The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-06-02
[ From The Planters, Adrocatc.

From the Planters AduOcatc.l
The CRAUFURD-BLACKBURN CASE-THE MARRIAGE
LAWS OF MARYLAND.-This important lawsuit, in
volving the administration upon the estate of the
late DR.. David Craufurd between George I. Crau-
furd and Richard S. Blackburn, the progress of
which, at Port Tobacco, we noticed the other week.
was terminated Saturday morning last bv
verdict for defendant. The testimony was closed
on both sides on the Monday previous, and from
that time until Friday at O'Clock, P. NJ, the iurv
listened to the speeches of the counsel.
Prior to the commencement of the argument be-
fore the jury, however, the law points involved
touching chiefly the doctrine of marriage in this
State, came up upon prayers to the Court offered
by both sides All agreed that if the jury should
find from the evidence that marriage had been
celebrated by clergyman, the verdict must be for
the plantitf and that if they should find from the
evidence that the intercourse of the parties alleged
to have been married. illicit, the verdict would
be for defendant. Prayers embodying these prop
ositons were admitted and one was granted to
the effect that the n-prOcurement of license
did not invalidate the marriage The point of diff
hcuty was as to what is the law of marriage, inde
pendently of its being contracted in the face of the
church-cOuld valid marriage be made in this
State by mere consent and cohabtation, as at COM
mon law? The prayer of the plaintiff to the
effect that if the jury should find that the parties
agreed to live together and wife, cohabited,
had children, acknowled themselves to be man and
wife, &c, &C., marriage could be inferred, not
wlthstandlng no ceremony were proven. The de-
fendants prayer negatived the idea of there being
any valid marriage in this State except where per-
formed by clergyman. or some person authorized
in the Act of Assembly to solemnize it. This point
was argued at great length His Honor, Judge
Grain, reviewed the arguments and authorities at
considerable length, and decided the matter in sub
stance follows:
''That to constitute a valid marriage in Mary
land, it is not necessary for the marriage ceremony
| to be celebrated by persons in canonicas 1t is
| only necessary to prove that the contract of
rage as entered into by the man and woman in
the presence OF witnesses and that they used
| emony of Napha per uerbo de prcsenti That it is
civil contract and according to the common law,
the contract OF marriage is valid and binding if es-
tablshed by evidence that it had been entered into
by the parties to operate marriage and follow
ed by cohabitation. That license was necessary
to the Cdtidity of the marriage. That although the
act OF III imposed penalties upon all persons who
| should undertake to celebrate marriage, except
cergymen, &c., as therein mentioned, still the Gel
ebratOn of a marriage contrary to that act would
only subject the parties concerned to penalty, but
would not render the marriage roid. The only uOid
marriages, under that act, were those within the
| prohibited degrees"
The point, therefore, settled in favor of the
plantitl-the prayers of his counsel being granted
| and those of the defendant rejected. Exceptions
were taken by the counsel, during the trial, upon
which the will go to the Court of Appeals If
it should be affirmed there, it will settle the right
| Of administration in favor of DR.. Blackburn-leav-
lnS IHc bll'e W lle properly SUN SUBJECT 10
| tiOn.
! OuR Country DlsGRACED SICMY.-Letters from
! Italy, received by the steamer Arabia, report that
| Mr. Henry II. Barstow, the American consul at
Palermo, has been guilty of an act of peridy which
! will forever brand him with intamy. This msre-
| preventative of land of liberty was instrumental
| in betraying Father Ottavio LAMA, one of the no.
blest and purest of patriots into the hands of the
| agents Of the vest and most tyTannical despotsm
| on the globe. The accounts state that on the llth
nf Anpil arfIa cd tba pf
the arrest of Father LAMA, by American intevven-
on, ,on board merchant vessel bearing the 'stripes
| and stars and that the act committed by the
| agency of Mr.. BarstOw, the American consul
| The diplomatic corps at Palermo have refused to
| hold any further communication with this traitor
against humanity-this alder and abettor of the
| despotism of the second Bomba, who thus prosti-
tutes his Official position. 1t One-quarter part of
the stories reported about this Barstow are true,
he should be at once dismissed from the service of
free republic, and suffer the official, as well the
| social, disgrace awarded to renegades. Boston
| Transcript, May 30.
King AND WooDs, THE PUGrLrsrs, AGAIN-The
sporting fraternity will be glad to hear that John
| Woods and George King are to have a set-to with
in three months, for 81 900 a side. The two pugs
met in a fancy house up town, the night after their
| "hzzle," and had some hard words. The quarrel
nearly resulted in Toug nd,tumbe fight, on the
| spot, but this was prevented by mutual friends.
| 1t was then proposed that several carriages be
| hired, and small party go out to Kings Bridge,
| where the two men could fight out the matter,
| fearless of interference Neither could agree to
| this, and finally it was decided that to the 500
each had put up 5000 be added and that grand
| "mill' for a sum worth fighting for should come
of, as soon as the parties could be got in cOndi-
| tiOn. The few who knew of this arrangement de-
termined to keep it quiet, but they must remember
| that sometimes even stone walls have ears.-N Y.
! Erpress
THE LATE CoUNr SzEcnENYG AND HIS CoRpsE.-In
| will drawn up by the late Count Stephen Szech-
eny in 1888, is the following singular passage: 81
| wish my body, if possible to be taken to England
country in which have learned so much in
der that it may there be dissected. Ny reason for
wishing this is, that my example may tend to
diminish the dislike which is felt by the English
to the dissection of the bodies of their relatives.
| In WILL drawn up in lS4l, Szechenyi expresses a
| hope that if ever Walhalla should be constructed
| in Hungary, its founders will give his remains
place in it, as reward "for his good intentions
towards the land which gave him birth.
InIsH EMrGRArroN.-The Munster (Ireland) Ne,es,
| OF May 9th, says: "ln one day of the past week,
twelve American letters received in the post
| Office of one parish of West Clare. The letters
contained remittances of money sent by relatives
to pay the passages of residents of the parish; and
| since Patrick's day last, one hundred of the
best of the people in that single parish have left
for America This will afford an idea of the emil
| grafton"
Crops appear to be doing well in most of the
| Southern States, an some varieties are fast ap-
preaching maturity. Corn is large enough for the
table in some places, and wheat is beginning to
| ripen. The accounts in regard to both corn and
| cotton are good, with occasional exceptions. The
most complaint respecting the crops comes from
Virginia and Kentucky, where insects are doing
much harm.
A committee, appointed by merchants and other
citizens of New Bedford offer several rewards,
amountin in all to 81, 800, for the best stand and
| portable hand-lamps, designed for the burning of
| whale oil. The lamps offered for premiums must be
| submitted by the inventors proprietors to the
committee at New Bedford before the 30th of Au-
| gust next.
The cattle disease now raging in Eastern Massa-
chusetts prevailed in England from l744 to l755.-
In Nottinghamshire 40, 900 head of cattle died in
| six months in Cheshire 80 000 During the third
year of the disease, fl350O0 were paid out of the
| public treasury a recompense for slaughtered
cattle. In 1857, in forty-three villages in Holland,
| $4,000 head of cattle died or were killed.
The first paper mill in Minnesota is to be estab-
lished at the Falls of ST. Anthony, the great water
power there rendering it a most eligible location.
Over fifty tons OF common printing Gaper are used
for the new mill has already arrived.
The citizens of St. Mary's county exercised
on the oyster question. meeting Is called at
| LeonardtOwn, on Wednesday next, to devise some
| means to prevent parties taking out land warrants
securing lots covered by water, and containing the
best oyster beds in that section.
A cattle drover, named C. W. Curtis. brought
| into St. Louis last Saturday about 81 900 of
| gold dust from Denver. 1t was part of the pro-
ceeds of drove of 700 cattle, which he with
! six hands drove to Denver from Fort Belknap,
| Texas.
The Americans in Minititan have signed pc
| tition to United States Consul Allen, asking him
to all his influence to have United States
military force sent to that place to protect Ameri
! can interests.
Boston is. .gorged with beef and veal at low prices.
The fear of the spread of the cattle disease sup
| posed to have Occasioned general slaughter OF
! calves, and such cattle in a condition Tor
! market.
There will be an election in Oregon, on Monday,
June 4th for the Legislature, a member OF Con,
oress and local officers. A warm contest Is looked
for as two United States Senators are to be chosen
| by the Legislature.
The Richmond Enquirer thinks that the Rich
| mond Convention of the llth of this month will ad-
journ over and await the final action of the Balti-
more Convention.
Mr.. Albert Howe, the agent of the steamer City
of Norfolk, seized in New York on Wednesday on
suspicion of being a slaver is out in card, deny
ing the charges, and invites examination.
, In Washington county, Pa, few days ago,