New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-11
THE COURTS.
WHAT CONSTITUTES MARRIAGE.
A NOVEL DIVORCE SUITS PUBLIC ohhESoN
ESSENTIAL TO THE MARITAL CONTRACT .

ESSENTIAL TO THE MARITAL CONIKACIi
A divorce suit came up before Judge Bar
nard yesterday In the Supreme Court u. onan ' -
which the question decided by Judge bhrl"iu :" ''o
famous Blssel wherein IL was "o,' 'I" '',I
agreeing to live together "a man ana WHO M "e"J
pn,te) again arises and probably will 30 testeu I'D ~"
pellate courts The case came mp on mouoh LOT aii-
nony made by A. c. Brown on behah Vi INC ""o' INA.
beth Brinkley who is the plaintn III inc ".''oD 10
petition states that she was married III '"'' W. " ~
1864 To Hugh Lawson Brinkley OF Me"pn'' i' ~
that he left her March q, 1862 anu mas sinoo
snort her On this refusal arises an action TOT hheu
divorce mr. senaraton She lived In west i"ehS ''nliu
At when he came to the city, and nnmng ou' '' '''
dcnce he called upon her. She receiver MS F', " "'
had formerly lived in Memphis, ana khe" MS iei"o'
lie paid very assiduous attention " "oi' .,, ~
IN theaters and the opera, and she e'en'ua"y io
o,,,ocoted the affection which he proio7Seu W
entertain for her He wished to marry put was "ir
TINT his father would not be pleased WIN tne "noe "
| he wished him 10 marry very "e"itny ii"' ~ M"
hama After proposing that they shou" quo 'u''a"
and he narried-to which she would NOT conSeh'-Ho
suggested that they should be married "i'nou' ' ,
anv assuring her with apparent sincerity anu Sie
,c,in him, that the solemizatiOn before Clergy
| man or magistrate not necessary to con'''"'
valid marriage; hut that agreement between Paio
IN he man and wife all that was necessary " '
public solcmnzaon would he very apt 10 come W 'o
! knowledge Of his father-a circumstance WHICH ne
seemed to dread above al thlhgs -, lana 1871 .f,nr
Gha Ia al.
,,,o,'Is ronversatlons with him and much hesitation
ON her part and not until she was fuy VI 80,
sincerity of the defendant and the truth OF ms n.o
tI nd If wa agreed that they should be married
he follow INK Tuesday he promising to procure am Ding
ev"nip~ he came and they entered into the marriage
contract ne agreeing on his part 10 TAKE ner ~ III
f wife and she agreeing to take him a her lawlu nus
hand Aftcr the agreement was made, she sI 10 niin
Now Hugh want you to axe e Tcped "As hope
10 meet my mother in Heaven regard tn7 hnr
"a marriage" Not having bought the ilhg ne gaye her
! ierOs
they went to iewcry store, where ne D0ngh, pam
gnl5 ring and pt il on her finger, saying "There LIZZIE
They then led sort Of nomadc lfe stopping a. nor,o
and yate houses in this city, Niagara Fails NewP
leans. Memphis and other places 30 h,,oucins 'I me-
his WIFE and registering his name Us MI lawson S,s
| known registering his fuil name, and her as MS VIE
The reason AWAY assigned l9E noo ho ne Was de-
name the fear that MS fatheI' on Mno,n Nv 90 IN
pcudont for support, would learn OF the nlIiagv' w
e1ary 1901 BTnaey seo ar. S endeayCred to get
her 10 go Europe offering 10 pay her pa'sag; anu
that she should sign paper which rected that she never
had been married She refused TO sign the paper ner
husband also requesting her not 10 & to 90 home
Nth Lini, hut short time afterward, at her
M Stands request she went 10 LOulaNnIe, "hcIt
| he joined her Every where they ven. ne III
troduccd her rs his Wc aud az the letters ta' ir SeIt
10 her we're addressed 10 Mrs. Hugh Lawson OF MIS- H.
l.. Brinkey on the 22d ~ March lN5J WINE tey were
living together in Memphis ne ADadOneu heI anu ua
ucc refused contribute 10 her support she expresses
the belief that but for the opposition Of ms iather her
husband would have introduced her 10 ms LONE as nus
vile and the petition finally states that Mr Brlnkey Is
| Mr. Brown also read numerous afIdayts made by per
sons with whom they had boarded all showing tat they
uniformly Acknowledged that they were husband ana
wife. and AFFIDAVIT Of hotel proprietor VINO wtnt 10
her room 10 order her out 81 ,s hGsc Sng heafa
her the object Of his crrand she was highly indignant
slapped him the face with her fam ordered him out OF
her room aud he was descending the stairs threw
pitcher Of water over him.
In reply to the mass of papers read by Mr. Brown,
Cen Wan. H. Anthem read equally N0unlnOus andaYlts,
which, II true show an aiosethfr different state Oh
facts The first was that OF H. T. Jackson an sttOILey
residing at Memphis, Tenn. stating that suit between
the same persons was nsti9tsd on the 9itt 81
1869, the Chancery Court OF ShelE county me pam
I'm seeking divorce that Chancellor Morgan denied
motion for an allowance pcdeHte h in that suit on the
ground that the evidence did not establish marriage
between the two; that the cause mas NOT De'h eacneu
Clarence p Hunt in an afidayit made before a Com
missioner, Memphis where he resides teStliles hai ne
beth Charles very WE'LL in 1sCI Brinkley came to New
York and told him that would take him to see lady
soon after this went to Lizzie Charles, and asked
permission bring Brinkey to see her; was surprised
10 find that she didn't know TecOllect him however
after inquiring about him. she requested me 10 DING
him up which did. know that at the time sh9 wa. Ths
! ley was that she Il lady Of easy virtue, and he
her. lie said he was in health, and that his physi
| elan had advised him to take such course tod
Lizzie at the time that had been in New-IOrk some
tmc had spent about all my money, ana that brhkey
had plenty Of money ara that she had DsteT tahT up
with him. know that she was ANXIOUS IoI TINS l
ducon and knew the object Of 1t and a. consiieTa-
ton for my introduction brinkey promised To ntIoquee
me to leading actress at one OF the theaers Brnkry
and Lizzie together from this time until lett New
Nur. in September hut the understanding AMONG th,r
friend, here aud since in Memphis was that they were
not man and wife. In al his conversations win me l
never tnentioped marriage Brnkley Is Is WINE LizIo
II en-. ana seemed 10 he grown lady. she Il shrewd.
! smart woman, and very designing and crdfty. Just
before my departure from New York, in 1893, received
from her the following letter:
C,REVcE u tells me you Memphis in the morning Am
e We meet again request Clencs rot seroa to
S SS tai s,e sone@o Guopc Yoa DO e vii you
u greatly io keep position from being Known Soah a.
home and dr, anything Of my error reaching
father remember tins Clarence snd or past fuensPs sake
| csut.on. LukE l..
IN haste Destroy this Take love to H. Smith and tell bin to
write viii we him before going to Europe think wall leave
| In few weeks White when reach home
Another letter received IN the latter part Of 1865 Is az
| follows:
CrEScr Eugsfe box Garden o next "Wednesday
night Hugh viii Introduce perhaps THURSDAY
to be acrc VIII let you kuoa sIth certainty Neine
In la.teTe You Hugh about As
gentleman bound never TO by % az one what haS passed
| intimacy between u.s. Ibid so. Destroy this
Several other letters embraced In Mr. Plrks's af
day all tending 10 show that they had been ON very
familiar terms. Several other aidayits read by
Gen. AnthOn OF them stronger than that Of
/ Mr. Parks.
With reference to the legal standing OF the plaintiff in
court il argued by Gen Anthem that by the decision
of the Chancellor the suit brought In Tennessee the
matter was res ddudicdid and his decision
| De respected 10y this Court.
Mr. Brown, in reply argued that the decision on
nterlOcuOry order, and that therefore the entire
| matter was not res ddjudiedtd.
| Judge Barnard reserved his decision, and intimated
that in he decided the motion adversely to the plain
tin he would do without prejudice to renewal upon
| probability the action will bo tried here.
| CATCHING A CURTAIN THEA VIGILANT
| OFFICER