New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-22
Wonders Of wedlock.

The philosophy of domestic history in
wolves many q problem in real life that
would be secuted as extravagantly imprac-
ticable in fiction, and the peculiarly facile
the United States seems notably favorable
to the development of such curiosities.
| Thus jury in Portland, Maine, has recently
disagreed, and thereby necessitated a new
trial, In . case of alleged mistaken identity,
the paroles to which are a gentleman who
claims another persons wife as his own,
| and the lady who firmly and indignantly
denies that she ever even saw the claimant
| before.
Mrs. Waite, wife of highly respectable
citizen OF that name, is the lady in qres-
| ton, and the claimant of her marital ale.
glance, who is from another part of the
country, persists that he once married and
was deserted by her, and brings letters and
witnesses in proof thereof. She, on the
contrary, is sustained by husband, chill
dren, old friends and acquaintance in ut
rerly denying all knowledge Of the man;
and, as the disagreement OF the jury shows,
the evidence on both sides is so strong as to
battle the average Of human sagacity to de.
eide the astounding problem.
But yet more surprising are the anoma-
lous legal complications of a case in San
Bernardino, California, of which the follow
ing are the chief facts: In 1872, an Eng
lishman named Oades came thither from
Australia and purchased farm in Temes-
cal township, representing that he had ex-
perienced bitter domestic bereavement and
pecuniary loss in the land whence he came,
and exhibiting great dependency of spirit
in consequence. In January of the follow
ng year he wooed and won comely and
highly respectable widow of San Bernardo
no named Foreland, but not without having
given her the tragic history Of bis past er-
rOrs. About six years before he had beena
~ e. r III
Zealand, on the frontiers of the seditious
Maori country.
During his absence from home one day,
on a short journey of business, while his
wife and several children were alone in the
house, q band of savage Maoris devastated
the place and left the buildings in smoking
ruins. Upon his return he found only heaps
of smouldering embers and ashes IN the
place where the homestead had stood, and
charred human fragments in the dreadful
wreck left him no hope but that his whole
family had been butchered by the pitiless
destroyers. 1t seemed, indeed, barely pos
sible at first that some of the victims had
been carried off captive; but weeks, months
and even years Of pitiful waiting and in
Quiring never sustained the possibility.
At last the inconsolable man had gath
cred together what little worldly sub
stance was left to him and emigrated
to California, and now told the story
Of his calamities to her whom he besought
to be his second wife. Thus Mrs. Foreland
knew what Oades had suffered before she
gave him her hand in wedl0ck, and needed
no further information from him when, in q
year after the marriage-Or only a few
weeks ago-the first Mrs. Oades and three
children arrived at the farm in search Of
husband and parent. The woman and the
little ones had been made prisoners instead
of killed, by the Maoris; the human re-.
in <hn
those of savages who were slain by each
other in fight for the spoils; and, after
captivity of years, the hapless Mrs. Oades
and her children had finally been released.
and followed their natural protector to
California.
Upon hearing the piteous tale from the
poor wanderers, Oades and his second wife
were Of one mind about what to do in the
matter. They would not relinquish their
own union, for it had been entered into in
perfect good faith on both sides, and was
justified by the mutual devotion 1t had dee
velOped; but the desOlate new corners must
be received into the house as legitimateD
members of the family, and receive all the
amends that could possibly be made for
heir anomalous condition.
Not 50, though, decided the good people
Of San Bernardino, who, on being frankIv
odd of the domestic situation, insisted that
here must be divorce to accommodates
affairs to civilized FORM As neither Oades
,r either Of the Mrs. Oades would move in
was constrained to institute legal proceeds
ngs. And then began the judicial pere
1lexities of the problem. According to the
Los Angeles Express, the husband was first,
'ued tor retaining the woman from Austras
ia under his roof. He proved that she was
lis lawful wife and the suit was abano
Toned. A suit was then brought against
VT 11f 1x,,r
lumber two. He was acquitted under the
aw, which declares that ''the marriage Of
person having husband or wife living ie
.oid, unless such former husband or WifeN
living was absent and not known to sucta
'erson to be living for five years imme6ie
'tely preceding such subsequent MARRIAGE
q which case the subsequent marriage i'm
old only from the time it's nullity is ado
judged by proper tribunal" He was them
Prosecuted for bigamy, but the law pros
i0es that mo person shall be held guiltu
I blgamy whose husband or wife has been
osent Tor i've successive years without be.
1g known to such person as being livingss
o he again escaped.
A fourth suit was finally brought 70 dis.
olive the second marriage. That failed be.
ause not brought by one of the interested,
arties. They were appealed to, but re-.
used to take action. At public meeting
t the now fairly frantic citizens it was pro.
osed to petition the Legislature to pass a,
peclal act dissolving Oades' last marriage.
ut Oades, who was present, Immediately
rose to address the meeting, and told them,
lat mat was no go, for by the twentieth
'ctOn OF the fourth article of the constitu.
on Of California it is expressly provided
lat mo divorce shall be granted by the
legislature AS Oades produced the book.
sell, this argument was unanswerable.
II NV, was then proposed that the Legislature
lould oe petltioned to call a constitutional
invention for the purpose of annulling one
the other of Oades's marriages; but
ades produced the constitution of the
nlted States and read the tenth section Of
le hrst article, which expressly provides
lat :. No State shall pass anv
w impairing the obligation Of
'n1racts," "and marriage" he said. was,
ell settled to be contract, and therefore
, earthly power could deprive him of his
' y right IN his two wives" And thus
y case stands at present-one of the most
variable examples of legal and social
ntradlctlon ever known in cixiIizeT