The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-02-17
A Singular Marriage Case.

a SlnSUllr MhrTlhSc InSc.
In the Court Of Common Pleas Of
Philadelphia Judge Ludlow rendered
tho following important decision in the
caso of the City vs.. Williamson, for de-
sertion. This case presents number
OF questions, all Of them interesting,
and in view Of the facts proved some.
what novel. The real plaintiff here is q
woman who Rllcgesthat she married dc.
fendant, lived with him us her husband
for sixteen years and was mother by
him Of seven children, all Of whom arc
now dead except tive, and ono OF the
survivors appeared with his mother In
court. The defendant does not deny
that lie went through the ceremony Ol
marriage with this woman, and that the
ceremony was performed by Catholic
priest in n private room at Antrim, III
Ireland, at or near the place of the then
residence Of the parties. Tho cohabi-
tation and birth Of children during the
period Of sixteen years is admitted; but
the defendant declares he is and always
Inns been Protestant, and interposes ms
n flat bar to this motion an English
statute, passed in tho nineteenth year
Of tho reign Of George IL, which de-
clares (cllapter 10, section y, "That
every marriage that shall be celebrated
after the LIST day Of May, 174G, between
n Papist and nny person who hath been,
or hath professed him or herself TO DO a
Protestant Mt any time within twelve
months before such celebration Of mar.
riage, or between two Protcstants, If
celebrated by n Popish priest, shall bc
and is hereby declared absolutely null
and void to all intents and purposes,
without any process, judgment or sen.
tence of law whatsoever" AS q consc-
quenco it has been argued that the chill
tren OF these parties are bastards, and
their mother nothing more than con-
cubinc.
Story, in his Conflict of Laws (p. IS,
81, 91 and 02), in substance maintained
that whenever tho laws OF II foreign
country are in violation Of tho lnws Of
God, sound principles Of morals or
settled principles Of public policy, they
will not be recognized. We shall not
be told that husband and fatller may
come into this jurisdiction, make 1t his
and then, when followed by
his wife and children, shall deliberately
turn them all out upon tho cold charity
of the world, proclniming thNt every
right hes been destroyed by virtue Of an
antiquated statute.
The evidence here seems to be, at
best, in doubtful condition upon one
point, but tho weight Of it seems to es.
tablisll the fact tlat this defendant con-
sidered himself good enough Catholic
to contract this marriage; TO live unmo-
Tested by any legalautiority; to become
the father Of seven children by this
wife; nor did the defendant discover
how thorough Protestant he was until
it became convenient to abandon his
wife, establish q denial here and con-
tract another marriage with q woman III
this country.
It gives inc great iudicial satisfaction
to be enabled, upon the facts before me,
to render n decision in favor OF this
wife, to make this faithless husband
and father, who did not hesitate to
brand his own offspring inan open court
OF Justice MS a bastard, to understand
that Justice is administered here and
that his conduct docs not fail, in the
most uneQuiyocal manner, to meet with
the stcrnest and most uncompromising
judicial condemnation. The Court or
dcrs the defendant to give security fol
the maintenance Of his wife.