Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-10-21

A DIlS6 NAN welded To A DIVORCED WOMAN.
There is on hearing in the Equity Court, Judge
Macarthur, case OF more than ordinary inter-
est. 1t is the suit Of Amanda Best agt Peter
Best ct al. The bill is filed by plaintin, and asks
that her dover in the estate OF the late Anthony
Best be set apart. Anthony best was native
OF Alsace, France, who came to this city from
Buffalo In 1912, and was employed In the State
department for several years, died at 421 18th
street northwest, at O'Clock on the morning OF
March 10th, 1876, leaving considerable real es-
tate valued at about $50 0OO and several thousand
dollars worth OF personal property. He was mar
ried about O'Clock the afternoon Of the day be-
fore he died to Amanda Jones, who had been di-
vorced from her husband (Scott, and who had
been acting as hOusekeeper for Mr.. Best since
some time in 1874. She how claims q dover in
terest In the estate, and the defendants tthe
heirS-at-law of the deceased claim that at the
time Of the alleged marriage Best was totally
unconscious, and was incapable Of making a
valid contract, and that he so remained until he
died, about O'Clock the next morning. The
testimony was taken by Mr.. Cruikshank for
plaintiff. and Mr.. Oliver for observation-disclosures
J. P. Jordon and j. Amber Smith for plaintiff
and MeSSrS Charles Pelham and l. G. Hine for
the defendants.
TESTIMONY AS TO THE MARRIAGE.
On the part of the complainant Hon. J. NJ.
Leech, of North Carolina, testified that he pre-
pared will for the deceased to sign but it was not
signed because OF the difficulty in obtaining wit
nesses to 1t about the time of the marriage; and
on croSSeXamination he said he regarded Best
as being incapable of making will at that time
but that the marriage was all right. Rev. s.
Domer, of st. PaulS Lutheran church, testified
to performing the ceremony. All the parties
were strangers TO him, but he recognized Mr..
ROmaine as the party who came for him, and
who stood at the door while the ceremony was
being performed. Beside the complainant, Mr..
Leech and ChaS. A. Best were the only persons
present. Best was very sick at the time, and he
did not hear him make any response, but he
thought that he was conscious. Rev. Father
Walter testified that he visited Best on the Sth;
found him very sick, and annointed him for
death. On learning that he had subsequently
married divorced woman he communicated
him and refused him Christian burial He
otherwise he would not have accommodated
him. Mrs. Lockwood, VIM. --Pettibone, Arthur
ROma1ne and A. L. L. Reese testified ulat Best
was competent to execute a contract Of mar
rage.
TESTIMONY THAT BEST WAS UNCONSCIOUS AT THE
TINE OF THE MARRIAGE.
on the part OF the respondents, DR.. d. W.
Bliss testified that Mr.. Best had the pneumonia
for eight days before his death. and during the
last three days of his life he was unconscious,
and he died OF gangrene of the lungs and he had
days before, and he failed to respond to any
questions several days before his death. Mrs.
Larner was with him the two last nights Of his
life and he had been unconscious for two days.
Chas. A. Best testified that when the marriage
ceremony was performed his brothers eyes were
fixed on the ceiling; that, when the ceremony
was performed Mrs. Scott was holding deceaseds
paralyzed hand, but he (deceasetD did not move
eye or lip or give any other indication of con-
sciousness. When the minister asked the ques-
ton of deceased he paused and Gen. Leech said
"He says yeS" and the minister proceeded.
Mrs. johnson testified that she had lived with
Mr.. Best as his housekeeper before Mrs Scott
came there and heard him say that he did not
intend to marry again and would not marry a
divorced woman because the rules of his church
forbade it. Mrs. NJ. L. DeprO testified that Mr.
Best was very low before his death and he never
spoke after the ceremony.
THE DIVORCED WIFE.
The complainant in this case was the defend
ant in the divorce case of Francis NJ. Scott
against Amanda NJ. Scott, in which the husband
was was divorced IN FEBRUARY, 1860 The petition in
1868, and charged that she deserted him in May
1873, and that She committed adultery with one
Nicholson and with divers other persons.