The democrat. [volume] (Weston, W. Va.) 1868-1874, 1874-02-09
Two Wives at Once.

Temporary absence from home tribe
OF natives made raid on the settle.
ment and plundered and burned his
home, When he returned TO find this
scene OF desolation he searched tho
ruins and found human remains, which
we're supposed to be those OF his wife
and children. Search and inquiry were
made in other directions, but proved
fruitless and after the lapse Of several
years he gave up all hope, and believed
himself 10 be widower. He removed
to California, settled in the yirtuous
town OF San Bernardino, and finally
married again. The fact was, that the
first wife and children were not killed,
but were carried of by the sayages |;
and when they OF last escaped, the faith
full wife traced her husband, and came
to his farm house in San Bernardino,
leading back 10 their father the chill.
dren she had rescued and preserved.
Here was a quandary for the husband
and father. BE could not, like Enoch
Arden, slip of and leave the two others
TO themselves. he could not make
choice OF preference between them. he
had legally married the first. He had
innocently and in good faith married
the second, supposing after tho lapse
OF more than Ave years that the first
was dead.
In such cases the common law de-
clares the first marriage TO be upim-
paired, and the second marriage 10 be
totally void, The statute OF bigamy
does not punish the man for contract
ing the second marriage II II was done
in good faith after FIVE years reasona.
BILE belief in the first wffe's death but
for every other purpose the second
marriage Is, at common law, nullity,
the husband contracting il is stigma
tized as an adulterer, and the children
OF It are illegitimate.
In the early part OF this century q
case occurred In New York State which
put the harshness Of this rule in astrik-
ing light. A man abandoned his wife
in New York, and went abroad, leaving
her to struggle alone for her support.
After twenty years had passed, during
which he had made no communication
with her, and she in good faith sup
posed he was dead, he returned TO this
port, and, ascertaining that she had re-
Gently married another man, he quietly
went away, leaving the new couple 70
themselves. After another long Rb.
sence, during which he accumulated
property in the West Indies, he seems
TO have been disturbed by the idea that
this wife, whom he had for some thirty
years abandoned, might, on his death,
claim shHre in his estate. He accord
ingly returned again 10 New York, and
brought suit against her for divorce,
on the ground that she was guilty OF
adultery in marrying again while he was
living.
The court gave q decree in his favor,
thus condemning her, and declaring
her children illegitimate. The same
decision by which her former husband
thus cast her of adjudged her second
marriage To- be unlawful. The cause
came before Chancellor Kent on her
application for q rehearing. he held
that, cruel rs the rule was, Il was indis.
putable, and however innocent or meri.
toriouB the conduct Of this wife, who
had successfully reared her children
under great difficulties, she was in the
eye Of the law living in an illicit rela-
ton. Fortunately for her, however,
the Chancellor found in tho fact that
the returned husband had not been in
New York long enough TO acquire q res
idence, q legal reason for holding that
he could not maintain M action, and
upon this technicality the old gentle.
man was turned nut OF court.
Not very long after this the present
Revised Statutes Of NY. State were pre-
pared, and the Commissioners, among
whom were the late eminent Judge
Duer and Mr.. John O. Spencer, recon.
mended that the law be changed in this
respect. The Legislature adopted their
suggestion; and since 1890 It has been
the rule In New York that after FIVE,
years absence OF a husband or wife un.
heard from, II the other party marry
again in good faith, under the mistaken
belief OF the death OF the absentee, the
second marriage Is not absolutely void;
but II may be dissolved by the court on
the application Of either Of the parties
during the life OF the other. The effect
OF this is TO protect the innocence OF
those who are married under mistake,
and to preserve the Legitimacy Of the
children, while enabling either party to
annul the second marriage and restore
the relation existing under the frat mar.
riage. Such has been the law OF New
York State since 1880. The other States
have not generally adopted this change.
California has recently done so.
In the alleged Oades case neither par.
ty is willing TO sue to have the second
marriage annulled. The husband, hay.
ing promised to support and protect
each, is willing to support both; the old
wife has found home and an asylum
afterher troubles, which she is unwilling
10 leave; and the new wife consents that
she remain under the same roof. Gu.
riously enough, II there were no second
marriage, but II It were a case Of concu.
binage, tho good people Of San Bernar.
dino would not probably trouble them.
selves about the matter except to stand
alooi from the parties as prohigate.
There are those who hold that in such
a case It is the husbands duty 10 stand
by both wives, II the law permits him.
II is said each has innoGently become
his wife, and II they can agree to share
him he ought 10 fulfill his obligations
to both. Il would be more just to say
that the first alone Is his wife, and bis
duty TO the second is limited 10 afford.
ing to her and their children that sup.
port which she has right to rely on.