The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-10-09
FOCAL MATTHIAS

EXAMINATION on THE CHAR0E or BlaA-3
N.Y. Bsnjamin F. Prentiss, e well known ci1ixen
" Court OF Henrico on Saturday last, 70 answer
the charge Of Bigsmy-that OF marrying Miss Mary
Hunter Ia Pennsylvania, 10 1884. and Miss Nelceus
NJ. Mnton, Of Henrico county, IN 1871. The Court
was composed of tho following Justices of the
Peace: Messrr. Cox Hanes, Jarvis, Waldrop and
The accused 10 a stout, portly man, apparently
forty years of age. auburn hair. blue eyes,
dark complexion, and II over six feet high. He
appeared in court dressed In a mixed sack. black
pants vest and cravaf, and wore gold guard chain
across his bosom While sitting In rear Of his coun.
sci, he held high head, and endeavored to look
very pleasant, but those who noticed him could
readily perceive that his smiles were assumed, and
that he fully appreciated the unpleasantness OF his
position.
Attwenty minutes past IL o'clock the Court was
opened on the accused, Messrs. Lyons, Morson and
Starke appearing a. council Tor the defence; and
Capt. John B. Young for the Commonwealth.
On Mr.. Youngs announcing his readiness to pro.
coed, Mes.rs Lawrence KuIp, Charles Stner, and
Benjamin F. Prentis, Jr, Of Pennsylvania, were
M LYONS asked that the witnesses might be sep.
arated before testifying. at which Messrs. stiner
and Prentis Jr, were invited into the Clerks Office
where they remained until called for.
Laurence Kulp, examined.-I reside 10 Lewis
town, Mifflin county, Pennsylvania, and was 81
years old in.February last. My fathers name was
Henry Kuip. Twas present at a marriage of Hun
the Peace.
Here Mr.. Lyons interrupted the witness, and To-
sisted that the Commonwealth Attorney should
first prove by the laws of Pennsyvania that Jus
tice of the Peace had legal right to solemnze the
marriage vows, before he undertook to prove
rage before such officer. This being done, the
proof now attempted to be introduced would be ad-
missable, but not until then. 90 @F
Mr.. Young thought it unnecessary to adduce any
such proof at this time. He was prepared TO show
that 10 the State of Pennsylvania marriage was a
mere civil contract, and might be completed in any
words in the present tense, without using any par
ticular FORM If man were to say before Justice,
or any one else, 81 will take this woman a. my
wife, and the lady answered in a similar manner,
thepariies would be legally married according to
the laws of that State Mr. Y cited several cases
decided by the higher courts of this country to
prove his proposition and argued the bearing of the
law with great ability While person might lay
himself liable to prosecution for solemnizing a
marriage without legal right 10 do 80, that fact
would neither vi,iste nor annul the marriage.
Mr. Morson could not agree with Mr.. Young. 1t
was necessary to show the marriage law of Penn
sylvania, and also to show that a Justice of the
Peace had legal authority to solemnize the marriage
proved In evidence. He, too, quoted from various
law books in support of his argument; and conten-
ded that while general reputation and cohab;tation
might be given an evidence OF marriage In Ger
tain cases. the charge of bigamy could be main.
tanned by no such testimony. He hoped the court
would not permit the question, 'swho married Hun
ter and Prentis," to be answered by the witness,
until the law authorizing Justice to solemnze
marriages was shown.
The Court overruled the notion and the exami-
nation of the witness progressed. =
laurence Kulp, resumed.-Hunter and Prentis
were married by my father. Both parties assented
the floor, Joined their right hands, and after the
ceremony, father pronounced them man and wife.
Father was Justice, and in the habit of solemniz-
ing marriages. After the marriage they gave their
n m n dn rnf knpxu xrbi cIn
was Hunter and which Prentis. Here Justice
kulp's book was introduced, containing the origi-
nal marriage certificate of Benjamin Prents and
Mary Hunter, bearing date 21st February, 1884,
with many other records In it, That book was
kept by my father for entering marriages in. He
died in May 1882 and the book has been in the pos
session OF my mother since that time. Mr. Lyons
stated to the Court that the counsel for the defence
objected to the use of the record just read but
would not now take the time to argue their objec-
tons. go
Mr. Kulp, continued-I saw the parties pass
along the street in carriage, before they came to
my fathers to be married. Don't remember the
character of the carriage but 1t had pair of spen-
did bay horses attached to it, which attracted my
attention. The same man that drove the fine bays,
came to fathers that evening, and called him out
That night the lady and himself came back and
were married about or O'Clock. After the cere-
mony was over, the gentleman threw down some
money on the counter, and heard father say he
would only take what the law allowed him--one
dollar and half. How much he received, am
unable to say. Father kept small store and the
marriage took place In the store room. l never
saw the lady from that night. until about three
weeks since. Then saw her In Lewistown. Mr..
Jacobs, a lawyer, came to mothers In search of
fathers marriage certificate book and happened
TO be there at the time. He said he wanted to
search for the marriage of Prentis and Hunter;
hearing which, remarked to him that believed
was at thai marriage. My sister and myself then
went up stairs and found the book. After finding
the certificate Mr.. Jacobs invited me to 60 over to
the tavern and see the lady. at first declined but
on his insisting went over AS soon as | entered
the parlor, recognised her, notwithstanding the
fact that there were two three strange ladies In
the room with her. (Mr. Young requested Mrs.
Mary Prentis who had come on from Pennsylva-
mia and was in the room, to stand up, which ehe
did That Is the lady saw married. The witness
was next requested to look upon the prisoner
He did so, and answered, 81 do not recognise him
paid but little attention to the man, being more
interested In the lady" 4e5a s. ~ - 80
Cross Examined by Mr.. Lyons Don't remember
when the marriage OF Hunter and Prentiss took
place. 1t may have been ten. fifteen or twenty
years ago. Cannot speak positively as to the time
Do not remember the day OF the week, the month,
or the year but know that it did not take place
Sunday Never saw either of the parties from the
time OF the marriage until about three weeks ago,
when saw the lady in Lewistown. The carriage
was open In front, and did not stop at fathers
when hrst saw i pass along the street noticed
the lady particularly, because she was dressed
much finer than ladies usually dress 10 our town
Do not remember what was doing when / first
saw them, or who was with me. About that time
was either going to school or attending In my
fathers store. When they came back wasin the
store. and heard persons say " here comes the
grand people in the carriage" Many of the citizens
ran to their doors to see them noticed persons
passing from towards my grand-mother's, by the
store windows. There were several persons about
the store at the time they passed by. The MARI.
age took place that night. was In the store at the
time. MY attention was particularly called by the
fine horses and hadscmely dressed lady The
store was closed when the parties came MY father
did not know,thatl even.was in it suspected that
some low game was going on, by my fathers clo-
sing the store that night and telling me thatI could
go home. Believing that marriage was to take
place, felt curiosity to it, go instead Of going
out OF the back door, merely opened and shut IL,
and then hid In dark corner When the parties
came, my father was at his desk writing. They
stood in the floor, went through the ceremony,
Joined their right hands, and father pronounced
them man and wife, There was but one candle in
the room, and that enabled me to see directly in
their faces was In view of the parties, but sup
posing that they did not desire any one to be pre-
sent, tried to prevent my being seen. After the
ceremony had concluded, the gentleman told nv
father to say nothing about it for two or three days