Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1874-09-25
Sentence for Swearing a Girl
ThrOUgh.

A very interesting case has just been
settled before Judge Guigon. in Richmond,
the result Of which will be warning to
chlvalrous young men assisting theiI
friends in runaway matches. E. ii. Foote
was tried for falsely swearing to the age OF
Mary E. Richardson, in order that a license
might be obtained for her marriage with
in her snoe with PIP on it and then made
affidavit that She WAS cover" twenty-one.
The ''Dispatch'' says:
When the case was opened the counsel
for defence desired demurrer to be ell
tered to. the Indictment They claimed
that, in the discharge OF his duty, the
clerk was not required to make the party
take an oath, but merely to procure q GER
titicate us to the age, Nc, OF the parties.
The Judge asked the counsel whether a
clerk would be authorized to issue a license
for marriage If he knew that one of the
parties W under age, even though it was
certified that the applicant was OF the full
age OF tWenty-o!.e years
In that case of ulse the clerk would
be justified in requiring al oath from the
party applying for the license; but the de-
fence claimed that this was not a parallel
case.
The court decided that in his opinion the
Legislature intended that clerk should
require an affidavit in q case Of this kind,
from the fact that they had added the
word proper" to the section OF the Code
under which the accused is indicted.
The evidence Was then commenced.
Mr.. w. z. LawtOn testified that James
w. Hale and E. H. Foote came into the
clerk $ office Of the court, and that Mr..
Foote asked for IL marriage-license Tor JAS.
w. Hale and Mary +. Richardson. Some
questions arose as to the age of the female,
and the parties left the office, but returned
in about an hour and stated that they were
satisfied about the age Of the lady MI.
FOote then made oath that Mary f. Rich
ardSon was of the full age of tWenty-one,
and issued the license.
Mary +. Richardson Mrs. Hae) testified
that MI. Hale introduced Mr.. Foote to
her; that Hale told ner get a pen, ink
and paper and write: ''Mary F. Richard
son, tWentyone years OF age" she told
him that she was nineteen years Of age
and not twenty-one; that she was nine
teen years OF age on the 18th of March
last that she was then told to put this
strip OF paper in her shoe, which she put
on and laced up; that she was told not to
take the paper from her shoe until his
(Hale7s) return, under any consideration ;
that they then left, and after an absence OF
about three-quarters Of an hour returned
with the license under which they were
married; that she had known Mr.. Hale
since january last that she went to Man
chester on her bridal trip-(and i'll an un-
dertone remarked that it would have been
better for her if she had gone to her grave
or the gallows).
owls Pifbor1ca4, Of EIAJu Il
Richardson, testified that she was nineteen
years old.
Mrs. Childrey testified that Mary +.
Richardson was at her house the day be
fore the marriage, and showed her a piece
Of paper which was taken from her shoe.
on which some figures had been WriJten-
one Of the figures was crumpled, but she
could see that it WAS intended tor 's21."
! The evidence was here concluded.
MI. Cabell stated the case to the jury
and took his seat. He was followed by
Mr.. Pulliam for the defence, who did not
claim that his client was innocent, but
that the jury ought to deal with him with
| that leniency which has ever characterized
! the juries of this country.
| MI. Worthlngton, for the defence. re-
| viewed the testimony, dwelling particular
| ly upon that Of MI. LaWton, and made out
Il good case from his stand point for his
| client.
! Mr.. Cabell concluded the case, and made
d capital speech for the Commonwealth
reviewing the remarks Of the two lawyers
who had preceded him. At $50 O'Clock
the case was given to the jury. They re,
! turned after all absen e Of five minutes
with verdict Of guilty and assessed his
fine at S25 The imprisonment, which is
twelve months, is fixed by law.
James W. Hale, the person who married
Mary F. Richardson, is on bail.