New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-02-01
LOVE AND LAW.


Fyos. The Ricas.oad Dspa.h. JIl. -.
On Saturday afternoon last, tie state court house
was densely thropged with spectators TO near the ar
pumeute ana learn the decision OF the Judge on the
Labeos corpus sued out by Lewis Sehonoerger,
young man about % years OF age, TO get possession
Of his wife Louss Ann, who hsd been forcioiy TAKEN
from bin on the morning after their marriage oy he,
father Patrick Jordan, Of Henrico, and who claimed
nareptsl custody over her-she being under II years
Of age and having married against his consent.
In ADDITION 10 the mas who deeply sympathized
with the "yourg couple, who had mus oeen sun
eny torn asunder the novelty OF the case attracted
n lafge number of members OF the bar, ali OF whom
seemed ,sg.r 10 bear the argument in behalf OF the
father who had thus forcibly set at dehiuce tue
rights of husband and asserted his own authority
Al the sppoiIfed hour Judge Clopton took his seat,
and in shor, tine thereafter, Col. August, for the
plaintiff, and Judge Crump, for the defendant, ap-
neared In Court and ammo snced their readiness 70
proceed, Mr.. Jordan having arrived with the young
bride in bis custody, whose pale cheeks and hqnld
eyes as she locked upon the man 10 whom sne n 40
ni,Lted her troth denoted that she had spent many
hours Of deep anxiety since their separation:
The COST being ready 10 proceed, the Judge called
the witnesses to the book, when the venerable Rev
Philip Courtney, Of the Methodist Episcopal CAurcu
stepped forward and was sworn
Nr Courtney stated know Lewis Schonberger
the petition tr; saw Miss Jordan ul the night
Of the 2lst init, but pointing TO the bfide believe
tbst !. the lady | performed the ceremony after be-
rg furnished with license TO do so from the CLERK
of Uenrco County. The ceremony was performed
in hccordtpcs with the rites Of tue NJ. Il. church.
MIR. c. next exhibited the legal certinc Ate au'
,bo,iy,d Inv lag. 10 be returned to the Clerk,
ON which he had entered Mr.. Schonbergefs age
at 49, and Miss JordsDs at 81 years. Mr.. u
said he asked s. his age, and receive a. an aus yer
about % or %. He then ssked the young lsdy her
age She made 10 reply, but answered, about ths
same With this the mlnister put her age at 81 years
The ceremony said Mr. Courtney, was per ormed al
my residence Sunday night the 2ist inst, aooiI
9 O'Clock There were two other persons present ga
IL 10 baFy
my house AID sold he desired me to marry hln.
ssked him where at. 5. replied, here and re-
marked that he had to go about t~o miles 10 the
country, but would return by o'clock. ! told nun
very we'll that would sit up until 10 o clock Us
did lor return that night and the next day IN
CURED If any one had been injured tearing tnat ne
bso met with an accident. Before he lett my houso
that light, he ssked me If l wanted the license, 70
which 1 aps~er-d " Not until he was ready to DO
n arried." 1 heard more of him until Sunday
night, when a young man zane TO 10Y door and SAID
d couple were there who desired to be mafrled-re.
marking that the gentleman was the same one ina.
had called on me the Thursday night before. then
asked them H. and performed the ceremony. W hen
asked the ady's aye, she did not answer; but on
Sclopbergers replying about the same a. himself,
put il down at 81 years, 70 make the bride the
youngest. Ladies not apt to give in greater ages
ihsn gentlemen though in one instance, where the
BRIDE room sad he was 81, the lady snd might add
q little 10 Der age, and put II at 20. When the IL,
cspss was given me- did not observe the date, or
mig BIT have asked some lestion concerning It. La
Cd. instance married couple after the license had
been procured twelve months. Licenses OF this sort
never get out Of date. In most cases they are OBJ
tanned within week or ten days OF the time of mar
rsge and very frequently on the very day.
The evidence fer the plaintiff being concluded,
Judge Crump Introduced the family record Of the de-
fsndant, and by it proved that Louisa Ann Jordan
was born OIL tie 25th OF September, 1896.
Col August arore and ssked the Court 10 return
the wife TO her husband the proof that had been
submitted
Judge Crump, for the defense, folio we'd 10 an able,
wen-cigested and ingenious argument OF more man
On Lours length, TO prove that, as the license had
been obtained by fraud and perjury, the marriage
Was i.Rsl and therefore, in the eye Of the law, no
marriage at oil. lie quoted from the English author
lilies to chow that marriage was netnng more than
civil contract entered into by parties authorized 70
make a contract; and then contended tnat, a. the
young lacy was under twenty one years OF age ana
her father had Lot been party to the contract the
contract entered into between MIss jordan ana
SehoI berger was no mora Nalld tnat any olne4 VVn
tI.et rsucule nty made.
The defendant according 10 The la~s oil Virgins,
is the proper custodian Of bis chld until she arrives
st the age OF t~enty' one years sad no power on EARN
against bic consent, could deprive him OF her ser
vice. curing that time. He relied upon the act OF
Assembly for the strength and dstce Of hs cause.
Col August r. piled in one OF his hsppiest efforts,
drawing down shouts OF applause from the multitude,
IS be prOceeced, sep by step, 70 show the rlght OF
The husband to his wife agslnst ali the world he
relied entirely OIL the Code Of Virginia TO sustain aim,
and eon,eI LED that the EogIsh cited by Jaige
Crupp did Tot iouch the row under Jnslfera-
,ior rhe mrTTsse had been cole nnized by a Minis
ter Of The Gospe authorized to perform tue ceremony,
under a heeIs. from the Clerk OF Henrico, and no
power On earth could pronounce thst marriage m
yad If the LICENSE Lad been obtained by fraud the
lew pointed out the punishment for such cases, but
could + be SHOWN that the courts had ever de-
csreG TIE marriage nnll and void because the lceose
had been Improperly obtained. That no perjury bad
beeu eoumitsf by Hughes in getting the license, he
was prepared 10 establish whenever inst cse shssd
come 10 for the Clerk was not authorized "a I'd.
Minister 81 oath 70 Tim, without which authority no
u.rinry could have been committed. he then read
II, se Of tue Legislature ia regard 10 marriages, and
concuce cd by asking the Court 10 re.ern the Gseto
the care Ct The husband. -,
Tie argument being concluded, Judge Cl,ptsn
briefly reyisrtd the law touching the case ana tho
facts ss proved and then declaring that the l3th Sec
ton of the referred to- far from declaring the
marriage Lll AID void legalized il arorded The rye
10 TIE kNskaEc-smio the most deafenin2 shous o.
exulfston and rejoicing that We ever heard IN Court
room.
We iced not add that the young couple were
each others arm BY the time the judges opln.oos
bad escaped bis lips and that surrousded oy 10. "
frierds, the y l.fs tie Courtroom, f9oicing As
that .tom God bath joined together tne NV "
ther native state sesld Do: eonsen' 70 'sA