The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-01
Sup eme CouHt-spscIal Texms
Before Hon. Judge Roosevelt.
A COMPULSORY MARRIAGE DECLARED NULL An

VOID.
SEPT so-Hsrbrt Harris Us Aaraare Haris -Thil
application by the husband agsnst the Wis, noi
exactly for divorce, cr that implies originally vsld
ms.risgs but iSr .snssnce ne on inc ,s
~ y;s ~ ss r...~. ~ X sosss ana
snco Of the ceremony there has been no cohsbaton
tbs parties o. husband ana wi'e"
II appears from the testimony taten before the referee
that the plaintiff in November, 1851 ed
charge Of seduction with promifo Of marriage preferred
against him BY ths defendant then Miss Gresn Afts
eaam.stiop or without to send for counsel
he brought before the Police Justice, who told hu
SHAT he DID not marry the girl Margaret Green (ah
being present right away he Chs Jassco) woad send
him to the State prison for five years.I Al
argument 20 threatening. enADstiDg from judieia
seu1ce although unfosnded In law tina Justice posse
such pswsr-bsd its natural effss. unaforms}
mind and 1t ID not to be wondered 1T that the prissaa
raded BY counsel and anxious for freedom, should ba
said he did: "f have to marry her must alrheng
it 10 very kald" He accordingly conducted BY Il
Justice into adjoining re m where tia intended bid
had already bssn admitted, ard there by the Ju It'd
himself and it'll ceremony Of not very cannsndab}
brevty, Ect lasting, as the witness says two m
u'es, the twain in fern At least were msde one fss
and tie prisoner discharged.
ia It &c bs tolerated" Gays Judge Roosevelt sth
such &C. repu6iated at its Arst inception BY refus
to cohsbt, is to he digniAsd with the nsns aud lag
Cd implied, at all events c0n4eHt Is essential TO eve
contract, Bat what kind Of consent Is that which ID
tcrtd By the iur II nms date bonds aud tbs 81
greater cursss OF unfounded and unlawful threat
ivs years conene in TIE State PRISON. And sxtor
toe, III In q nan ceDyinS 81 inc tins the truta Oh
charge of vhcs he was accsscd aud never allow
either before aftsrwarda. opportunity
provirg ito falsiy, which he under oath sverg
which his then aceuser b. not appearing in this act
although duty surnoEec, virtually admits. Tho ia III
naxIer too rays OF the witIe ssss, hi asefan OH
who had the custody OF ths prisoner g vas vsry Dot
min ed and decided" He would seem ia his mind
least to have found the accused guilty vi hout hsar
the ore st&tt nlsnt Of HE sed sccu
Had this called narIisge celebrated near, $50 ye
ego, been followed by voluntary eohasitation, Is
Lave presented 10th in law and morals, vsry differ
case. Sub equept ratification freely gwen, wOnld
supplied the place Of p svisTs So,a:, :, for
though tardy and In perfect, OF tbs alleged nocu
urcer promise OF marriage, ard might have Sea
siceree, perbap IS not only sa admisGicn bat an
reluctant bushaId swesrs and his ca h as FAR as
negative matter be, IL confirmed by the rest Of
evidence, tba. although one in the eye Of thu
Trey have lever beSa together since the off sia
Political priest declsyed them enc BY the oct Il
March, 1913, seduction urdsr promise Of mArriay
= ade State prison oGs1oe, but actual marriage su
queDtly nSy be pleaded IN bar Of q clnvicion pd
justice has power In euch 20 bring UP the
party for examination, but not for trial or jadsc,
Thai is the province Of another tribunal And eepec
police justice has not t5s OF virtually Gensn
"; bout exsmir atioa trial, yertc'; all OF whic
seems was done in this case, ard even more, for les
Of Ave years in State prison. the maximum penalty
scribed by the law, the plaintiff fsDtcL ced % ID
erur Grated punisbmsrt II confGament for fs I'M
ino]ersb bic bonds Of reluctant Mxtriuopy, aud 10
victim SHOULD have . chance Of escape, the justcs
psrsirg ith the usual cieri iaI vent cn INN
proceeded 10 execute his ows judgment Il is snfhc
however, for the present pur pose hat the cocssat
alarmed husband wss Obtained by force fraud
that he baa rot waived the obj'csion by his suseq
action or scqu,escsnce. Judgment must. therefore,
tered ~ recommended BY the referee, dsclsrins
marriage between tie plaintiff and dsreodsnt, cslsb
BY and bsfoSe the police justice on ed November,
70 be Kull and void.