The New York herald., 1869-11-15
The Marriage Laws of New YoriS-An
Important Deciuior.


We published yesterday in full theimportant
decision Of Judge G. G. Barnard, in Chambers
of the Supreme Court of this city, on Saturday
last, in the case of Beatrice Bissell, an infant,
by her guardian, against John B. Bissell, for
limited divorce on the ground of abandon
ment. The defendant admitted the abandon
ment, but denied the marriage. The parties
had been living in Brooklyn. The plaintiffs
case was that a marriage having been agreed
upon between them, and the usual prepara-
tions having been made on her part, she met the
defendant GS67) by appointment in New York,
and that while they were riding together in
a carriage in the Park defendant placed
ring upon her finger, saying, "This is your
wedding ring. We are married. We are
married just as much as Charles is to his wife
(referripg to his brother and sister-in-law). 1
will live with you and take care of you all The
days Of my life as my wife" That to this she
assented, and that accordingly as man and
wife they lived together till his abandonment
of her in August last; and that shortly before
the abandonment he induced her to sign a
riage ceremony had been performed between
them.
The defendant, on his examination, put in
the plea that he never agreed to take the plain
tiff as his wife; that it was agreed ooiu
,,,o with hir, os III; ...s.ress and that he
=. !. ner off as his wife; that he gave
her the wedding ring so as to deceive other
people and to avoid suspicion, as he feared
if discovered in their boarding house that
they were not married they would be turned
out. There was no pretencc that up to the
time of the alleged marriage the plaintiff was
not blameless in her conduct.
Judge Barnard, after reviewing the eyi-
dence, the law, the authorities and the pre-
cedents bearing upon this case, declared him
self satisfied that an actual marriage was
contracted between the parties, and that if
the defendant, while endeavoring TO accom-
pish the ruin Of a virtuous girl, blundered
into matr,mony he has no one but himself to
blame. The Judge further remarked that ''if
the practice is as common as the defendant
alleges of men passing off their mstresses as
their wives, and allowing them to bear their
names without any marriage contract, it is
time they should learn the risks to which they
expose themselves in thus trif1ing with the
marriage institution and the good order of
society;" that there should be decree dcclar-
ing the plaintiff the lawful wife of the defend
ant, and adjudging limited divorce and ali
mony, with costs and reasonable expenses.
Judge Fithian's recent decision in the case Of
Durand VS.. Durand is of the same character
and these examples are, at this time of general
lawlessness, to be especially commended, and
they will meet the endorsement of all honest
men, in view of the good effect they will surely
have as a warning to the whole tribe Of grace
less adventurers di sposed to ''triae with the
marriage institution and the good order of
society" 1t is high time, indeed, that, in
regard to the marriage institution, the limo
should be drawn between the laws Of New
York and the license of Chicago, and in this
Bissell case we have it broadly and clearly
defined.