The New York herald., 1878-10-13
NOVEL MARRIAGE CONTRACT.

YOUNG COUPLE swRAa "ro BE AND TO
LIVE AS HUSBAND AND wIFE"-THE GIRL
SAYS SHE DIDN'T MEAN TIN COURT AND
OUT AGAIN.
A writ of habeas corpus was obtained few days
ago by Counsellor Robert johnston behal' Of Will
lam NJ. Armstrong, Jr. from the Supreme Court,
Kings county, directing George AppleRats to bring
his daughter Ada before the Court. The writ re-
quired Mr. Applsgate, who is butcher and hsh
dealer in Myrtle avenue, near Adams street,
Brooklyn, to show cause why hts daugh-
ter should not be allowed to 60 with
the petitioner, who claims her as hts
vile. Ths petitioner, plato looking. youthful man.
was present during the proceedings before Judge
Pratt yesterday, put had no communication with the
young lady. who remained seated beside her father
Sne was very pale and trembed psrceptibly when
called to the witness stand.
Mr. Johnston read the following novel marriage
agreement, which was handed 10 tho Court
To WHOM IT MAY coscEns :.Th.t Is 70 say. william
asashs Of Of The
place. olemny swear and place our before A.
aud 10 and wife from this time
'isi sisnsa N az sd.a Nay. v.r1o.e
ADA f. APPLEGArE.
witness-FRANxLIs L. PACKARD.
Miss Applegale testified that sne was under
stra Mt whatever said that she preferred remain
Ing with ner father and mother. Judge Pratt asked
The young LADY TO withdraw, which she did, accom-
pan ying tho Judge to the ante-shamber, whore she
was questioned privately by His Honor and Judge
GiIberI On his return to the bench Judge
Pratt said that he was satisfied that the
lady was not restrained OF her liberty. The
contract, above gwen, was then handed to Miss Ap
plegate by tho counsel for Ar. Armstrong, ana she
Identified II. She first 1t at her iather's house,
Sha ad mil M ad with
Armstrong year before It was signed,
but tnere was no engagement OF marriage.
Wnen she attached her signature to the paper
she had supposed sna nas a,n,a %srsy . mssnS sn
never lived with Armstrong as HIS wife. She read
the paper before signing Il, and since then ne had
spoken OF as his wife, and she had addressed him
as husband, but never in pubic.
THE Witness TESTIMONY.
franklin s. Packard, drug clerk, testified that he
| met Mr. Armstrong one evening aud was asked by
him to 60 with him and witness contract OF mar
| then read 10 the contract or agreement, anu
| wnsn asked by sns witness, "Do you consider Inc
psoea 9t TIL. no hsn ss'
| Armstrong to MISS Applegato's residence, where
tney were admitted to tue hallway. There, At tue
foot the STAIRS he witnessed the contract. Arm.
sIroug introduced The witness to MS intended say
to witness contract oil marriage between US" Mr..
Packard then read the contract aud handed TO the
lady, who IN response 10 his quest'ons replied that
she comprehsnded the paper aud considered y legal.
| s.Are you OF agef" he ASKED. al sm," tho
| lady repIled. Mr.. Armstrong;, according TO the
witness statement then said, By the terms OF this
contract take you 70 be my lawful wiie" To which
tho Idy responded, "By the terms Of this contract
take y you 10 ps my lawful husband" Mr.. Armstrong
then placed a ring on tho BRIDES finger ana kissed
her Alter this ceremony pom and INK we're obtained
| nat rack IN ths hallway. The witness then took
Mr Armstrong was the last witness He testified
that Miss Appegate had prom ised TO become his wife
before he drew up tho agreement; he was twenty-one
years OF age ne SAID shs marriage was consummated;
mn rad hal NAv hecl A In
Appegkte's sister and friend were IN the parlor NJ
the time.
ing ner iather's arm lett tho court and
cvnsolate AIR. Armstrong behind. The question to
tho legality oil the marriage Will II Is thought BIO de-
| cided IN some future proceeding.
THK LADY's FATHER SAYS.
HERALD reporter called yesterday afternoon upon
| Mr.. Appesute He said:-' have known young
Armstrong about twelve months. He has no business
that know Of other than that he tries 10 1--we ON mis-
wits aud ami got any wits 10 i've He is tho
| OF iurrer, very respectable man. rhe young fellow
| used 10 come to my house and would SIT ON the
stoop IN the summer evenings with my vile, my
daughters and myself anu tax various subjects,
bu, never Tor "a moment suspesisd that ne was pay
ing his addresses to Ada rhew way iound II out was
| on Wednesday last, when got key that opened a
| very handsome workbox had gwen her Tor birth
/ day present opened tue box aud found there the
| paper that he calls a marriage agreement asked
| my daughter to tell me The truth whether she was
Maff,so ana no, %arr,.u Ii I'M ~as wouau,t You and
i ma know tr said nOpod so, as she had always
oesn good sirL was standing on me Sidewalk ~ "a
me piece OF paper claiming 10 be tue marriage
agreement. You sss." said Mr. Appiegate, with a
up such papers He asked me II l was
no. not by damned sight, and that he'd better Keep
away IRON my house. Tho day following ] was
ing a TOOL OF himself. My daughter don't care any.
| thing at ali about him, and have lived TOO many
sis ins hands Of SUCH saca man ~ NV vile Is 10 delicate
health and very much annoyed by This affair"