The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-03-16
THE PRESS.
MONDAY MORNING, MARCH. I6. 1874.
The Man With Two Wives.
REMARKABLE PREDICAMENT UNDER THE
NEW CODES OF CALIFORNIA.

NEW CODES OF CALIFORNIA.
The readers of the PRESS are already some
what familiar with the leading circumstances
of the case of man named Oades, now re-
siding in San Bernardino, CAL, who is report
ed to have two wives, and against whom sew
eral prosecutions have utterly failed to stand.
A more detailed account of the perplexity of
the outraged and excited people of the place
is given in a recent issue of the Los Angeles
(Cal.) Express, and the story is of SO extra
ordinary nature the we quote it entire.
The Express says: ''The Indignation of
the public generally at this disgraceful result
OF the careless manner in which the new
codes have been gotten up is excessive; and
as there is painful suspicion that other de-
fects as yet undeveloped may exist, the feel
iEg is universal that the civil code should be
at once repealed and the other codes referred
to competent commission to revise them.
The case referred to is that of the People Us.
Oades, just decided in the County Court San
Bernardino. Oades is an Englishman of good
education, who came to that county about
two years ago, and purchased and settled up
on farm in Temescal Township. In Janua-
ry last he married Mrs. Nancy FOreland. a
young widow of great beauty, residing in that
neighborhood, by whom he has since had a
child now about enc month old. Both par
ties have always been regarded in the neigh
borhoOd as eminently respectable.
About two months ago woman, accom-
panied by three children-two boys and a
grl-arrived at the City OF San Bernardino,
and after inquiring OF Oades' whereabouts,
proceeded to his residence, where she has
since continued to reside. A short time since,
it lranspired that this woman and Oades COM
ported themselves toward each other as man
and wife, and the neighbors. indignant at such
open profigacy, laid criminal complaint
against them before Justice Billing under the
act of March 15, 1872, for open and notori-
GUS cohabtation and adultery When the
parties were brought up for trial, however,
they produced certificate OF marriage, and
proved by it and other authentic documents
that the woman was Oades' wile-having
been married to him in England about twen-
ty years ago, and moved with him to New
Zealand, where their children had been born.
| The accused was, therefore, acquitted and re-
turned to their home, where Oades continued
| to live with the two women as before.
Thereupon another complaint was laid be-
| fore the same Justice against Oades and Mrs.
Mrs. Oades No. 2 charging them with the
same offense. On this trial it was proven that
about eight years ago Oades was living in
| Wellington Comfy, New Zealand, on the
frontiers, when, without warning, the Maoris
"a tribe at peace with England-made an in:
road into the settlement, Oados was at the
time temporarily absent in Victoria, and re-
turned only to find his homestead burned and
his family disappeared. Some human re.
mains were found in the ruins, and from this
| ard from such information as he could gain
| during the ensuing two wears, he was gradu
| ally forced to the conviction that his wife arc
| children were dead, and being 10th to remain
| amid the scenes of his distress, he left New
Zealand and came to California. Upon th
state of facts Oades claimed that his marrag,
with Mrs. Oades No. 2 was valid under tn,
second subdivision of the sixty section o
the civil code, which provides that the mar
riage of a person having a former husband o
wife living is void, unless such former hus
band or wife was absent and no. known t
such person to be living for the space of fiv
successive years Immediately preceding sue
subsequent marriage, in which case the sui
seouent marriage is void only from the tim
its nullity is adiudged by a proper tribnna
Upon an examination of the law this propos
tion was found too clear to be disputed, a
| there was doubt that when OadeS marie
his second wife he had been ignorant of tb
existence of his first wife for more than fiy
wears. The complaint was therefore dismiss
| ed.
Oades still continuing in open cohabitiol
with the two women. a deputation was sen
by the eishbors to lay the matter befor
| Coleman, the District Attorney, who, afte
examining the case, referred it to the Crane
Jury, who found true bill against Oades fo
bigamy. The Trial, which took place las
Monday, attracted large crowd of cage
spectators, among whom, the observed of al
observers, appeared the two Mrs. Oades. Th,
| same state of facts was proven, and after tn
| cloSe of the evidence, Coleman, the Distric
Attorney, opened the case for the prosecution
| in an able and eloquent argument, of whic
we can only give brief abstl act: The law,
he urged, was to be construed according t
its spirit and intent, and the language wher
contrary thereto, was to be disregarded
These time-honored principles have been eS
pressly adopted in the new code: .'Wher
the reason of the rule ceases, so should th
rnle itself.' (Civil Code section 3,510.) Ce'
sdnte ratione tegis cessot ipsa lea.
And again, where the reason is th
same the rule should be the same" tIt
sec. 3,5l1.) U6s eddem ratio ibt fdem Ju'
| And again, he VINO CONSIDERS merely Tn
letter goes but SKIN deep INTO the nearing
| Qus R0efet W tetteTu HdeIet " cOIttce' W
Sit, 2S3 b. Now in this case, he contin
ued, the evident intention Of the law wa
simply tc provide against the illegtimacy Q
the children of the second marriage, and
certainly never could have been intended t
make bgamy lawful. 1t is true that at tn
date OF the second marriage Oades was igno
rant OF the existence OF bis first wife, but hi
voluntary cohabltation with both women
after learning the facts, was TO De taken a
conclusive proof OF guilty intention, ab IN
no.. And, IN support OF this view,the coun
sci cited .nhe Six carpenters, case, to Coke
K, l46l Ihat case was very similar IN prime
pie to this, ana IL was aoJudsea tnat 'tne lav
Judges py sne suosequeLe ac!, uie gac amshmo
or Inteht, ioi "o'" e"'o''o'" " ""''o'' '"'e' 'o'
Secretd;
On tne o1ner manu-, tne COUNSEL .or II. ane az
cuseu reneu upon 'Ie pios'sionS y, .uo nf penS
cooe ih tIiat'Un ,hat & ~ aS.u ho hold pr,,;It
PIo.lue .naI ~ pcLsoh saan W S;e, u Iua suao
VI ols.y MmoSo o"t;uo ~ uo"rS wiz i'Sr;or !,
aDsee ,Ut mse err;a"nS w;tho9t he;nG spu Luo,r
.ne SeIonu ,..n'. ,;;i,; ,ha@ t;n,o 70 hs l;.;o@
SuTn IN rpp,is pu "a +ba aronmen, of the D;str;c
ali nt,or,av n, ps hs ,,rced mon tbe conrt that i
o,;ro;nai m,ottsrs !, won,d he a danoero,,
4 AhdloSio ~ WouLN ~ 49,,