New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-24

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90 % ssv !, ,hs corr Arsiou nat she said 10 me u 3
this marriage wss oue Of her own free choice ana ne
will arc that the defendant hss used no mesos Sn"'
\ an honcrsbe lever would not use Under any cream
stances ard feel II my further duty to ssy tns 10 W.
hIerrcuse of my LIE i have met with bat lev isaie'
h 80 much iutellis ence. 80 much decacy OF feehog
~ rvopriety and Geuesror, and with 80 deep sen-e
~ = duties che owed 10 her parents snt the duiss
re ou.ed 10 htv own free chosen husbSnd and i Is
bs. o., ic, between those duties which has given heI
a. nsin .pd an1iev anc the AGITATION which hss been
.nSsd ~. and II haS been an effort on Der pArt, 20 f
a. have bten able 10 discover 10 resoDcae me shec'
ticn low Al duty wnea she has eit she Owed Ia her
,ts 10 N ~ other ssa hig Ser duty which she does
80 ard whici, ste feels she owes TO the msa
,he has chos N as partner ilr lie.
WAS for the purpose OF informing myself a. 70 ~ns'
di.rosiion should be ade o. he case n she were re-
grained Of her beyty that tLese interviews were had
for the psrpose OF informing myself also from
nv oxn persora Observation az 10 the CORRECTNESS 0,
the allegation as 10 her unsoundness OF mad, ana
whether ,his marriage had been contracted by re> IN
of any force used upon her, or sny irsod pracioei
upop her ard not relying So ougt- not 10 do IN case
OF such moment 81 this UPON the Impressions which
should he u sde upon nv own mind cared 10 nv
aid with the consent of the counsel OF ootf parties,
ard feel il my duty to say here ths' so far IS any
hing has fallen under my own observation every
thing has been conducted by counsel with the
highest degree ct professional rpectsoty ana propr
EVIL ssy called TO my aid three Of the most dstia
su shed physicians whom supposed moss compete nj
ar frequent interviews TO arrive At satisfactory ecu
cuson Of both these points The report Of that Cors
mission bss been read and is not Necessary Tor me 10
aid any NJ 81 the cha tiers OF the genilemen Toe.
are well known their opirions must carry entire weight
and entire confidence 10 the minds Of every one who is
conversnt with the standing professional experience
snd ong observation in cssts of this pecuisr character
of the gentlemen who have favored me with then sd
vice. The law of the land rscognihes marriage solely
snd simply as civil contract Both of these contract
ing parties the defendant and Miss Boxer are OF law
ul see. have nothing, sitting here TO administer tbe
sv 10 do with the religion of either OF the psrtes thai
ia matter that they are accountable Tor emily 10 ther
eator and rot 10 any human tribunsh am not
here to criticize the rituals observsnces OF any psr
tcusr church il s enough for me To know that these
parties were Of lawful age, capable OF entering INTO and
making the civil contract OF msrriage teacn were
of sound mnd-if force or fraud WAS practiced upon
either 4, is legal and valid marrs,e, without any
reference 10 the condition in society or the wealth,
or the advantages or disadvantages OF either OF
them. In the eyes OF tie Isw tney s'anu
on an entire equality and all are capable of making
contracts f.tbere is legal disqusicsion; and tbs
Court sitting now in this matter, has nothing TO DO
with the wisdom or choice OF either OF these parties
This Court has DO power 10 select husband for the
one OF wife for the other; that matter dependent
upon their own tastes their own voton, their oxn
c. nsent and with which no human being, In my Jcdg
usnt has right to interfere. They hsve duties
which they eve TO society but they and they alone
are responsible for the choice which they have made
and the manner in which these dutie. shall be dis
chsrgtd. As | remarked before, the only ground OF
jurisdiction upon which this Court could entertain this
csse aud retain this junction Is this ss the party
the daughter of this plaintiff who seeks the lnteTven-
ton of this Courtwas she of sound mind at the time
of contracting this marriage Now the evidence upon
this subject, to my mind, admis OF no doubt at a-no
reasonable doubt-indeed, | have none from my own
interviews with her. from the conversation have had
with her and have more from the testimony OF the
eminent pi yscisns whose advice | have received
And notwhstar ding the impressions which were sug-
eested when this matter first sgtaed before this
Court think the friends of the lady will themselves
be satisfied that, though che may have formed
a match not cODsonaLt with their tastes or
views set, in the eye Of the law she WAS OF sound
mud and capable OF making this contract and II IS
contract which is biz dir upon her in this State. This
is the only question before me in reference to this
branch OF the case. Now, in reference - the other,
the right maintain action unIAr the 3st section,
the ground that this marriage was procured by orce
OF faud il manifest from the construction
of the taues that il must be force used by the party
who has procured the marriage or 1t there N fraud,
must be fraud which he practises upon the psrty who
he Lveiged into Ibe marriage. Ii must be force sp-
Piled TO her, and fraud pfactlstd upon her, because
tie contract Is sought t. be voided upon one or
the other of these grounds. Having disposed
of the first ground that the party was of legal age
and of und mind and capable of entering into and
forming and making contract the only question now
remaining is whether the party who seeks to establish
that contract has been guilty Of any force upon tho
other party OF the contract which in the eye OF the law
OF sny fraud in the eye of the law, which would have
the same eject Now TO the matter of force there
is no allegat pretense that there was any used
ard il Is sufficient TO dispose Of that point by saying
that there IL allegation tina, any force was used 10
induce this lady 10 enter into this contract As 10 the
auction of fraud il seems 70 me that II stands on
very slight oundation-tOO slight, indeed, Tor me
10 cit here and void contract upon that ground,
especially when il il taken In connection with the
sfidsyifiof the Rev. Mr.. Hatfield who says that when
the party came there him he represented himself TO
be John Dean; but even II there WA trald pracuced
upon MIR IIsifeld, that would not be sufficient. Ii
must be fraud prac'lced upon The party herself VINO,
by reason that fraud induced 10 enter into that
contract Now there is not the slightest particle of
evidence that Miss Boxer or Mrs. Dean was induced
by any fraud his part 70 enter into thus contract
Therefore, whatever Mr.. Dean may have said to the
CLERGYMAN, or whatever any friend of his may have
raio is not material unless it is brought home az
fraud prscticed upon her. As remarked before, there
is pieteDse that any fraud was pracuced upon her
at al-no force used against her. In my Judg meof,
therefore, the whole ground OF The plaintiff case fails;
and must therefore, order the injunction 70 De set
aside.
Before concluding, / should Ike that the gentlemen
should make some suggestion by which the expenses
which have been incurred in this proceeding may be
discharged.
Mr. Spencer-If you will send the bills to my office,
Nv II give cheek for the whole amount.
Mr.. Dean was Immediately congratulated by his
friends and Others after which he left the Court room
in company with his counsel, followed by large
crowd.
After the adjournment, Harry Bertbolf, the we'll
known officer OF the Court, charged with serving
on M Boxer the order of Judge Davies, requiring
BIN to deliver up Ii person of bis daughter TO her law
full husband Mr. Bertbof proceeded to the residence
OF Mr. Boxer in carrisgs about o'clock p III, and
having exhibited bis warrant from the Court, informed
- I'D Co. he Of
ing Mis. Dean to the presence Of her husband. OF
course the various members Of the family were deeply
distressed at prospect Of id mediate sep aon from
ma w xife .rareI erer+nns 10 perarade her