, 1880-05-07

IT,, ZIP !, left tho aame evening VIC werc mar-
NJ; Mills understood that tho marriage was
Mi, Ven Ruren remarked that he was not
going to !nVu my light nbout It,
ness, Nj. I.cavitt, who itad @ been unexpect-
etiiy chilled oli 10 intend a funeral.
The Court stated tint, 80 long as the de-
Noant wit for si Sia. il II tioy di"si a eso'itcst
NuGhtly.
Tho state's Attorney then closed ,,ls case.
ms ses;Sn - o ,9ns c q
larger ttlau Iii tho morning. but tl'a testfno-
ny tiitl not Golne up to iexgeetations as to
splctness. Miss Lynch. the CaTata wife, antl
1o sotice tS @ ot t tbo 9e efeendant Ma nc nor did he na
fest my interest in them, not even looking Mt
"Carrle," who wtls within few feet ot him.
Afr. Yum Buren, novel to strike out NJ the
The Court ovcrrulcl tire notion.
Mr. Van Burcn also moved that theState'a-
Attoroy S!ect p9n y wle', sott Of o liz
Tile Court also ant down OIL that, Oh tho
ground TINT 1t was premature.
btl.. VAN nt;tEN
then opened for the defense, claiming TINT
under the taw. Iii order tn convict person of
VlENllS lGlCf W. 1hf0 AlANtl4CA RCtaVu
IN Cook County, aln! at the same time l,aye
rIaga with Miss Lyncl. WIS valid because
there an w,o wss s 1T ''0 rs!s ias 's ts se Te!',
payls Us Hor husband; that Davis not only
believed that to te. the case, hut TINT It was
actually tile fact lie worfd show. that no
gc ega a ySnp yas psrisrea '1e " canaa sn Of
| one, they occupying tho position tHlt, III,
matter what nnrringc ceremony lie entered
into, he llad right to do It. lily expected to
qSs 9F aY y weqe lsga naSs app frle a m'' T.
Willie this. legal marriage existed, i,e nln,le
| tlle acquaintance of Mary Ann MnAIga,i,
| who knew hin as = nnrriSS, tx 1nal. md WHO
Ceremony W "" wss absolutely Will: Wliiie' iiv- M
rs it was Eranted lie Ind no wife. This, dc.
between DAVIS and Maggie was void, bccausu
| Mt tile time she llAd n husband living, md
therefore conld not be Davis legMl wife. But
flat ceremony was performed III Toledo, and,
aRainst JIG Stats i of iiinois. iiaV!ng no
| legal wife, tho marriage witt, Miss Lynch
WIS not q crime. lie would not state the
f t GssSats1 s 5 usd niSs II mneffps ops %n
l!o did. 1t might be Tint lo was, Davis
| thought ho was doing what was for tho best,
s,lppqslng that he was committing ~ crlIie.
Of tho case. aud its decision according 10 tho
| Inv mud tho testimony.
DAVIS. THE DEFENDANT,
| testified that le knew Elnma l.. Strong,
md was married to her iM Waterbury, VT,
Dec. 9, 1861. lie couldn't, tel who was
| present, nor who performed tic ceremony; ;
| lie had forgotten. lie got o divorce FROM
her lii 1871. 4 minister performed the mar
rfage ceremony ut tho house of Il friend, or
5 5saSs e Ct w HIT rr fo1 %s st hyoy f ws Jaaed s
but could not tell how long. subsequently
he lived in Portland year. Two Or three
| years utter he was married he went to Alr.
rettsrs lie s vent arst; hts i, ~; wite e., eon!ng
| WAS OPENLY recognized ~ his wife. llc Ind
| q CHILD by l,er. 1t was not ut .Potter's.
From Potter's he went to Hamilton.
meantime a. Jan.ison's Point, Emma was
| not there. She welt to Waterbury. IIe was
N California IN 1906, and llvel with l,er on
Ills return. IIo made the acquaintance OF
mat her at the International Hotel. She was
| q table-ElrI. She knew he was n married
man then, and at the ttmo tho murriuge cere-
/ nlony WIS performed.
"wuY DID YOU ENTER INTO THIS ALLEGED
CEREMONY
with Mary Ann ?" .-......-....
| For the reason that ! was perhaps little
reckless OH account OF my surroundings. 7
Was III Canada by colnpulsioll. l could not
REk JuSklCS Ill 6LlkL(sH, W&t3 Ill
Canada . fugitive. The result was / was ut
the mercy Of those who llnd charge Of me-
my father. Under these cIrctn.slanccs | be-
came somewhat reckless, md did rs others
"'Was tt Q matter Of notorioty ut tho hotel
that yon were a'married man%
! Witness continued: They went to jackson,
Mich, and were kliown there as Mr. and Mrs.
h1adlga1l. He was afugitlvc, mud slie knew
| It. Ue lived with her about year md a
1 half, but not after ho ca1no back from Cali
fornla. lie had never acknowledged her rs
Ills wife since then, except IN tic settlement
in regard to 'nlinioMy at Cleveland in 1850,
when lie gave her 1Go acres OF land by COM
| pnlsion. Ila first met Maggie In the fall of
1pIg esg Ct H. stPoaeoa g. 4E1Gs e. .r VT by liz liz
nanio Of
| Mrs. MATTE SMELL
nDo you know what her name is ?'
ut IL lard to tell. I wouldn't swear
whether her ,nnlse Is Matte, Maggie, Mar,
81 tilem.' Three months aftsrwardg, when
he returned. from New York, he took
hsr away. rh4t vas tn the er,sp spring of 1s7o.
@as plty saiI 1 paviss, @ ~ III di,lnt Do so be- q
fore" IND lle drew his hand over Ills fore
head as M 4 to show the Jury tint he al appre-
Setfd dda hs gosti1n; @ Ind T9y stopped Mt the K
"Wllero did you 20 from tlore?"
II do not wish to Atate the full aart!cu1ars,
knowing tllo responsibility ct tho answers;
est g1 o's ' SS Thox traveled ss ID
around until they. got to Toledo. They wero
driven out Ut Kntnnazoo by. his tirst wife.
At Toledo 10 married Maggle. or aecount
Elkliart. liz met Ills first wife at Datii.
''IInvo you ever seen certificate OF mar
rlago between Alaggie and ono Snell?'
Mr. MlIls objected, bnt tho witness an