The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-03-22

II Capitalization ever proved marriage then it had
been done In this case She also expressly swore that
the marriage ceremony between her and Mr.. Oliver
was performed by his bookkeeper. He might have
been Justice Of the Peace. for there nothing to
show he was not. 1t frequently occurred in Massa-
chusctts that business men magistrates and 1t
might be the same way in Kentucky. Taking this
state OF things into consideration, she not
estopped from saying that she not married? 1t
cannot be denied that she was passing as widow.
She told MI Cameron that she had not heard from
Mr. Oliver for many years, but admitted on the stand
writing to him down to within six months OF this
trial. also, she stated that she did not know whether
The CourteYou claim that cohabitation is mar
riage for all intents and purposes?
General Butler-There was never case for jury
where there only witness and that witness
swearing all one way.
The Court-Don't she swear two ways?
General Butler-H she does then you ought to
The Court-No. will reserve my decision for the
present upon the legitimacy of the marriage and the
effect OF it upon q contracting party.
MR.. OLIVER SWORN
General Butler-Call Thomas NJ. Oliver.
Mr.. Oliver came forward.
General Butler-Let him DO sworn.
Mr.. Darneille-Hold on, object. want him
first his poir dire to to his competency
The Court-Well. if you make that objection,
to be Se Of an
object upon this ground will settle this very
promptly.
Mr.. Darneille--I do not wish to be captious about
this matter and withdraw my objection.
Mr.. Oliver was then sworn and examined by Gen.
eral Butler. He said that his name Thomas Mar
shall Oliver; in the year 1885, in New Orleans and
Raleigh N. c., he was doing business as u merchant
New York to buy goods; he met the plaintiff MRS
Oliver at Osborns masonic regaa establishment.
in that city working he visited that city again in
for her and found out that she had left there; he
visited New York again in the spring of 1851;
with other persons, he visited assigna-
ton houses while waiting in the parlor
she gave him history of herself, where she
from and who she was she told him that she came
father s'd in is4s; they landed at Quebec.
but not getting along we'll there they went
to Montreal and next to New York, whore
seduced while employed at Osborns by man named
Johnnie Plat. under promise of marriage; that
she had child by him. which was born alive but
afterward died; this occurred between the first time
he her and the meeting at the asslgnation house;
her name then was Mary Ann Mccartney; she never
said anything about the Duke Of Armand Butler
family other distinguished people; he met her in
New York number of times and passed several
nights with her.
THE JOURNEY SOUTH.
In the year 1861 he made arrangements for her to
go with him South; he was in search of vest and
coat makers and told her that II she would 20 with
him to Raleigh. N. c.. he would give her employ
ment and never expose her past life she agreed to
the arrangement and he took her with him to Meth
Carolina; she said that she never had been that far
South before; the witness mothers name was
New York to Isaleigh and never heard Of the woman
until he brought her to North Carolina the plaintiff
ns sd ooner s in @ h
went to New York three times. and on one of these
Journeys he took her back to New York with him.
she had been with him then only two or three
months when he got her back to that city he left her
there; he stopped with her ut Petersburg. Va
Stuart; he had nothing improper to do with the
woman while she was in North Carolina; Janu-
airy 1882 he left Raleigh for Louisville Ky to set
up merchant tailoring establishment and clothing
house; in 1852 he again met the plaintiff in New
YORK and sent her to louisville with MS ne2new
Carolina until 1853; when he met the plaintiff in 1851
she said that her age was nineteen and she was not
educated he directed his nephew to board her where
he (the nephew was stopping, at the house OF Mrs.
Biggert public boarding house; he directed
the foreman of his shop to give her vests to
make and it was done; he went to Louisville in
May June and found her at Mrs. Biggert's he
suggested that her education was imperfect and IL
she would 90 to school he would send her and pay
for it; she consented; she claimed to be Catho
lic he sent her to convent at Portland. KY; she
seemed to be restless and wanted to return to Louis
vlle and finally did then he sent her to Metho
dist school in Bloomseld Nelson county, Ky.. kept
that she took the of Cooper she remained there
session, about five months, and then came back to
up that time there had been no improper relations
between them up to that time he was trying to re-
form her. but reformation seemed impossible.
WITNESS RELATIONS PLAINTIFF.
His mother not in Louisville ut that time and
had nothing to do with sending her to schools it
after she returned from Bloomsfed that he com.
menced living with her; that was in August, 1854;
his mother in Louisville OF that tme he rented
n house in Walnut street for her. and until June l.
$780, they lived together in different places at which
time he left her; June 5, 1860, he married his
present wife; he never lived with the plaintiff in his
mothers house while in Lousviile his mother had
nothing to do with her. but she knew witness con-
nection with the woman; he had girl by her
died March o. 1856 she buried in cemetery at
Louisville; the plaintiff put up the head stone. and
on 1t was the inscription 'Tomne' daughter OF L.
There no in the plaintiffs name at that
time; he had another child by her living;
she was born March H. 1857; he never said she was
his wife, but she went by the name of Mrs. Oliver;
whom he first met her he was grass widower. and
mp to 1859, when he was dvorced that was
his second wife, she was in Newbern, N. c.. and
named Frances Maria Stuart. and that was where
the plaintiff got the of Stuart, and, strange
to say. his wfes fathers name WAS Charles Stuart;
he never heard calling herself stuart until lie
came to this city; he lived with the plaintiff until
June, 1860. when he quit her. and lived with
her since, but had her frequently; she had been
writing to him constantly since 1860 up weeks
not know about almost as soon as himself no matter
where he went; when he got to his destination no
very apt TO ind letter from her awaiting him;
she had written to every member of his family;
when he Quit her he claimed the child and
failed: in October. 1866. he was living in Gin
cinnati, Ohio, and received letter from her;
not At for anybody to read) saying that If he would
come 10 Louisville and take her and the chids
clothes out of pawn she would give him the child;
In October 1866 he made legal attempt to get the
child and the court decided against him; the letter
to him written after the legal proceedings COM
menced; he went TO Louisville, found her and the
child and they both poor they could
be; she had no valuable Jewels clothing then
to carry on lawsuit with she must have acquired
them since: he took the clothing out of pawn but
after she got IL she would let him have the child;
whenever she drew upon him for the child she always
got it, he received letter from her in the latter part
OF 1860 from New Orleans; appeals for aid for the
child very frequent and he honored them until
ne found she was deceiving him; he died in
Richmond as his presence showed; he never sent o
dollar her after 1866 he obtained possession OF
the child April l. 1867.
DISPOSITION or THE CHILD.
He received q letter stating that the mother had
abandoned the child at tho convent in Portland
avenue Louisville. KY; he went there, took her
swuy and put her with the Sisters OF Notrc Dame at
Reading, Ohio; she there from 1867 TO 1874;
Mr. Clements, OF Louisville, drew n contract by
which he was to have pos of the child II
signed by tho plaintiff and himself; IL bound
him TO clothe, educate and bring up the
child US one OF the first families in the State:
after this was done the plaintiff tried TO get up mob
70 take the child away and in 1874 for safety he sont
her to the convent in Rittenhouse square, Phiadel-