The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-02

An Instructive DecistOn-A Protestant
Leaves His Catholic Wife and Seven
Children in Ireland ON the Base Plea
OF Illegality OF His Marriage-Anothe
Marriage Contracted-Justice to the
Deserted Mother.
PHILADELPHIA, Feb. l, 1873.
In the Court OF Common Pleas to-day Judge Lud-
low rendered the following important decision in the
case Of The City vs.. Williamson, Tor desertion. This
case presents a number Of questions, all of them
interesting and in view Of the facts proved some
what novel. The real plaintiff here is
woman who alleges. that she married defendant,
lived with him as her husband for sixteen years
and was mother by him OF seven children, all OF
whom are now dead except two, and one of the
survivors appears with his mother in court. The
defendant does not deny that he went through the
ceremony OF marriage with this woman, and that
the ceremony was performed by Catholic priest
in a private room at Antrim, in Ireland,
at or near the place OF the then residence
Of the parties The cohabitation and birth of
chden during the period OF sixteen years is ad-
united; but the defendant declares he Is and al
ways has been Protestant, and lnterposes as
fat bar to this motion an English statute, passed
In the nineteenth year OF the reign OF George H.,
which declares chapter 13 section ~, 'ThaG every
marriage that snail be- celebrated after the
LIST day of May, 1746, between q Papist and
any person who hath been, or hath protested him
or herself to be a Protestant at any time within
Twelve mOntnS before SUCH celcDratfOn OF marriage.
or between two PrOtestants II celebrated by
Popish priest, shall be and is hereby declared alb
soutey null and void to all intents and purposes,
without any process, Judgment or sentence OF law
whatsoever" AS q consequence 1t has been ar
gued that the children CT these parties are bas-
tards, and their mother nothing more than q con-
cubtne.
Story, in his Conflict OF Laws 70. So, 81, Of and
92), In substance maintained that whenever the
laws OF a foreign country are In violation OF the
laws OF God, sound principles OF morals or settled
principles OF public policy, they Will not be recOg-
nizec. We shall not be told that q husband and
father may come into this Jurisdiction, make 1t his
d0mcile, and then, when followed by his wife and
children, shall deliberately turn them all out upOn
the cold charity OF the world, proclaimlng that
every right mas been destroyed by virtue OF an
antlquated statute.
The evidence here seems TO be- at best, in doubt
full condition upon one point, but the weight OF it
seems TO establish the TACT that this defendant con-
sdered himself q good enough Catholic to contract
this MARRIAGE; to hive unmOlested by any legal
authority; to become the father of seven children
by this wife; nor did the defendant discover how
thorough Protestant he was until it became con.
venient to abandon his wife, establish q denial
here and contract another marriage with another
woman in this country.
1t gives me great judicial satisfaction to be en-.
abed, upon the facts before me, 10 render deci-
sion Ia favor OF this wife, to make this faithless
husband and iather, who did not hesitate to brand
his own ofsprlng in an open court OF justice as q
bastard, to understand that justice Is administered
unequivocal manner, TO meet with the sternest and
most uncompromisng JUDICIAL condemnation. The
Court orders the defendant to give security for the
maintenance OF his WIFE