New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-26
THE BTRNE BIGAMT CASE.
WHY No INDICTMENT WIS ForNn.

WHY NO INDICTMENT WAS FOUND.
ASSISTANT DISTRICT ATTORNEY IYoN nolps mai
GYENr CANNOT M PUNISHED HERE nFCAUst
1mr sTCo>p MARRIAGE CEREMONY rooK PLACE
~ CANApA-JouN L. townships CONTRARY
OPINION.
The Grand Jury of the General Sessions
ms dismissed the Nm against Charles A. nyrue for
mrau,s some at the Grand Jurors ON being asked In
regard to the dismissal ~ the h said they were per
f,,ily aatsaed with The evidence furnish cl M the case
aud that they astonhcd o. learn from the Assist
ANT Di.uiri- Attorney that bigamy was not punish
,hr crmr BOO thl. state when the celebration ~ mar
r,rc had taken place IN foreign State They were
howe, ~ required accept tho Assistant pi,rict A.
tornrvs construction Of the law and consequently had
uo alternative "a spite Of The evidence. except @ ds
miss me hu
Assistant District Attorney ryon IN conversation vcs
torda, Vuh THnuNE reporter was asked ~ 60 tho
dlsmiss,i oi tho hil
"Th,te was NO other course opcn," said Mt lyon
Hero h. the faw a. laid down IN 'Mbortou's criminal
law 'rhe American acts are founded In principle
uran thv ng,h statute n thc Ntst MARRIAGE Doc abroad
,na hc sc,ond ~ Enrlaod the casc is Within the Ene
u a,t hat f the Hrst MARRIAGE hc w Enrland and thc
sr,ou ahyad a. suot WITHIN thr act hecaWsc tho srccu
mattae, wbich elonc constitutes the o8,no, i Fac,
dano Within anothv, iutiect,Nn. spd thoneh ,pqUahc
how ~, sOn,c purposes Tao an ,tapsucN acts pot by
thr rulc ~ thc common law, rcosp,ssbc a. ct,mc'
toe patterWtS Wll, Nsvl ia thls S,a,c somv YEARS
i,nn Mo,hrr m,u,cia Nlc m rhuadcph,a, lived with
n,g n taat Sao ,cNcal years. tbvU lct hvrWvpt o.
,artda aud there matticd another woman Ito o.
reside with her va ths state THO ease was on appeal
h,d not 10 be offence aeaips, the aw VI thc state"
"C,u married man, ms vito bVius alive at the tune.
~ over 10 NcWjcrscy, marry woman ,hcrc, end 1--we
here with bet without interference I" asked the "
portcr
"Ncs. ITS legal wife could take proceedings against
him IN NewJcrscy, but he would have 10 be extra
lifted"
"Iu the case before the Grand Jury yesterday could
the accused porsou he punished Canada where the
marriage took placer
"Cortauly but YOU catch your hare before You
kntL"
"wcll. then. under that law Ncw.York man having
a WIFE may 80 to Canada. Mexico. England. Germany
aud ~ many other countries as he pleascs. marry
men IN each one OF them bring them all the state
and live with them IA open violation of al the laws OF
morality and not br amen hc To thc criminal law 7"
IN, legal VIE institute divorce proceedings, aud
Ru IN the ease referred TO that IS Just what the ac-
cusci man wants. Has his lawful wife no other re
well" replied Mr.. Lyon "she must first bring the
accused within the jurisdiction OF some Court.
suppose that the man has married hall duzen wives,
you suggested, and ON his way hack To tins conrtr
@ !" y ~ s Wv ne n,it I'm T ~ mn, ~, 49, ne
brought within the jurisdiction Of the Court before any
De living IN open adultery, that H. according TO the
OF this state only an offence AGAINST morality, and he
cannot be punished Tor H.
JOHN u. ToWNsEND'S VIEWS.
John ID. Townsend, counsel for MIs. By1nc. when
asked by TRIBUNE reporter for his opinion Of the
action o. the Grand Jury, replied:
"Isimply think 1t was NIL wrong, and think shall
he able 10 satisfy the Disirct-Au orncy, who in my
opinion acted rather hastily that he wrong IN
recommending dismissal OF the bil. There i0 only one
case In boks that can he suggested iu'hanty
10 sustain the dismissal OF the b and that Is not IN
point. IL Is 4 in the second volume of Parker.
married couple resided IN PENNSYLVANIA. The marriage
took place IN that State, and neither % them had been
rosiient Of the State OF New York The husband
ried again in Canada and came rcsid" this city
The only point really detcr'3cd IA that was that
ceurts OF this state uwr nrihng tnc lrsidrAts
other States All that was SAID by The Court ia that
beyond that was mere dictf
~ marriage IN thiS State Ia mere contract An
agreement to take each other marriage IN presence az
witnesSes followed by oO9ao;tRiiou. /. MI that Il re.
auIPed 10 axe 10 loyal In the OF rne aud Alta