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

cEta4tNeN as man auU VIE .ahe conoOSAee
herself well.
/ Capt. Chumlev was cross -examined Rob.
erts Eaid TO me that he had intended that
/ very morning to have applied for a divorce.
This finished the testimony for the pros
| ecution and JaSge Turner called 10 sit
nesses for the defence. ~
Judge Turner then proceeded "a argue
the case on behalf Of the accused His ar
gument was based upon the following two
sections (sections 4Ssq and 1850 Of the
Code Of Tennessee "If any person, being
married. shall marry another person, the
Ermer husband Or wife then living, or con
tinee 10 c-ohabit with such husband or wife
ID this State, such person shall be impris-
oned IN the penitentiary not less than two
nor more than twenty years No per-
son shall be guilty under the preceding
section whose husband OF " {. shall con-
tiuuelly remain bevOnd the limits of tho
United Etsfes. or absent himself or herself
from the other without the knowledge Of
the party remaining that The other Is liy-
ing, for the space Of FIVE years together; or
who has good reason 10 believe such
former husband or wife to1ba dead" The
Judge argued that the parties lived
unhappily; that Mrs. Roberts left her
husband and staid away six years with
out complaining Of his absence, writing to
or in any way eommu cating with him
Hearing nothing Of her be was jastfied IN
concluding that she was dead, and 50 be-
lieying he was entitled By the law of Ten
nessee to marry again. Ii would have been
better in him 10 have told his present wife
the circuinstances, but he thoaght il an
necessary. TO make it Necessary % send
man up FOR trial, It must frat be established
that an Offense has been committed; next
that the accused is probably the guilty par
T. . - -. frsf ftf
FIVE years acquits the accused ofeuy oHense,
and there being no offense there can be no
committal. He Gale attention 10 the fact
that the accused did not seek TO conceal
himself but made the acknowledgment
about his first marriage which constituted
the only evidence brought against him.
Mr.. Brien replied, stating that if the wife
was absent, even deliberately and from bad
disposition, twenty yeaT, and the husband
knew she was living he could not marry
again. So far from Roberts thinking his
wife desd, he said when arrested that be
was intending that very morning 10 apply
for q diverse. If be believed she was dead
why had he not told the second lady the
circumstances He had madO no CON-
plant in any court, Of bad conduct on the
part of his wife, and thus sought redress.
There We're too many persons taking GdVan-
tage Of the present troubles in the state 70
come here with unlawful objects, had not
tba dofandapt done so? II was asserted that
the frpt wife had not communicated with
her husband for FIVE years, II her evil
denee was allowed to be given she would
show what letters she had written, and what
othermodes of communication she had tried
while he was going from State to State and
could not be communicated with. II she
was the bad woman she had been called,
Z 4 L ff-Frwk 60 or- al IND
whether she had q husband, or her poor
children a father. Here the unhappy la
dy burst into weeping.l The whole ciTcum.
stances sh wed that the accused had good
reason to believe that bis wife was living at
the time ne committed the ohences of biga-
my and adultery.
The Recorder said the fact Of the mar
rage in England was plain, so was that Of
the second marriage; but if one portion Of
| the defendants statement was to be taken,
so were the others. He said he had married
in England, lived fifteen or eighteen years
| with hisisFife, who then left him !. that since
then until now, be had known nothing OF
her. The law saws that in such a case there
can be no conviction for bigamy, but if he
had known she was living, be would have
been guilty. Under the law / am compelled
/ TO discharge him.
court, the next case was called. The FIRST
wife turned a curious, startled look upon
her hu.b md that had been, as if saying to
herself-am then without husband, and
are my little ones without a father
she then arose, and in silence more express
sive than any burst eff passion, she left the
room, friendless, desolate stranger. The
Recorder decided By the evidence before
him, but that was de fective, Not hint
was given that this man should have tried
to ascertain whether his wife was dead, and
IL dead TO have made some effort for hi;
children left, friendlsss in the world. The
first wife and mother was obliged TO sit a
silent sacrifice, and see herself deprived Of
husband, protection and name, without one
word to relieve her pent up feelings, with
out revealing fragment of the sad story
she-who alone and unaided is bringing ur
her ehildrsn-eould perhaps reveal. The
trial and its conclusion was painful illus
tration Of the state Of the marriage law in
/ Tennesaee