New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-07
THE TAYLOR WILL CASE.
WHAT CONSTITUTES A LEGAL MARRIAGE ,

The examination in the Taylor contested will
case was begun the sOh ult, in the Supreme Court
Westchester County, at White Pains' peiofe Justice
Gilbert II was a suit instituted by Mrs Mary l. van
Tuyl daughter OF William Taylor. the teStatcr)
against Otto T. Van Tuyl ct al. for partition OF the
prope,ty and Ia test tho OF Mrs. Catherine Taylor
who having lived with VIM. Taylor for several years ana
having borne him children, Chains TO be his wluOw
although not In law Independent OF the large amount
OF property involved lover half a million OF doiIar9'
the possesses peculiar interest on account Oh tno
relations of the parties and the point In social morals
which may be said to Tho taking OF testimony
was concluded on the 1st inst. and the Hon. hopef'
Cochran addressed the jury In behaH Oh .no
plaintiffs, and Samuel L. Lyons made an api0
and eloquent appeal in behali oi
Catherine Taylor, alias Atwood ana hor wv w..
dren The case was then submitted to the jury uiuer
n obarcc Of the Court. After a brief absence Oh
the Jury they came into Court and rendered VeIuo'
I'm favor of the new claimant, TO tile elect tnat uoy
found that Mrs Catherine Taylor was inc l""iu VIZ
and the lawful widow OF Wm Taylor ana 'n"' s'o
children william James Taylor and Catherine e ~
GRO +tc lawful issue OF VIM Taylor; wherepoh lho'n"'
Noor NJ counsel for plaintiffs asked for stay OF Pro
cediugs with Wow Of allowing time TO nave ho c"So
taken nm TO the General Of the Supreme court IN"
the Court allowed 30 for that purpose Inc io'o"
ing is tho argument OF ar. Lyon, Ia iuii'
Mr. Lyon said .,o.
CcntIcmcn Of tho Jury: We did hear one word that
,yos human In the last sentence almost whion 10y
learned friend Undce Coorancl uttered nc per'teu m
better nature 10 triumph, as In words wen g. nd.m
sympathy he pr4aounGfu from the
way In which his clients looked az ths c1sp; 49,, a,t
49, o Ink m H. ard from the whole managenot OF
NV Se nv tIose WHO have preceded HIM. u has been
pam taI nenr down the vias Of their wrath pot mpon
VIM Taylor. not upon the rich man dying Mi1n an i
,,,iions moi uuo those who moving heaven anu
EARN 20 g' Nm T"vior fst Jaw hcr was hardly
mi q.
made cai,st almost tho very lowest dregs OF humanity
Ina ncc mi ,,p"n lie head OF flat woman, and foF his
man who died H. the glory IL seems, o. money ana OF Tor
tune there has been word Of oven contamination ltol
thr Iegnng 10 tie end rave that last sentence when
fpraug from The honest heart of my friend. nc conlI
rot viii his conscience rest tonigt knowing Inin li
t facs received from this enor0s 70 secure to
these first chdIen the fortune In all ia enrety' 10y iip
| rcscntiug VIM Taylor Tie man VINO ctise. ht tiis
trouble and who has brought you ana us mere t0uy, rs
that instant almost as pare aud spoS's as 'te isio,
That IS the way s case has been urea, rust Eeh
men, to direct your attention 10. ana got bIOrc You to
very Issues we nto uyinG. and nTt' is' c,ue
which ongt t. consume llf , qy vjo ShI he ccrtany
possesses, ana with that Hdnirnho hanner "i p'tt
his case, has directed your attention ehI.c iolu MS
ri,ces are He has told you what the best evidence IN
the world OF marriage is that man all aEo Oae Wo
both do live before all the world and e has asked you
to bring every ana the question OF Ihe ieE,t
and his Honor the presiding Judge, Will tell yon tat
marriages n thousand times short OF that arc as pure anu
nc al anywhere ipon the face Of the earth. am
here deal with marriages s9c as my ie, ana "b 70
yours You have no reason on eath or eonGens Gut
marriages nor , ngs GG They h'yG SSeS OpI
mel, have not been called upon to desgilo ~ fact
whether there was aaSsS9 y NOT n ibe @GrId
SO constituted and situated that they do choose to nave
IN relation TO their married il9 FORM sS a moi be-
public connection Of marriage. aud yet the connection
y W by DO M aw Look at the case M Robert schuyler
Of the city OF Hevyork, one OF tho most prominent men
the most marked man in al ihat greet mart OF trade
He had been married p years Oeote nis ir,oI
to himself for this arrangement IN hia iay an arfihg
ment under which this woman. VINO iUr ss' Me
and Of Refinement bore that man I'VE enidieh, e9 9 sau
clergy man Of the Epfcopa GhItcn ~ ,uis u,{ nuu me
the time came. ns i DID before hs death, 70 teeoH'
the world today, the woman hls widow.
and the children his climate children We must, there.
there can be no conflict We all know that society best
ordered and that II is best To- this re- aton that II shall
shall be recognized by all the world That ~ the ord.
nary contract o arrige and thank heaven II IS very
Gaze now, This testimony VIII show Ana thequeetoh
Is mot What these people 0uS 70 N.Y. V bave nne
or what IL would have been best for this woman To Rave
done and what IL she prayed TO have doue every
night Of her licto have this an open, recognized mar
rlage like ali other marriages; but 1t IL whether before
the God Of the ard In the eye Of the law OF s
land that uan did take under circumstances
that their relation became a mar.inge; aud tue
| ton their lawful issucl That is all there Is
ssSG' Is Of o y ssm n5t T1n ES S s'@S
duced here aud then to the authorities which apply IN
my views that thilE YOU viii So satisfied after hcarlrg
them, that there IS very little zen iOr you TO detclune
y fSnS Of The aiySn;ages Of an open social relation Of
| this kind. was delighted with those beautiful ho"cIs
from the bosom OF her family to the altar aud sent her
forth into her nfo with blessings upon hcr We h
| know that is common, all know that j. best, but
santIv stpbfor in bis win as they themselves agree
man Who was standing in relation his'faniy at home
.at III e9 9user Who was put upon the me sGHG
threaenng 20 cnt OF herself and her sscrs aud brother
without dollar and telling her, Mrs Van Tuyl, that
she should never ride IN her carriage with q dollar
| OF his money. Fac admitted that although,
she had heon hye or SIX years ,, absent absent
that he had never written hcg line, aud that she had
written him but twice. Car there ne more hldeoua
picture of dscontcnted home than Tie one ms woman
presented to u.s. repge sentlng hr 'tet nsnyi1s ,"
be said by either of these chlren 10 You suppose U't
this MAI of iron will who had fought his way 10 fortune
into sucn outbreaks by the slightest and most thrilling
thing No, his passion wa the result o! . defiant M
Two of these children were put upon inc stand q order
portahce IN Il, but With was nevertheless. true ono
swore 10 you that from tho hmc Of his marriage as We
Hs'ss sss 4 az sr NS S ;s a q ts5m Is
4 these CnIuIcn 10 blihH llis illIiCi 10 INt
lar Of accountability ami say Ia him, Sir where were
you last nghtr Itwond seem 80, II ths be true. But
they put that in evidence upon Tue heel Of Their Wit
Miss Wheeler, who fye minutes before upon being
asked tho same question: testified thai he used Ia spend
night after night ~ her house. away from the house IN
Rye and yet the rights Of these children and this
to be swept away from under them by the Interested
testimony Of these children by the first marriage
Mrs Van Tuy for the purpose OF proving that Mrs Tay
ors statement could not be true that he had passed
nights with her elsewhere, made the broad statement
that with the exception OF two nights, he passed yery
rig ut home. aud for those two gl she sad he had
n. l,rtt bar hpotl Tho IL ~ Il