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

ICE, sPpess 70 IRE 70 De yery serlors question a.
| vii chow ~ some cases, although an swase Il ey
have re'ereIce to Erg.h marriage but il sppsa. ~
me they carry win them weight which to sone extent
AZ Iea> opghi TO be respected in this case would
suppose ihs; I would sffke the mind OF the Court tha,
This yCuI wouIFa freely and voluntarily married
u n man. che vocld have Solo wed his for unes bat
viii 10 al bo after she left Der fathers house when
that marriage took place. she in the house 10 Der
pstt crsss and by her mothers sice. ThI al Of the
ms-ed life between thee parties DO b. this tn@ but
vha.msy he TIE married life Of these srties Il they are
~ he together requires prophet 10 say four Honor
will zee ths the religion Of the pa,'ies is mentioned,
and mentioned IN connection With the Legal points
| tbs. might depend UPON 1t. This marriage has rot
her corsumma;ed. This man in Catholic cocx'ry
taf he property and should he die before cohsbtstOa
this won az would not then De his widow. II a. IN
cersard il there should not be that cohabitston with
out putting the AT have there stH comes the
question whether in the eye of bis Church there s the
| marriage.
rules and regulations OF sby Church. sit here to sd
u mister TIE law Of the State without reference to
Church regulstons, rituals or observ snoes.
Mr.. EcsTds-l suppose that this, coupled with
question OF fraud IN regard 70 the marriage. might be
OF importance. II not, will leave it Bat con;der
the question OF the ane as of great importance "a well
in tie present future time and il i. important that
relations msy be their guard. Agsn, where
marty : msrTed under dsgu sed name il Is tasen
utsunptiyey sgsnst bin, that there some sinister
n,e,iye in IT, unless the fsct is explained away.
M Srencer-Mr. RobinfoD, VITO sts near me sug-
rtsis ths the mistake Of the name wac very natural
che.
Mr. Robirson-As my name has been menti ned by
Nj Spencer, perhaps it will be well for me to explain.
I understand the gentleman nsme to be Deehsn. The
II would be apt be dropped in the rapidly OF Aneli-
can pi or unCistion and il would become Dean.
Nj. Edssrds-The gentlenans suggestion, who hss
yolunts ered biz services does not quite meet the Gaze
Mr. Spencsr-He is only one OF thousand volun'
teers who sre ready to serve Us
Mr. Edwsrds-I know the character of your volun'
teers well enough.
NJ Robiuton-I think my chsrscter viii stsnd quite
as high as that OF the gentleman happen to be- a
member Of the bar pract ing In this Court
Mr. Edwards proceeded to cite some cases in which
il vas decided when the nsmes OF parties were vatlsd
that the msrrsees should be annuled He continued:
{ am anxious if your Honor plesse, TO do my duty
here and to catch at everything that can In order TO
stsy this matter al this stsge of It, because something
Ell ] NAV be done without doing Dusuce an nefe
if your Honor peases IN two capacues-as counsel Oh
MI Be ker and as his personal friend Tor many years
sm council for one of our most eetimaole citizens
fstter who has done his du'y by all his children ana
If there child more than another thst Ne oVed
il wss the youpgest-the one now before tne
Court. And be has made up his mind TO 90 nus
outy although this poor unfortunate girl cannot see
what parents duties are and perhaps what enid
dutie. are, and he viii cling to Der until the las shall
take his hand from her wrist And let 1t not De sup
poeed that, because of his position IN thus com
Inuuty, Mr.. B1ker scorns men beneath hun. lie
knows no distinction in regard TO sphere In life.
Had = clerk ip his employ become attached to any
daughter OF bis and had shown himself worthy OF that
daughter be would have been the LAST man TO have
spufued him away. Bat when he finds man acting
thus tow ara Young and gentle woman, whom he saw
every day in sickness and after he was discharged
fom service account Of his candestne interviews,
and he purues that family 10 this CITY and steals thst
daughter from the house he says aud sustain NO IN
IL that that is not Il man to have IA menoer oil DIS
family. ore word with regard to this daughter. We
have heretofore gone upon the idea that III young
lacy he'd some unfortunate maady in the direction
which have auced to- Whatever may be the IL
pIessops of this family, whatever may be their anxiety
Ard their determination not TO lay all this unhappness
before the Court for God knows this family nave had
cruelty enough through the newspapers and otherwise
yet nssmuch as your Honor, through the comnis
son Issued by yourself has thrown out the suggestion
that che il of sane mind, have now TO consder that
So And in regard TO her future tar the
family is concerned, the door is opened. she mas
made her bed and if she finds any thorns in the PHI
low they are of the tree she planted. Ii she beeds,
che must remember thar.
Ar the conclusion of bis speech Mr. Edwards returned
thapkr Judge Davies 10 behat oi his cent tor Tue
hind and delicate manner in which he had scteu In ILLS
matter.
NJ Spenoer-Iti s under foe section Of the Revised
giving authority to the relation OF al assumed
lunatc 10 suit that this suit has been com
m,nced by Mr. Boxer. Within the last tive minutes
the counsel has admitted that for the purposes of this
argument she 10 be regarded ~ sane. WhaI,
then the of the argument if this cause is only
brought by Mr. BE ker on the ground OF her assumed
insanity TIE only question | spprehend 10 thl': Il
She sane If upon the papers presented 10 the Court
it appears that The sane, then thls Injunction must De
dissolved. Mr.. Dean alleges that che Is sane. MT
b ker es not deny the allegation that be admitted TO
Capt, Mckee anu myself that she wss perfectly sane
except that she was morally insane with 70
gard 10 this young man. as ooe oil the puo
tic prints has said, that moral insanity IA,
been spun out into very fine thread OF late but
have yet To learn that the monomania of love Is sat
Gent cause for the dissolution Of marriage. This ale
gstion of insanity then contend, If your Honor please
is eilectusly disposed OF by the statement Oh Dean,
and by tie report of the comml sion. Then, with
reerer &c 10 the question OF fraud on that point they
have introduced the affidavit of the Rev Mr.. Hatfield
The gentleman SAYS the first place, that there wa
fall PRESERVATION But DO. wss there false persons
ton 4! Does not Mr.. Hatfield say that 1t was John
De tan who made the application to him., and that he
married this person as John Dean Is there any pre-,
tegse that the persOn who comes INTO TINS Court ana
reel is this application for Injunction Is not the party
who married this yourg LADY, That branch OF tbs
argument is unworthy Of tie confederation OF tlis
Court and it is efec,uslly disposed OF oy Mr. hahels
affidavit. Tbs, is the iorlorn hope -, when
they clurg 10, as drowning man VIII ca'ch
at :traws but the fraud spoken of in the ssute must
be fraud between the parties who CONTRACT Was
there any fraud between Mr.. Dean and Mss Boxer
If friend of Desns told Mr. HATFIELD that enc was
strva1t girl and che did 20 there IN calico dress,
that fraud What difference does 1t make WINS:
fer nee does il make whether che was servAntgrl
or Fifth avenue LADY, She had 10 make the same
promises sud TO 90 through the same iofs Auu mere
II DO LTeteDse anywhere tua. my - rI.e-fI
toweid Mrs Boxer; though becau'e MI ha'neai
when he returned 10 the kitchen cav her hand caped
in his they attempt 20 dstor that into evidence OF vo-
,uce on Bic pBrt toward bis wife. And can there be
any more falacous reasoning than because the ll,h
spell the name With an 10 it, that therefore there was
audi The gentleman asks why tnls lsdy d;d no' 20
with her husband after the marriage can tell him the
cause. 1t was because Mr. Dean, though poor man'
vss an honorable msn-though, according TO the gen
temans Eng sh ideas an lrisbma1 csnn)t possibly DC
Ont
Mr. Eiwards-If the Court please this language IL