Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1857-07-04
Court of Common Pleas.

5. Miller, for Bigamy. L. w. Hayne and
G. Richardson and x. W. Seymour for The
defence. j. j. Mcguire, who married tho
sister of Miller's first wife, was the prosecu
tor together With Mary C.. Alvery the un-
! fortunate victim OF the second marriage -
The case attracted much attention, as we'll
from the important points involved as from
! Its novelty, as it was asceriaiped that like
action had never been brought before i'm
any OF the courts of this distinct. Tho
! Court House was crowded at quite an early
hour and hundreds were standing without.
unable to obtain the necessary space either
for sitting or standing.
1t appeared from the testimony on tho
part of the State, and which was not denied
on the parlor The defence, that Theodore
s. Miller the prisoner ut the bar, had, at n
former period, married Miss Mary Gilbert
of Colleon district but from some cause or
other they had separated, she going back TO
her mother and he taking up his residences
in Charleston. Since the marriage of j. j.
Mcguire TO her other sister, Mrs. Miller had
lived with him, She had often expressed
determination never to live with her hus-
band again, and even desired written a.
greement releasing her from his bed and
board, and barring any claim that he mirht
have on her person or property. MS his wife.
This agreement he refused. TO enter Into.
On coming TO the city he took odpinr
with bis brotherin law, Mr.. Bunch, who
married his sister, and it was here that he
first met the victim of his caprces, Mary
G. Alvery. II appears that they were
frequently thrown together, and she being
OF rather ii romantic turn Of mind con
geniality of feeling and sentiment led to the
development of tender passion, which was
finally consummated in the unfortunate
farce which brought the prisoner to the bar.
The intimacy was observed by Mrs. Bunch,
the sister Of the prisoner, and she apprized
Miss A!verey that her brother was married
man and had wife living
Her father who was Spaniard, but who
had been in this country for thirty wears.
had brought up his daughter with great
care. scarcely ever allowing her to be out
OF bis sight, II seems that he was not A.
ware Of the attachment that existed be-
tween MIR. Miller and his daughter always
having heard him spoken of as married
man. Mr. Alverey and his daughteralso re-
sided with the family of MIR. Bunch.
1t appears that Mr. Averey had no sus-
pcions of the designs of Mr.. Miller and his
7 daughter until the day when the nuptas
were con>umated when he was informed bv
some Of the family.
They were privately married, no person
being present but the parson, who perform
ed the ceremony, the bride rema,king that
she was quite romantic young lady, and
preferred doing things in noveland roman
TIC way. 1t lLappears that she went directly
home after The ceremony, by herself and
! was repnmanded If not punished by her
father and he'd never been permitted 10 live
with him up to the day of his trial
Both the marriages being proven 10 the
satisfaction of the court The defence inoe-
nously directed their efforts TO the conside
ration Of the facts which would 90 in miti
| CATION Of punishment. Tile defence refer
red 70 previous decisions to prove that the
smallest acknowledgement on The part Of the
husband that a woman was his wife was
sufficient to establish the fact against him
at law lthad also been ruled that the sub
scquent exercises of marital rights was not
necessary TO render the contract binding in
law No particular ceremony is prescribed
by law in this country, and marriage is re-
garded merely in the light of civil contract,
wis San BE entered i4so ~ consens of par
ties before witnesses, by a simple mutual
recognition and acknowledgment
The Attorney General was assisted by C.
Richardson Mlrs,. Esq, who opened for the
State in lucid and logica! argument, stat
| ing the facts and the law as applicable
thereto He was followed by r. w. Sew.
mour, Esq, for the defence, who made one
ot his warm and eloquent appeals TO the
jury, for which he is so distinguished. He
managed his points OF the case with much
tact and ingenuity, and proved his power
over the feelings and passions of the human
healt, Il ID. Richardson, Esq, followed.
for the defence, in close, well conceived
and logical argument, in which he evident
ly did the lest for his client that the law
and the evidence would admit. Attorney
General /. w. Hayne closed for the State
The charge of fIis Honor Judge Glover,
vas clear, brief and comprehensive, sum.
ming up the law and the evidence. and pre-
senIjng them for thc consideration of the
jury; who retired, and after short consul.
talion, returned @itha verdict of gully,
with recommendation of the prisoner to
the clemenoy of the Court. The crime of
bigamy is one TO which our law allows the
benefit of clergy for the first offence, the
punishment being fine and imprisonment.
Charleston Ne,Os, 2oM.
A waggish fellow, somewhat troubled
will an imPediment IN his speech, while one
day sitting at public table, had occasion TO
use a pepper box, AfIer shaEino Il ,,;,L