Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-07-10

admitted. and is to be considered by the jury
1or the single pm -pos" OF 'butting any sup
Rosed marr,ng. between the said Eiizsoe.n
riage as testified to by Rev. Father Mcguire,
and the said testimony is not competent TO
affect the paternity OF the petitioner, Emily r.
ness, Elizabeth Brown, in her statements
touching the paternity Of said Emily +.
Sd. II the jury find from the evidence afore-
said that there never was any inter -marriage
between the said Tillotson Brown and Eliza
beth Brown until the marriage celebrated by
petent for the jury, upon the issue touching the
paternity OF Emily Z. Wiley, to consider the
evidence introduced relating TO the. child
Georgiana, the deceased child of the witness,
Elizabeth Brown, nor to consider anyevdence
touching the alleged immoral conduct of said
elizabeth Brown, so far as said conduct was
subsequent to the birth Of Emily T. Wiley.
MIR. Bradley, for the estate, offered the fol-
lowing;
oil, from the whole evidence aforesaid, the
jury shall find that Elizabeth Brown. the
mother of Emily Wiley, had sexual intercourse
with any man other than Tillotson =. Brown
about the time the said Emily was begotten. the
said Elizabeth is not COMPETENT Titness to prove
that the said Tillotson p. Brown is the rather
of said Emily. 49,
I'd. And If, from the whole evidence, the jury
ahall find that the said Emily was born on the
3Ist OF March, 1885, that the acquaintance and
intercourse between the said Elizabeth Brown
and Tillotson =. Brown began fourteen months
before the birth of said Emily and continued
between two and three months, was then inter-
rupted and not renewed for more than three
months, then the presumption of law and fact
is that the said Tiilotson p. Brown is not the
father of said Emily. The usual period of
CESSATION in woman is nine calender mon tbs,
and although IL may be protraeted for a whole
month, the law presumes, in the absence of
proof to show that she could not have had
access to another man, that a child born out of
that period OF time is a spurious child.
Sd. The statute by which a child born before
wedlock is legitimated by the subsequentmar-
riage Of the parents and in acknowledgment by
the putatiye father, Is in derogation of the COM
mon law, and is to be construed strictly. 1t
alters the course of descent, affects titles to
property, and interferes with the settled law
OF marriage, which Is deemed of great public
policy and material to the due administration
of an estate.
The law requires three things to exist in
com animation, and without these three things it
does net apply:
First. The child must be the child of the
putative father. Unless the Jury, from the
whole evidence, shall find that Emily f. Wi
ley was begotten by Tillotson p. Brown on the
body of Elizabeth Brown, the statute does not
apply, and she is illegitimats and the Jury must
hnt against her claims.
Second. The marriage of Tillotson p. Browa
with Elizabeth Brown in the year 1852 mora
than twenty Years after the birth of the said
Emily, is a fact TOR the Jury to find or not upon
the evidence. No license for such marriage
has been given in evidence. and il appears to
have been kept secret and without any memo
priest, during the lifetime CT Mr. Brown: no
certificate thereof was given by the officiating
priest, and no reason is assigned for such Sc
cresy other than the tact, as the priest sup
poses, that it was to avoid scandal. The object
OF the statute referred to in the former instruc-
ton was TO prevent scandal and TO put the
PAL ties and the offspring of their Illicit con-
nexion into the full possession of the right of
citizenship. 1t is settled law in this District
that if man shall marry woman under q
promise and agreement that the marriage shall
Is
void. There Is no direct proof of such promise
and agreement. But all the facts in evidence
before the jury are to be weighed by them.
and If they shall find that the said marriage
was by agreement between the parties to be
kept secret indefinitely, and was in fact kept
secret by them during the Joint lives of the
parties, 1t is VOID and no marriage.
Third The statute requires further that after
the birth of the child, and the subsequent mar
rage OF the parents, the father shall acknowI-
edge the child as his own.
Inc acknowledgment must be after the mar
rage. NO evidence of his recognition of the
child as his, anterior to the actual marriage,
according to established law, can avail to legi-
tlmate the child, and all such evidence as has
been received on the trial of the cause is ex-
elusive from the jury, so far as the question of
acknowledgement under this statue TO legitimate
child born before the marriage.
Inc evidence is before the jury on another
branch OF the case, to-wit: The question OF
marriage existing by agreement OF parties, mu-
tuai recognition by the parties, their reception
by and commerce with the world as man and
WIFE, and their recognition of children born
curing such state of cohabitation. But such
evidence is inadmissb for the purpose of
proving an acknowledgement by the father to
legitimate under this statute q child born before
the marriage OF the father with the mother
Such evidence must be confined to the acts
and declarations of the father subsequent to
the marriage, and the Court instructs the Jury
On THIS point to discard and reject all acts and
declarations of said Tillotson F. Brown anfe-
rior to said marriage
The Court further instructs that such acts
II Qf ara tim
ocal as to erctut}e all but one inferDrefrtjor IF
ms acts and declarations were contradictory
or II they were OF that nature and kikd thtlt
tHey could have been as reasonably used or
applied towards an adopted child: or if he has
either declared that she was not his child, or
used language or done acts which fairly in
teTpTeted, meant that she is not his child this
Is not such proof OF acknowledgment as was
Intended by the trainers OF this statute, and is
not satisfaction OF It's requisites, and from
such acts and declarations it is not competent
ior NE Jury TO find an acknowledgment under
this statute
The argument on them was commenced nv
the counsel, the several prayers being con-
sidered SeTidtiH.
LATEST CONTEMPORARIES Moz-
EY MARKET-Furnishedb by Lewis johnson h
Co., Bankers.
Buying. Selling.
o. s. Coupon Bonds, 1881 ......la5X 1857
y. =. 2us ........... par
Quartermastsrs' Checks. 90 -
N N CeIuHcass. ................9oh
american Gold. ACKNOWLEDGEMENTS
<Aueiicaii SuFeT.. i20
NEW YORK RATES. CLOCK PM
Coupon 6's, 1881, loo; 7-3O's, 1869; New Ger
uhcates OF Indebtedness, 957s; Gold, l3lA.
ARRESTS IN PRINCE GEORGES COUNTY,
Yesterday, Mr.. Worthington and Cortee
airing, were sent to the city under quad
Wortnlngton was arrested for Furnishing one of
ms slaves, by some soldiers, who demanded
that he should desst, and when ne refused. he
was arrested. Warning is O son of DR. John H