Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1874-05-15
TIRTyOUH -BIGANI.
From the st. Louis KepublIcan /

ri From the ST. Louis Republican,
San Bernadino, California, is ayi,
: tuovs plstce, and it is making heroic e1
l 1orts to remainso. There is just on
man within its borders who does no
conform to the standard of moralit,
} established there, and San Bcrnadin,
mas been wrestling nobly with tina
man. The man is strong. He an
!, pears to have the law ON his side. an,
IN four tuSscls he has thrown Sa,
3ernadino to the grass every time
and walked off victorious. That man,
name was OadeS, and he is an Eng
!lshlnan of good address, and he came
INTO the country two years ago. and
soon married pretty widow, Name,
toreland, and he prospercd, and in
creased and multiplied.
At length an Oldish worn woman
and three pretty we'll grown children
made their appearance in the town of
San BernadinO, and asked where
Oades lived. She Was directed to the
comfortable Oades mansion. The
door was opened to her and she and
the children walked in and STAYED
there. Soon the neighbors came and
p0ked their noses in, smelling for vice.
The family were perfectly happy and
contented and all as gay as larks. 10
satisfy the ncighbors' curiosity, Oadcs
told them bluntly that it was none Of
their business as long as his family
was happy. The ncighbors thought
differently. Billings had Oades brou chit
INTO court charged With adultry under
the act of 1910. Oades introduced
documentary evidence and proved that
the woman with the three children
was his lawful wife, having been mar
r1ed to him in England twenty wears
%. Nil .,onu DiilIngS ana San Bcr-
nadine to the grass and Oode. vain
ed home to his family. In d few days
Oades was taken before the same
Gf2Ar5 failT; av! ae1vtaEsed Z With open and noton:
under the eprotcctiono of the code, which
declares:
"The marriage Of a person having a
former husband or vile living is void,
unless such former husband or vie
was absent and not known to such
person to be living for five years i'm
proceeding. Such subse-
quent marriage is void only from the
time its nullity is adjudged by prop
er tribunal
The court then considered the ques-
ton whether Mrs. Oades No. 1 had
been absent and not known by Oatles |!
to be living for five years Immediately
his marriage with Mrs.
Foreland. Oades introduced this rO-
mantle history:
About eight years ago he was liv-
ing with Mrs. Oades No. j and their
three children IN Wellington county,
New Zealand. Their residence was OH
the frontier. Having gone on bust
ness to Victoria, the Maoris, native
tribe with which the English were at
peace, made an inroad into the settle
ment without warning. Returning,
Oades found his buildings burned, his
field laid waste and his family gone.
In the smoking ruins he found human
bones, which settled his doubts as to
the a5e Of his loved ones. He stayed
among the scenes of his desolation for
over year and then he turned his
back upon them forever. He came to
California, living in various places I'M
til his advent at San BernadinO two
years ago, as stated.
The court accepted the statement |
and held that Oades had been igno-
rant of the existence of his wife for
more than five years previous to his
second marriage. Oades was acquit-
ted and walked forth from the court
room once more to his happy home. |
San Bernadino had again gone t.
grass.
The next thing in orl0 for virtue
was to try Oades for bigamy; and
Oades was accordingly indicted. San
BernadinO and his wife were there,
and there were also Oades and his two
wives. OadeS' defense was under the
penal code itself, which provides that
no person shall be held guilty Of big
amy whose husband or wife had been
absent for two successive years, with
out being known to such person as
living. And q third time Oades and
his wives prevailed. They left the
courtroom arm in arm, with all San
Bernadino sneering at their heels.-l
What did they care SO long as they
were happy! -.
But San Bernadino is terrified. 1t
is caught in the trap OF the law
the new code of 1S72-and stands
naralyzexl before the awful reality.
After Oades was acquitted for big
amy, it was contemplated to institute
suit to dissolve his second marriage,
but the civil code declares that action
to annul such marriage can be brought
only by one of the parties to the sec
ond marriage. The parties to both
r arriages are satisfied, and will not
bring suit, aud Oa.les is still living
with his two wives in San BernadinO,
aud the law protects his household.