The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1873-02-07
ia Instructive Decision.
4 PRoT EsTANT LFATE5 liIs CATHOLIC WYE
AND SEWN CHIIDKFS ON THE FLEA
CP nLkGAIITY on HIS GARRIAGE-

Mondays dispatches briefly :.lud, d to y
d, eision made 10y Judge Ludlow, III tl.o
] h,lIia Court of Common Pleas, uu
Saturday. The case WAS that of the city
against Williamson, for dcsrrtion. The
~ Cuucut presents L number cf questions,
all Of them interesting. and in view of tire
facts proved somewhat novel. For tl.is
r-aror NO give below the charge more fully
than given by Tie telegraph. The Judge
kaid
The real plaintiff here is = woman who
alleges that she married defendant, lived
with him as lcr hushand for sixteen years
and MAS mother by him of seven children,
all of whom are noN dead except two, aIId
! one of the survivors appears with his moth
CT in court. The defendant does not deny
that lie went through the ceremony Of mar
| riage with this woman, and thai the cere-
| mony was performed by a Catholic priest
| i'll private room at Antrim in Ireland, at
or near the place Of the then residence of
| the parties. The cohabitation and birth
Of children during the reriod OF sixteen
| years is admitted, but the defendant de-
clares he is and always has been Protest
ant, and irterpOses as fiat bar TO this mo-
ton an English statute, passed in the
nineteenth year of the reign of George IL,
| which declares (chapter 13, section !, }
That every marriage that shall be cele-
! bratod after the LIST day of March, 174O,
between a Papist and any person who hath
! been, or hath profcsse0 him or herself to be
\ Protestant at any time within twelve
months before such celebration Of mar
Iiage, or between two Protestants, if cele-
brated by Popish priest, shall be and is
hereby declared absolutely null and yoId
TO all intents and purposes, without amy
proccss, Judgment, or sentence OF Ia"
Whatsoever AS consequence it has
been argned that the children Of these par
ties arc bastards, and their mother nothing
more than concubine.
Story, in his Conflict of Laws (p. p. 81.
81, 81, and 92), in substance maintained
that whenever the laws of foreign cOun-
try are in violation of the laws of God,
sound principles Of morals or settled prin-
ciples of public policy, they will not be
recognized. We shall not be told that a
husband and father may come into this
iu-is diction, make it his domicile, and
then, when followed 10y his wife and chill
dren, shall deliberately turn them all ont
upon the cold charity of the world, pro-
| claiming that every right has been destroy
ed by virtue of AN antiquatcd statute.
The evidence here seems to be, at best,
in doubtful condition upon one point, but
! the weight of it seems to establish the fact
that this defendant considered himself .
good enough Catholic to contract this mar
| riage to live unmolested by any legal au-
thority to become the father Of seven
children by his wife nor did the defend
ant discover how thorough Protestant
lie WAS until it became convenient to sban-
don his wife, establishsa domicile here and
contract another marriage with another
woman in this country.
1t gives me great judicial satisfaction to
be eli .blcd. Eupon the facts before me, to
! render decision in favor Of this wife, to
make this faithless husband and father,
| Who did not hesitate to brand his own off
spring in an open court OF justice bas-
| tard, to understan and that justice il admins
| tered here and that his conduct does not
fail, in the most unequivocal manner, to
meet with the sternest and most uncom-
promising judicial condemnation. The
court orders the defendant to give security
for the maintenance. of his wife.