyn, in Fulton street
opuosite High called the shskpeare its front cornice
being surmoun ed by Of gas-lamps, with elegant
astral glasses in the style Of tho Broadway Theatre
The place was kept by young man named DAVID Orr'
and he seemed thrive and make money He lived with
woman who passed for his wife, and by whom ha had
two children 1t appears that there was never any
RELIGIOUS legal any other kind Of ceremony between
the PARTIES that they lived in that way simply by
mutual consent. About the beginning Of last January
Mr. David Orr conceived violent amour toward young
woman named Watkins, which she seems to have re
spsnded to- They agreed to get married. although Orr
told her Of the relation between himself and the lady
with whom he was up to that time living dc stated
however, that unmarried, and still at liberty TO
take wfe with whom the conjugal tie las he oeearea)
ould be legitimate At the time, as some deuluy
was to be feared from tho relations friends Of Miss
Watkins it was arranged that the twain should 20 to
Pbiladelphia and get married. Hobokenwas rstnamed
bu for some given up The parties LETT BrookyA
staid few nights in New York, and then went on to
formed on ths 18th of January last Thus he summary
deserted for she must be called) with whom
he had living two years and far kaown, left
her to shift herself with and his children although
it doe not appear that the second lady ways
ex teular in her requirements towards her
spouse In short time Mr. Or and the lady returned
to Brooklyn and in about week Orr arrested on
charge Of bgamy The trial has been on Thursday and
Fridsy last before H A. Moore the County Judge and
Justices Stwel and Scott at the City Hall, Brooklyn
F.H1..-
were nut forward the opening address Of the attorney
for the people, and testimony that RI practically
took Margaret Ceary his wife and after January
1910 in Boston that he lived with her. and by her had
two children no in Brooklyn that he hired premises
for himself and this woman his wife and children as
he stated that ordered and paid for goods to be sent
to his wife that had introduced her to several par
ties as his WIFE and of the witnesses ever heard or
believed anything the contrary that she was good
and attentive wife, and afectionate mother Dr. j.
Cochran testified attending MIS- Orr In January las'
when she was confned that Orr appeared in great grief
at hsr suffering that he called her Mrs Orr, and his
wife Elizabeth Watkins or Mrs. Orr 3D. being called
upon the stand testified that she had been acquainted
with the accused about three months before they
m'rried that she had heard he married man, but
he had always told her that he married the
he was living with; he had promised to marry
hsr that the lih January last she went New
York to meet him by appointment and that the 18th
she went to Philadelrhia with him. whore they were
married. She produced the marriage ce1tifcate She
said that they went to Philadelphia to be married be-
her parents opposed to the match and it
to avoid this opposition she consented That shortly
after their marriage they returned to this city
Mr.. Garrison, Orrs counsel here and argued that
this admission (of the offence having been committed in
Philadelphia quashed the case, and put it out of the
power Of this try it, He demanded the opinion
of the The attorney for the people offered rebuff
ting argument and contnded otherwise that good as
marriage might nferredtrom the fact that the witness
New York the 4h of January and did not pro-
oeed to Philadelphia until the l7th in the meanwhile it
might be fairly Inferred they living together man
and wife. If the principle allowed laid down by
tbs counsel for the Defence any married bertne might
take woman to Hoboken there go through marriage
ceremony, and to this State with impunty be-
the offence committed in few Jersey. Judge
Moore after delay, announced the opinion of the
He himself admitted the position of the counsel
the defence and thought the of the power of
this court his associates thought otherwise
and they being amajority that must stand the opinion
of the court Miss Watkins then called again, and
testified that she and Orr before they married. had
gone or twice to New York; spoke the l4th
of getting married the next day, but objected, my
friends would object my marriage with him remained
the Of the 14h at hotel in the Bowery Question
How did you pass the night of the l4th, alone in
company with anoherY Objected by the counsel for
the defence tending disgrace and crminae herself
Objection overruled. Answer-I didn't pass the night
alone. Questionable you occupy the same room with
ORR The witness declined answering and the question
PRESSED She and Orr married at St. Peters
church, Philadelphia, by the Rev. Mr. Hecke were mar
ried according to the form of the Episcopal church
took him my husband for better for worse; he
agreed to be my husband in the presence the minister
father to Philadelphia and broughtu home
we were going to remain not to consider our
selves married while in New York returned under the
impression that the marriage by clergyman me
his wife, don't know that he told me he married
in the of others said that he married
to his former Wife remained from The 10Th to the 18th in
Philadelphia; returned to Brooklyn and lived at 23%
Johnson street lived in Philadelphia and Brooklyn
and wife until about week afterwards when Orr
arrested On the part of the accused Isaac Orr his
brother testified follows Knows Margaret 1.-THE first
Mrs ORR for about three months. The counsel for the
defence offered to show that Margaret had admitted in
of witness that she married. and that
long antecedent the marriage with Eliza watkins, Orr
had said in the presence of Margaret that he
married and she did not deny it. Objected to by the
counsel for the prosecution and sustained by the court
Cross-exd.-Knows that Margaret and his brother lived
together has lived with them about six weeks.
Summing up the attorney for the prisoner Mr.. Garri
son. addressed the jury the law of marriage and
argued that according that law Orr not proved
to been married Margaret Cleary that
if he married. it alone in the power of the State
of Pennsylvania to prosecute for the offence, not the
State of New York His address occupied an hour and
half The prosecuting attorney, Mr. McCue, contro-
verted the argument of the counsel the other side
as the law of marriage. He reviewed the evidence
given the part of the prosecutions and then read and
explained the law apperaning ther to- and contended
that there all intents and purposes marriage in
fact with Margaret Ceary In conclusion he drew the
attention the jury to the effect of their verdict if it
was acquittal it would be the of sending this
world with her character bateu as 1sg the s
of man. and would bastardize her children they
could never reel Themselves them.-
Judge Moore, in charging the jury, pointed what
constituted marriage in this State and said that nit
to marriage, ioriting thereon, neces-
sGry the declarations Of the parties themselves ioere s
cien and if they 1.-THE jury) were satisfied that such
marriage existed between the and Margaret
Ceary, then the crime proved in accordance with
the law As to this State having power over an offence
committed in Pennsylvania; he differed with his col
leagues. but notwithstanding it urys duty to
take the decision Of his associates the opinion of the
whole it the decision of the Court The jury upon
retiring were out but few moments, when they re-
turned with verdict of guilty; which upon the proper
ceremony, was declared their unanimous verdict Orr
remains in jail, sentence not having been yet pro-
nounced His counsel Samuel Garrison, is preparing
bill of exceptions the ground of the in Brook
lyn not having Jurisdiction but principally because
where there has not, in the first case been
contract Of marriage the entering into second
tion not enough to constitute bgamy This theory
doubtless upon high authority; and it is likely that it
will be entertained in the ultimate determination this
CoBdPLAINT-oF AN INJURED HUSBAND =
On Friday evening the usual routine of the Tombs Po
lice Court diversified by the following ludicrous
At six o'clock in the evening, two men were
brought into the Courthe dressed the other in his
shirt sleeves The gentleman dressed in charge of
policeman, and his companion out of breath from his
anxiety have him ncarcerated preferred the charge
Of seduclng his wife against him. Mr. Stewart, the
Clerk of the Court begged of the gentleman the
matter eooly and inform him of the circumstances
the case. He then stated that having suspicious of his
wes fidelity he returned home from business that even
ing rather unexpectedly and found after having had
trouble to get in the gentleman in charge installed