New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-21
Az AMERICANS MARRIAGE ABROAD.
MRS. HYyEs SUCCEEDS IN HER SUIT

MRS. HYNES SUCCEEDS IN HER SUIT.
JUDGE DALY's CHARGE CONCERNING MARRIAGE LAW
-TuR JrRY's VERDICT FOR THE PLAINTIFF.
The crowd that completely filled the Com
mon Peas Courtroom In winch Judge j. f. DAILY sat
Yesterday morning. indicated the interest that felt
IA the conclusion Of the Hynes-McCready suit Tue
verdict would determine not only whether the plaintiff.
Mrs Mary -. Hynes, should obtain possession OF her
portion 81 the large estate Of the whom she claimed
"a hn band but also whether she actually his wife,
and whether the two brght'accd boys, whom she
brougnt with her into court. were legitimate. Mrs.
Uyncs was surrounded by English friends and ~
the little boys stood on either side OF her. while Joseph
The charge of jude Joseph DAILY dwet at length on
the law OF marriage There were six questions he sad.
legged contract between ". X Hynes and the plant IN
Clraycund-t London, w.s an actu, marr1ge; The
complained Ia Mr. Hynes that be had not fulfilled his
prons, Of marriage 1a e to her. He said that he did
not believe In marriage ceremonies or the mumhlng of
preSts hut II she would promise To he faithful 10 him
lac would consider her his wife, and thercupon he gave
her nng Tie jury would determine whether this sc-
the mex, ancs:icn was whether they actually lived to-
geher man snd wife. There Was strona proof that
he feauently spoke az her Mrs lynes and introduced
her a. his wife On the other hand there the bank
checks which she admitted she had signed as Mary f.
saunders also the register of the birth OF her chill
,iren under tho OF saunders. T1c third inquiry
was Ia the residence and domicile OF William H.
Hvnes Was he ~ the time when he made the contract
Of .rrage In London citizen Of Sew-fork, or Was lie
hound by the regul atoms binding upon citizen Of Lon
don. IN the method Of hs mariiagef There were
witnesses rs TO his residence III New-fork, AMI
on the other hand. these were communicated. sac
Jury would tLon consider the Intention az Mr.. Iyncs
WHOM be made the alleged cOntrac-Wheter be actually
intended tU make bonahie marriage with the woman
Tho next question related Ia the character OF
the alesel marriage ON tie EnglSh Channrl The
plaintiff testified That "Den sue expressed DOUBTS
her: Crossing tho channel viii, at all events,
jrgaltze H. Bur IL yOu have doubts again lay you
here upon the high seas that take you foi my WIFE a.
long as you remain faithful You are wife" TIE
last question for the jury wa. as to the alleged MARRIAGE
under the laws OF France Ihe jurors were cnarSd 20
mud separately upon each Of these questions ~ their
verdict was la c am ihate On the ~ q. ,o
or Oh either OF the last twO they would hnd Tor the plain
tin.
coaaton Of the parties and their recognition as man
aud wife, Judge DAILY said That tins marriage wac per
ecty valid under tho common Law II was tecotnlLed
I'm NeN.York France, Scotland, aud most European
countries but in England marriage wa6 invalid unless
performed In accOiducc with certain esefbcd FORMS
Although the marriage laws OF various countries were
different, all OF tbed marriage liSei Wa III. elhe
the contract between and woman 10 take each
Judge Daily continued can add any force to
that. The priest and thc magistrate are said
Ia marry people; but really people marry 'heii,
selves by the law Of England the priest aud
magistrate indispensable Witnesses to the ceremony
but by the law of Ncv-York any persons-eyen the
parties tlemselvcs-arc good witnesses; -, A.,
As to the marriage Oh the English 'hanne-on the
English vessel and therefore they we're nos witnln
English territory II the larry believe wllt the piaiuH
has testified 20 a. TO 'he words OF Mt tlynes-l tahe
yOu my wife they will give yeruict lOr hef;
Nothing could be srOuscr THAI That, ana IL wds Naid
contract OF marriage
have Land Gown that made III tho English Chnnuel
II valid contract there BENG no PROOF OF Ia" 10
THE Iaror were ont not ore than half On hour. Most
Of the spectators remained 10 listen 10 the Vcrilct Inc
uiy found Tor thc plaintiff. answering eGth OF the slN
Questions in the affirmative and giving tue PANT II
back Tcltal 81 800 the property recovered Whcl
the foreman announced tie verdict. Mrs. ynes pressed
her two boy. 10 her breast aud u smile broke over face.
stay Ot proceedings for Sixty days pthhng hiotoI
new trial, was obtained by the counsel ior ih' ut"