The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-03-17

TIT rcInefnDra1es 81 pd1b IL 70 1AN thp
more paiafi facts Of the case moved her to
emotion. The second wife was tall, indie
pendsnt woman, Of the usual type Of the
Tennessee countrywoman. She was plainly
dressed, and bad on the usual sun bonnet.
Her appearance is interesting and attrac-
tive; she ia evidently full Of spirit, but
thoroughly aud pleasingly womsnly. Her
age is probably twenty FIVE. She gave in
her evidence with great 6rmness, but at
one point softer feelings prevailed, and
tears, burning and bitter, showed how
deeply every chord in her womsniy heart
was touched at the deep wrong she hsd
suffered.
Wa. Brien, Esq, appeared for the State,
and Judge Turner for the defendant. Mr..
Brien called, as the first witness, Marshal
Chumbley, who stated:
I never ssw Roberts until yesterday, 70
know him, then I arrested him, when be
stated TO me that he was married. Judge
Turner here asked the witnes whether this
was after the arrest; the witness answered:
Yes, and no threats were made or induce
ments held out 10 lead him confess anything,
YES talking with him in the other room.
Il was his voluntary declaration. His wife
came TO my house yesterday and desired
me 70 take hun up. Judge Turner objected
tb8t this was secondary evidence. A GER
tifcate OF marriage ought first 10 be intro
dueed, OF falling 70 do 90, The cause of the
failure must be shown. The objection was
waved and the witness confined: The de-
fendant, whep we were, l think, alone, told
I.
in England, they came 10 this country, but
did not get along together we'll; they part
ed from each other time or two. The last
time she went away herself, and said she
would 20 back 20 England. He said he
Thoughts she bad gene back, as he had not
seen her for FIVE or six years. he came ~
sumner county and thought he should
never hear any more OF his first wife, and
married sgain. lie said he had lived in
Missouri, Indiana, and kentucky. Hehad
not heard from his frst wife for i've or six
years.
Cross E1aalinc4 II do net bslive heard
him and her talk tog 1thor. She told me hs
was her husband aud / arrested him.
think he said he had lived in Missouri, In
diana, aud Kentucky, and came from Ken
ulcky TO this state. 1 think he said be haC
l been in this State year and half. H'
Il
/ We or six years; that when be last saw bel
/ she. said she was going 70 England; h'
/ thought she had done 80 and would never
} come back, that was why he had never APP
I piled for . divorce.
The second wife, in reply to a question
I here, said / am married 70 Mr.. Roberts.
The first wife, on being intsrrogsted
stated came here from Missouri, where
I / have lived six years Iny name is Eliza
! Roberts.
At this point Judge Turner objected tc
either one or the other of the two women
being brought forward to testify-that both
claim ed % be the wife Of the defendant
There was some laughter among the audi
ence when the Judge objected TO each one
Of the women becoming Witnesses, on the
ground that the law does not admit the evi.
denco Of wife where the husband is G
paTty.} One Of tho two was competent, the
one which was not wife, bitt l0hich l0as IL,
ona III the Court could dec ide marriage
void, u could decree a divorce. Marriage
certificates, or ia their absence, deelara-
tions, or acknowledgement upon the CUES.
ton, we're wanted. AIR. Brien claimed thai
Judge Turner having shown, by question
that he hsd put, that the defendant wa,
married 20 the second wife, the first wife
was ompetent 20 give her evidence, but he
objects = her also; such a proceeding II
afsurd.e The Recorder said man can have
but one wife; when he claims one Of the
women as his wife he cannot then claim the
other Brigham Young might do 90, but
not with the permission of the laws Of Ten
nessee. Mr. Brien was then proceeding Il
make wiEness OF tlfe fret wife. Judge
Turner objected; that as he had shown by
his question that she was married to him in
England, he could not introduce her testi-
4 mony. The Recorder observed But one
I OF them is q competent witness. Judge
/ Turner agreed: Yes, cir, 6Rf UkieA Mr.
Brieu objected to such strict applications o.
the rules Of evidence in q preliminary eX-
animation. After some further efforts e
escape from the (" dead lock" in which
Judge Turner held the investigation, that
gentleman agreed that the evidence OF
the second wife should bs taken, but sbso-
! luiely objected g shy questioning Of the
i Grst. This was done, and she deposed
Mr.. Roberts and myself we're married on
1 the sth Of Nay last; We lived one month
! with niy mother, we then came to tbil
town.. aud have been living at the Medical
| College. We were married by Parson
/ Esckle. THE witness thea mentioned the
uurnes Of eight or ten persons who were
present at the wedding
Cross E-asatzed On Sunday last thi,
lady. THE first wife, came to our house
/ let her in when she knocked she asked
\ for Mr.. Roberts on entering she walked
up % him, and wanted to kiss him hc
pushed her of; che said, Do you no
/ know me2"; he answered, alt is none o.
4 your business whether l do or not she
( said. al am your wife" he said, " foJ
4 have been living with me ss my house
4 keeper;" she then stated that she had
! been his wife for eighteen yesrs, think i
was eighteen wears she said The hrs
/ time she came she had not her children
4 with her the second time she brought
them. when Mr. Roberts said he did no
/ know whether the CHILDREN we're his or not
T There was an English gentleman in tbs
/ reon b the time. do not know his name
4 NJ. Roberts said be intended to stick 4
ne, but--added the witness significantly
",that depends on myself Whether he does
or not" The unfortunate lady then be-
came deeply effected, and burst into tears
Cross Esaaainei BY the defence, judge
1 Turner.--I have been married 20 Mr.. Rob
/ ests ten months he has provided for ms
we'll; he was steady, industrious, aud made
money. Judge Turner asked; Have yo1
I not got some Of his money now The wit
ness ~ cautioned not 70 answer, but ID
Court decided that the question might D
nut, and Judge Turner enquirsd; "Has h'
not given yoa money, and have yen not hae
fall sccess 70 his money, and 70 all thss h'
+ has? Has he not treated you with the con
6aeace 4 wife Is entitled to- Tho witnes
/ repledt "l3e has given me money, unS
treated me WE'LL" She was then asked hoe
much, bet hesitated about answering bu
on the Recorder desiring her to reply sh'
( said, with much spirit, 81 have SIX hundres
snd twenty dollars, and I iatend 70 hold o.
10 AZ Other money he has given me wa
for family purposes, and have disposed o
Il; he always trea'e ed me with confidence O.
his WIFE"
Tie ukxtTitnsss called vas Capt. Chun
ley, who arrested Roberts BY direction o
MRr~lal Chumley. He stated when
took Pober,a he ssid q suppose / knog
VII it is for. Il is about a woman VIII
cana here.s'' He theE said that be mar
risd her ia England she had len him h
Led n0t seen her Cor she last ave Or sii
years.
The second Wsfe, in answer to a-questisn
said Der maiden name vas Martha 5aa
Hay.
A lady witness residing near the Medi
cal College, testified that she knew The SEQ
end wife Is neighbour she and Mr.. Bob