The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-01-29
local MArr1ns

Agvs AND LAWs--hk-uNlON or HUSBAND
Nd WIS On SATURDAY Afternoon isst shs stale
sourthouso Vas densely thtongcd with spectat0rs
e hear the arguments and learn the desision of
g suage 0n the hdbcas c0rpas sued ont By LsWis
honoefger, young man about % years OF age.
2 gel possession OF his wife, Louisa Ann who had
,een iorcibly taken from him on the ornins afer
heir marriage By her father, Patrick Jordan, of
aenrico. And who claimed parental custody over
nsss 80 being under u ycaFs Of age, and having
married. against bis consent
ln addition to the mass whu deeply sympathised
9Th tho young couple" who bad thus been rude.
" torn asunder, the novelty Of the case attracted
large number of members of the bar, oil Of whom
seemed eager to hear the argument in behalf of the
father, who had thus forciby set at defiance the
rights OF husband, and asserted his own author.
isy. ga
AT the appointed hour Judge Clopton took his seat,
and In short time thereafter Col. August for the
plaintiff, and Judge Crufnp for the defendant, ap
peared In court aud announced their readiness to
proceed, Mr.. Jordan having arrived with the young
bride In his custody, whose pale cheeks and liquid
! eyes as she looked upon the man to whom she had
oghted her troth denote thatd she had spent many
| hours of deep anxiety since their separation
| The court being ready 10 proceed, the Judge
called the witnesses to the book, when the
ole Rev. Philip Courtney of the Methodist Episco-
pal Church. stepped forward and was sworn.
| Mr. Courtney, stated: | know Lewis Schonberger,
l the petitioner Never saw Miss Jordan till the
night of the 21st inst but (pointing to the bride) be-
after being furnished with license to do 90 from
the Clerk Of Henrico county. The license reads
| thus:
"Henrico county. to wit:
In the Holy State of Matrimony, Lewis Schonberger
and Louisa Jordan, and for SO doing this shall be
your warrant.
Given under my hand, this Sd day of January
/ 1855. JAMES ELLEfT, U. H. y.
TO any licensed Minister of the Gospel"
Mr. Courtney, resumed: The ceremony was per
formed In accordance with the rites OF the NJ Z
Church.
Mr.. c. next exhibited the legal certificate autor
| zed by law to be returned to the Clerk, on which
| he had entered Mr.. Schonberger's age at %, and
Miss Jordan's at 81 years Mr.. C. said he asked >
his age and received as On answer, about y or %
He then asked the young lady her age. She made
no reply but answered, about the same. With
this the minister put her age at 81 years The Ger
emony said Mr.. Courtney, was performed at my
residence on Sunday night, the 2lst inst, about
O'Clock. There were two other persons present
On the Thursday night previous, Schonberger
called at NV house. and said he degired me to marry
him. / asked him where at. s. replied, here,
and remarked that he had to go about two miles 10
the country, but would return by O'CLOCK toid
him very well, that would Bit up until III oclock
He did not return that night and the next day en-
auired if any had been injured, tearing that he
had met with an accident. Before he left my house
that night, he asked me il wanted the license, 70
| which answered, "not until he was ready to be
| married" | heard no more of him until Sunday
night, when young man came to my door and said
couple was there who desired to be married, re-
marking that the gentleman was the same one tina
had called on me the Thursday night before.
then ask ed them in and performed the ceremony
When asked the ladys age, she did not answer,
but on Schonberger's replying, abou. the same as
himself put it down at 81 years, to make the
bride the Youngest. Ladies are not apt to give In
greater ages than gentlemen though in instance
| where the bridegroom said he was 2l the lady said
| might add little to her age and put 1t at %
| When the license was given me did not observe
the date, or might have asked some question con-
corning it, In one instance married couple after
the license had been procured twelve mouths. Ii
censes of this sort never get out OF date. In mos
cases they are obtained within week or ten days
of the time of marriage, and frequently on the very
day.
The evidence for the plaintiff being concluded
Judge Crump introduced the family record OF the
and By it Louisa ,as Ann Jordan
Col. August arose, and asked the Court to return
the wife to her husband on the proof that had beer
| submitted.
Judge Crump, for the defence, followed in an able
| welldiges and in genious argument of more thar
hours length. to prove that as the license hae
| been obtained by fraud and perjury, the marriage
was legal and therefore in the eye of the law nc
| marriage at ALL He quoted from the English author
tiles to show that marriage nothing than
civil contract entered into by parties authorized to
| make contract, and then commended that, the
young lady under 81 years of age and her fathe
had not been party to the contract the contract
tered into betwe en- Miss Jordan and Schonberser W
| no valid than any other contract fiaadulenty
| made. Just here MIR Elicit the Clerk of Henri CO.
came in and the Judge gave way for his evidence to
be heard
James Euen sworn-I am the Clerk of Henrico
THE license was shown him. That license was
| filled up by my deputy in my presence. On the 50
| of January gentleman calling himself Jacob B
| Hughes came into my Office and said he wanted tc
procure license for gentleman and lady present
| log the following order:
| Il do hereby authorize you to grant license fol-
me with Miss Jordan, AID to give it the bsarei
| of this LEWIS ScHoNBERGERn
| Hughes remarked that Schonberger was too much
| engaged to come himself He made oath that Miss
Henrco county. The witness behaved himself with
much propriety that had reason to suspect he
was perpetrating fraud.
Judge Cru,np. resumed. The defendant accordius
to the laws of Virginia, the proper custodian of hil
child until she arrives at the age of q years. and nc
power on earth against his consent, could deprive
| him of her services during that time. He relied
upon the act of Assembly for the strength and just
| ness of his cause.
Col. 4ugust replied in one of his happiest efforts
drawing down shouts of applause from the multitude
a. he proceeded, step by step, to show the right oil
the husband to his wife against all the world. He
relied entirely the Code of Virginia to sustain
him, and commended that the English cases cited by
Judge Crumg did not touch the one now under con.
| alteration. The marriage had been solemnized by a
minister OF the Gospel. auLhorz ed to perform the
ceremony. under license from the Clerk of Henrico,
| aud no power on earth could pronounce that mar
| fraud the law pointed out the punishment for such
cases but nowhere could it be shown that the courts
| had ever declared the marriage null and void be.
| cause the licelse had been improperly obtained H.
| That no perjury had been committed BY Hushes in
getting the license, he was prepared to establish
whenever that Should come up, for the Clerk
was not authorized to administer an oath to him.
without which authority perjury could have been
committed He then read the act of the Legislature
in regard to marriages.. and concluded by asking the
court to return the wife to the of the husband
The arguments being concluded, Judge Clopton
briefly reviewed the law touching the case, and the
facts as proved, and then declaring that the 18th
ton OF the act referred to- from declaring the
marriage null and void legazes it. 0scnrded the rife
to the husband amidst the most deafening shouts Of
exulation and rejoicing that ever heard ia court
room. -. ~
We need not add that the young couple were in
each Others arms by the time the Judges opinion.
had escaped his lips and that surrounded by hosts
riends they left the court room, rejoicing to know
that whom God hath joined together" the laws OF
their native State would not tear asunder
May the remainder of their days be days Of
ness and all their paths be those of peace Is doubt
less the prayer of thoss who have witnessed the
trying scenes through which they have just tri.
umphantly passed. .sass - -
SERIOUS Acknowledging the ringing
of the alarm bell Saturday night last gentleman
from New York, now stopping at the Exchange Ho.
tel, named J. H Hyde, seized hold of the rope OF
No engine, to with it to the fire. but In passips
down 10th street to Main fell and before he could
recover himself the engine passed both his legs
near the body, injuring them seriously, though, we
are glad to learn breaking NO bones. Mr.. H. n.