New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-03
LAW LNIELLIGENCE
SUPREME cOuRT-srEcriL TssS-Befose judge ROOSEVELT

SUIT TO ASSUL A MARRIAGE.

sui 10 ANNbL
Herbert Harris sgt. Margaret Harris
The Court said This is application by the husband
against the wife not exactly for divorce, or that mpie
an original valid marriage but for asentence OF nully
on the ground expressed in the statute on the subject
OR S. 49, 49, THAT the consent OF one OF the par
es was obtained by force fraud and that since not
wthandng the performance of the ceremony there has
been as expressed in another section cohabtaton OF
tie parties az husband and wife, u 81
appears from the testimony taken by the referee thar
the plaintiff in November 1881 was arrested on charge
seducton with promise Of marriage preferred against
him by the defendant then Miss Green After having been
confined in prison two days without trial or examination
and without permission to send orcounsel he was brought
before Police Justice who told him that he did not
marry that girl Margaret Green she being esent right
away he would send him the State Prison for five years
Accordingly SO threatened emanating from n Judicial
source although unfounded in law the Justice possessing
no such power the threat had its natural effect upon
unnomed mind and is not 10 be wondered At that the
prisoner unaidtd by counsel and anxious for freedom
.houd have responded he did II have TO marry her
.. must although il is very hard" He accordingly
conducted bv the Justice into adjoining wheie
the intended bride had already been admitted and there
by the Justice himself with ceremony OF great breyy
NOT lnno a. the witness SAYS over two minutes the par
tics in form at least were made one add the prisoner DIS
charged.
l. II 10 be tolerated that such farce repudated at ia
vers by refusal to cohab should be dgned with
the name and legal obligation II marriage contract
pres. or implied At all events consent il essential TO
contract whatever that contract may be- but what kind
OF consent Is that which extorted by the duress II i'm
mediate bonds and the still greater duress OF an unbound
ed and unlawful threat of five years confinement IN the
state eplfon-tMOUtuf IIOm NJ
time the truth OF the charges for which he accused
and never allowed before sfterward opportunity
OF proving their alsiy which he now under oath AYERS
and which his then by not appearing IN tins &c
ton ahOul h duly summoned now vertnally admits
The Justices manner too saws Of the witnesses
himself being the officer who had the custody of the pns
onerl was very determined and decisive He would seem
in bis mind al least 10 have found the accused guilty
without hearing the bare statement OF his sccuser
Had this called marriage celebrated nearly TWO year7
ago been followed by valid cohabtatiOn it would have
PRESENTED both in law and morals very different case
This would have supplied the place Of assent however
torcibv e1tored il would have afforded evidence
although too ardy and imperfect Of the alleged seduction
under promise Of marriage and might have been conid
ered perhaps only admission, but sn INTENDED
for the wrong but the contrary instead OF
this his OATH far IT be taken and the other tes
ouy shows that although in the eye OF the law they
have lived together since the Police Justice de-
By the act Of god March ls4s seduction under promise
of marriage IL made state Prison ofiense but actual
marriage sfterward may be pleaded in bar oil conYc
ton y Police Justice has power, in such cases, 20
bring up the accused party for examination bat not for
trial or udgmentthst Is the province Of another tribu
naaLd especially Police Justice has not the power oil
virtually sentencing without examination trial % verdict
al Of which il done in this Gaze, and even
more for instead OF FIVE years in State Prison. the maxi
mum penalty presented BY the law; tne p'apIn
sr life in the intOrabe bonds Of reluctant marriage the
Police Justice immediately proceeding to execute MS own
n i sufficient for the present purpose that the consent
Of the husband obtained by force or fraud and ths
he has not waived the objection by subsequent acqai
efcsnce Judgment must therefore be entered a. recon-
mended by the referee. declaring the marriage between
the plaintiff and defendant celebrated ey and before the
Police Magistrate on I'D Nov, 1881, null and void
Jhr ,u and Others Jacob sharp and ohs grantees Broad
way Railroad Co . . Il,
Motion hy defendants thar plaintiffs file further security
on Injunction. denied /
On ~. ppieon Of wn HoFr for The appointment o. guar
dis1, 70 ns under via Ct tses horrs deceased
Proof Of matters contained in peton 10 De taken IN open
Court ...xu,
IN ~. natter Of Of Wm Morris and as children,
resYs lAorranls cssed b JAnss n0rrs deceased
Ordered that testimony in relation 20 ms;ters stated Ia
The Petition be taken IN open Court
Cha yhan szE J.eee Sharp and 0thera Cfsnees
Broadway Railrost.
Motion that PLAINTIFF he further security on Injunction
denied
Before Judge MITCHELL
II TEE zAITEh or THE cEsTRAL PARK.
Ih;. questiop came Up yesterday being the motion
Cor the appointment OF Commissioners Of Estimate snd
Assessment and also whether the old and the pro
posed Reservoirs and the Arsenal should BE-
Guided from the seton Of the Commissioner Law Of
he Legislature passed in June providing for tho
skpg Of land by the Croton Aquedasi Department for the
rev Reservoir and another law passed in July pro
viding for the taking Of land for the Park the limits 81
biz inelnded thai n.sadsd for the keseEyoir ana
ola endt The question