The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-01-15

composed OF a person named ~ adeS, VINO
described as gentleman of good educatiC
and address, who has proved himself to
more practical than romantic, and WI
finds himself justified by the new la
code of the State, by which polygam
has been lawfully establ ished, to the gres
establishment of the lawy ei and the scar
dial of bucolic communit v The story {
Oades has excited great interest in the
State where the incident occurred, and i
cannot fail to prove equally interesting
everywhere as a striking proof of the way
IN which the law proposes and man dis
poses.
Two years ago Oades settled in San Der
nardino County, and realizing that it i
not good for man 10 be alone, fell in low,
with and married young widow. Th'
pair prospered and were happy, but after
ten months of welded life n startling
change occurred. A woman, wrinkled
with years and hardships, and accompan.
led by three children, appeared in the
county town. She made particular in
quiries for Oades, and was directed to
his adjacent farm. She went there with
the children, and was received in the
farmhouse San Bernardino was happy
| in the possession of mystery which might
prove mystery. The strange woman
and children remained in the Oades house
day after day, week after week. Rural
neighborhoods in California are like such
neighborhoOds generally, and everybody
knows everything about everybody else.
80 it happened that everybody speedily
knew that Oades was husband and father
to the strange woman and children, no
less than to the woman he had lately mar
ried andher infant. There was an instant
com motion. Everybody agreed that
something must be done about it without
delay.
Something was done. A criminal COM
plaint was filed charging Oades with Iiv-
ing unlawfully with the strange woman.
When the trial came on, he astOnished
San Bernardino, for he proved that the
woman was his lawful wife, whom he had
married twenty years before in England.
There being no doubt OF the fact when
his proofs were submitted, the complaint
was dismissed, and Oades returned to
his home to enjoy the society of his two
wives. But the 5usybodies returned to
the attack, and had him again before the
court on a charge of unlawfully living
with Mrs. Oades No.2. Oades took ref
uge i'll shrewd lawyers and the new civil
code Admitting all the facts, he assert |
ed that conviction could not be had, |
because the sixty-frst section of the code
declares " that the marriage Of |
person having former husband or wife /
living is VOID, unless such former husband /
or wife was absent, and not known to /
such person to be living five years i'm
preceding such subsequent
which case the subsequent
marriage is void only from the time its null
ity is adiudged by proper tribunal.
Oades easily proved the required fact, in
ioing which most romantic history was
The complaint was necessarily
dismissed, and again Oades departed in
triumph.
But Oades was indicted for bigamy
" hen the case came on for trial, we are
old everybody was present with his wife,
While Oades was present with his two
wives. The District Attorney attacked
he jury with moral homilies and Latin
quotations. lie admitted that the accused
vas ignorant of the existence OF num-
,er one when he married number two,
)ut argued that his voluntary cohabitation
With both was proof OF guilty intent %
iliti0. But all the learning and eloquence
# the District. Attorney were thrown
way. Counsel for the Defendant again
ound Il safe refuge in that marvellous
ode which - provides that no person
hall be held guilty OF bigamy whose hus-
,and or wife had been absent for five
uccessive years without being known to
uch persons as being living" The learn
ID Judge, declaring that this provision
controlled his action, direct
d an acquittal. Oades went home !
Iushe with victory, the happy possessor +.
# two wives, who were such in law after !
be trial as they had before been in fact.
There was great excitement in San Ber-
ardino over this result. The rural law
ers were almost crazy by their mental
xertion III trying 10 find a legal way to
ct the better Of the man with two wives.
t was an awful fact that polygamy was
established in San Bernardino. :
The help Of leading San Francisco law !
ers was implored, and even that of the :
lakers of the wonderful code. At last !
here was great hope raised. 1t was ;
eclared that suit could be instituted To
issolve the second marriage, and San !
was happy. But Oades and
is lawyers again came up armed with :
he marvellous code, which declares in !
ectiOn SO, subdivision 2, that such an ac-
ion can be brought only by one Of the par j
les to the first marriage, or one of the =
arties to the second marriage. Oades r
informed the community that :
e would not bring such suit; his two 3
Tives, rendering their regrets for the dis >
uiet their decision might occasion in the 2
minds of divers worthy persons, gave the r
anne information. san Bernardino sat I
own in sullen despair to contemplate .
as an established fact. Q
Here the story ends. Oades remains s
ne lawful owner of two wives, and Cal r
ornia lawyers are absorbed in the mys-
cries of the new code. 1t was never in q
ended, of course, that man should have |.
NO wives, but the law accords them, and f
ne courts mus: award them. 1t is the =
Id story of the man in the stocks over :
gain--he could not be put in the stocks a
,r his ofense, but he was in. The NOR q
of this case of most pacific polygamy Il
es upon its surface. Let Legislators be- h
are of haste and carelessness in legisla- n
on.