Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-01-03
FACT STRANGER THAN FICTION.


California has y compound Perplexity com
poeed OF person named Oades who IL described
as gentleman of good education and address,
who has proved himself to be more practical
than romantic, and who finds himself justified
by the new law code OF the state, by which
polygamy has been lawfully established, to the
great astonishment of the lawyers and the
scandal of bucolic community. The story of
Oades has excited great interest In the state
where the incident occurred, and it cannot fail
TO prove equally interesting everywhere q
striking proof of the way in which the law pre-
poses and man dsposes.
Two years ago Oades settled in San Bernar-
dino county, and, realizing that 1t IL not good
for man to be alone, fell in love with and mar
ried young widow. The pair prospered and
were happy, but after ten months OF welded
wrnklsd WITH yeals aSd SssSshps and ssoo%
panied by three children, appeared in the
county town. She made particular inq uiries for
She vent tbere with tse ebiId,eS sDd was I
ceived in the farmhouse. San Barnsrdino was
happy in the possession of q mystery which
and Children remained In the Oades house day
after day, week after week. Rural neighbor-
hoods in California are like such neigh borhoods
generally, and everybody knows everything
everybody speedily knew that OAdes hus-
band and father to the strange woman and
children, 10 less than to the woman he had
lately married and her infant There was an
instant commotion. Everybody agreed that
something must be done about it without delay.
Something was done. a criminal complaint
was filed charging 0ades with living uni awfuliy
with the strange woman. When the trial came
on he astOnished San Bernardino, for he proved
that the woman was his lawful wife, to whom
he had been married twenty years before in
England. There being no doubt of the fact
when his proofs were submitted the compl Amt
was dismissed, and Oades returned to his home
70 enjoy the society of his two wives. But the
busybodies returned to the attack, and ha 4 him
again before the court on a charge of unlaw-
fully living with Mrs. Oades No. 2. Oades took
81 in Ehr lau and hn sftvfI
code. Admitting all the facts, ne asserted that
a conviction could not be had, because the
sixty first section Of the code declares that 'the
marriage OF person having former husband
OF wife living Is void, unless such former hus-
band OF wife was absent and not known to such
person to be living for five years Immediately
preceding such Subsequent marriage-in which
case the subsequent marriage Is void only from
the time Its nullity is adjudged by proper
tribunal" Oades easily proved the required
fact, in doing which a most romantic history
was narrated. The complaint was necessarily
dismissed, and again Odes departed in triumph.
Bat Oades was indicted for bigsmy. When
the case came ON for trial we are told everybody
was present with his wife, while Oades was
present with his two wives. The district att0r-
ney attacked the jury with moral homiles and
Latin quotations He admitted that the accused
was ignorant of the existence OF number one
when he married number two, but argued that
his voluntary cohabitstion with both was proof
OF guilty intent Gb initiO. But all the learning
and eloquence of the district attorney were
thrown away. Counsel for the defendant again
found safe refuge in that marvellous code
which provides that no person sh all be held
gsilty of bigsmy whose husband or wife had
been absent for five successive years without
being known to such person as being living"
The learned judge, declaring that this provision
imperatively controlled his action directed an
acquittal. Osdes went home flushed with VIC
tory, the happy possessOr of two wives who
were such in law after the trial as they had
before been in fact.
There was great excitement in San Bernar-
/ dino over this result The rural lawyers were
almost crazed by their mental eXertion in try
man with two wives Ii was an awful fact that
pOlygamy was iudicially established in San
berDardinO. The help of leading San Fran
cisco lawyers was implOred, and even that of
the makers of the wonderful code AT last
there was a great hope r$ised. It was declared
second marriage, and San Bernardino was
happy. But Oades and his lawyers again came
up armed with the marvellous code, which de-
clares i'll section 50, subdivision ?, that such an
action can be brought only by one of the par
ties To the first marriage. OF one of the parties
TO the second marriage. Oates respectfully in
formed the community that he would not bring
such SUIT; his two wives, rendering their re-
grets for the disquiet their decision might &C.
casion i'll the minds OF divers worthy persons
gave the same information. San Demanding
sat down in sullen despair to contemplate p)-
lygamy as an established fact.
Here the story ends. Oades remains the law
full owner of two wives and California lawyers
are absorbed in the mysteries of the new code.
IL was never intended, of course, that IN An
should have two wives, but the law accords
them, and the courts must award them. IL l.
the old story of the man in the stocks over
agan-he could not be put in the stocks for his
offence, but he was in. The moral of this cas-
of most pacific polygamy lies upon its surface
Let legislators beware of haste and careles Sues
III legislatiOn.-N. y. Times.