Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-10-09

neu " proper account Oy laws suited TO their peculiar
cumstances.
We are glad to hear that the celebrated Prma Donna
'aery Gomez aud Mr. 5. Wolowsk the Pianist will give
US another Musical treat in few days Monsieur Wo
ouski will deliver Musical Lecture rs well Instructive
as interesting
HrsRico County CouRr JusrIcEs.-IMroRrASr C.sr
OF BaANr-A charge Of bigamy sustained by evidences
trial, was investigated before this Court on Saturday
Justices Jarvis, Waldrope, Harris. Cox aud Dcken
siding The accused man well known in this com
munity named Benjamin \. Preutiss who for over ton
years has resided in the hegbborhood Of this cy in
Joyment Of goody share oil worldly effects. He IL iu
possession OF large farm about miles from this city
which ho obtained as marriage portion with his sec
aud wife, his marriage to whom has rendered him amen
Die to the laws Of this Commonwealth in tho infamous
character Of q bigamst.
His guilt in this connection was long looked upop as
moral certainty, having some years ago
ranspred strongly calculated to excite suspicion omiuous
Of an evil issue.
The charge of bgamy preferred ag.ius. him has been
founded upon his marriage to Miss Ge!cena NJ Mintup
having been previously married to Miss Mary Hunter in
the town OF Lewisown, Mihn courty, na now
resident Of Petersburg, otherwise known "a
Perry County, In the same state.
The accused is man Of largo proportions. Ho has
remarkably keen vsage-a feature uey indication of his
well known shrewdness in all business transactions He
has carried on large and successful trade in horses as an
auxiliary TO tue profits of his farming pursuits in this
capacity has been asceraned to have thou
sands He has been always Set down az superio. Judge
OF horses fact which his success in that trade fully con
firms.
The first wife, and of his, aged twenty mex,
August were in Court during the examination The
ner seemed very intelligent person. and neat and re-
spectacle appearance. She took her on the bench
Immediately behind the Justices and listened to the eI
animation throughout with marked attention.
The son bears strong resemblance the father both
10 his features and general physical development For
his he s remarkably tall and promises fairly TO compete
with his ungrateiu sire in athletic proportions. lie is
remarkably shrewd and intelligent such an age aud
by the way spunkey, for could learn that upon his
overhearng an uncourteous remark made by gentleman
In reference to bis mother as she entered Coutt-that
she was bold looking woman," he inquired very par
ticulary Tor his name with view he said 10 have talk
with him on the subject Of that remark.
The first witness examined 10 the was a man nam.
ed Lawrence kulp Being sSorp he said in repI 70 Mr.
Young the attorney for the Common that he resi-
ded in Lewstown. Minhn county, Penusyyanis lila
fathers name was Henry kup. lie knew him to be in
the habit OF soenising marriages in Pennsy vans Was
present at the solemnzlion OF marriage by his father
as justice oil the peace, between person named Benia
min F. Prentiss and Miss Mary Hunter.
Mr. James Lyons, who, with A. A. Morsop and p
Sarke, acted couDscs for the accused obiectej IN
the presentation of proof OF the marriage before satfng
the Court OF the authority Of the individual who
ed il, so to do.
Mr Young looked upon the objection az prsm.,u,s
He contended that the laws of Pennsylvania reouireJ no
proof authority OF the individual 10 such matters in as
much they regarded marriage civil contract Tbcv Aid
not render it obligatory upon parties entering into the
marriage contract to 60 before magistrate IL was spf
hcient Tor all the purposes OF the law that mutual prom
uc9ir0u9 into N
state made in the usual formI take for instance Narv
Hunter for my wife, and similar ptdgs on the mar, or
the other He showed upon the authority of chief ius,
tce OF Pennsylvania that H. according to the doctrine NJ
Mr. Lyons, such marriages alone were lawful ss hal n.s
solemuised by justice Of the peace or CLERGYMAN half
the children in the state would be- in state of
ne also presented IN support OF his argument, that
marriage was regarded in Pennsylvania civil contract
the case OF man and woman who having cohsbited TO-
geher Tor same time in an aduterous uaon and after
separating from cause to solicitor for the
arran IL
perry or chatics The solicitor anxious to promote a re-
union among the parties instead Of settling the
In dispute, sought TO induce them become united
agan-and in iurtherance Of that effort asked the gepe
man II he would not take the lady present for his wife 10
which the other promptly replied will take her az nv
Wle and putting similar question to the lady she re-
piled he is my husband enough In some civil
suit affected by the legality of the marriage between
these parties the question whether such marriage
was legal came up, and the judge, before whom the mat
ter was argued, decided that had the woman expressed
her consent III the present tense the man had done
81 shall take him as my husband" instead Of he is nv
husband" which had reference past transaction the
marriage would have been lawful.
Mr. Young further showed upon legal nutborit.s tbs,
marriages. solemnzed by person n Justice of the
peace, but to whom the parties applied to be married
under msapprehenson OF his being one were declared
lawful. In Short II regarded as a civil con,tac and
therefore binding In law, entered into in the pe.
sence OF any ordinary individual not vested with mags-
teral powers.
Mr. Noson, the other counsel for the accused prodpced
the authority of Mr. Davis once professor OF law in
the University Of Virginia. to show that while
IS sufficient to establish marriage in civil cases neither
cohabiation or reputation sufficient In charged for
bgamy, according TO the laws of Virginia.
Having read the passage bearing upon the point from,
the commentary OF Mr. Davis, he said here then ia
Virginia authority (whetber the counsel on the other aide
admits Il or not) entitled to the highest respect In Viz
ginia showing, emphacally that the sort of oydenco
sufficient IN civil cases insufficient. in criminal cases for
bigamy.
Sir, this charge IT, that this was a marriage entered
into in the State Of Pennsylvania. Now, say that il
AZ the root OF this question: whether that
In Pennsylvania consummated according to tho laws
si that State; aud say, that what the law Of
mia Is may be proved there by tho production OF the
Pennsylvania code TO show what OF marriages arc
proper there, aud cannot be proved by mere authority
not proven to have BEEN or introduced an expert OF
the laws OF that State.
Mr. Young observed that the very fact of tho parties
having lived together after the contamination tf the
marriage indicated that they regarded the marrir 20 as
lawful.
After further arguments on both sides. upon this
subject the question immediately In controversy as 10
whether it was competent for tho witness to state what
occurred At the time Of the marriage was referred TO he
court, and decided in the Affirmative.
Tho witness then went to say that the marriage was
duly soemenzed, and the parties both sides gave
their full assent in his presence They Joined hands and
went through every form peculiar to such ceremony
Recoeciod hearing bis father pronounce them man and
wife His father Justice Of the peace and
IN the habit Of solemozng marriages. After the forms
completed bis father asked them their names which tho
gave az Benjamin y. Prentiss and Mary Hunter Uo
made entry OF then accordingly In register kent Inv
him for that purpose.
The witness here produced the register which he said
contained tho various marriages soemuised by his father
10 his capacity as justice Of tho peace Il was in the
custody Of bis mother since his fathers DEATH which
place 10 May, 1852.
Mr. Young here read the certificate Of the msrrsgo as
entered upon the record IL set forth that the marriage
signature Of Henry Kulp-by whom Il was soIemnised.
The Wness went on 10 say that no saw three parties
driving 10 carriage, through the village Of ewisovn
he evening OF the marriage. The beautiful appearance of
tue horses a. well ne the elegant style In which the par
ties were dressed attracted his attention. and he cared
upon them ntenJ as thoy passed The gen tetnan who
drove the oarsge was the person whom he had
ne house 10 the evening, and called bis father on,
OF TIE store, and 10 tho course Of that piRht--be
believed about ooloek-he and the LADY whom he NO.
OF the ceremony the gentleman threw down somo