The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1884-01-25
MARRIED OR NOT!
A Question Which is Troubling the
Legal Wiseacres of Indiana
The Case of n Couple Who signed a
Marriage Contract Until EeRth
or Divorce should Them
Part.

MUNCTE, Ind, Jan. 25. The Delaware cir.
cult court is now investigating one of the
queerest cases of marriage which have come
before the notice of the legal fraternity &C
quainted with the case in long years of prac,
tice, and one which, if tested, as it is now de-
signed, may lead to practical change in the
marriage laws of our state.
The case referred to is that of Seth NJ.
Written, who claims TO be married to Maud
S. Macarthur hut with whom the state will
undertake to prove he has has been guilty of
fornication. The case is peculiar one, and
the particulars as follows:
Mr. Seth W. Written is lawyer of Union
City, an apostle Of temperance, and withal a
reformer, if his claim to this particular case
may be believed. He is small, weakly, has
thin, straight hair, and wears glasses because
Of weakness in his eyes caused by disease
contracted in the army. Some time last
spring Mr.. Written, who is q widower, be-
came enamored of Miss Maud s. Near
thur reputable young lady, who made her
home at the Maddy house-not as a do
nestle. and not yet quite one of the fam-
lily. Boarding at the house he became quite
intimate with her, SO much SO as to occasion
some unpleasant comment, when they both
moved to the house Of private family,
where the course of true love ran apparently
smooth until the family became dissatisfied
and demanded to know the relations existing
between them when Mr.. Written produced
a written agreement, mutually signed, but
uuwitnessed, agreeing each in the sight of
| God and the world TO take each other as law
full husband and wife to have and to hold,
etc, until death or some competent legal au-
thority" should them part
Both parties claim that they were legally
| married by that unwitnessed agreement,
without the offieious aid of legal or minis
terial aid, and they, moreover, claim as their
| belief that it is the only true marriage, and
| that all ceremony AID reI-tlpa legal Access
SORES are but vain show, and Of no weight in
| the sight of God
| At the fall term of court, however, Whit
| ten was indicted and arrested, and gave bail
| for his appearance, and the case was called
in open court Mr.. Whitten's defense is that
the contract was legal marriage, and
cites as his proof thereof Section $3.50 of the
| Revised Statutes, which says: mo marriage
shall be void or voidable for the want of IL
cense or other. formafity required by law
if either party thereto believed it legal
marriage at the time"
The best legal talent is divided as to the
merits of the case and the prosecution holds
that the section referred to merely refers to
instances where an attempt has been made to
comply with the mandatory statute as to
legal forms and ceremony, but by mistake
or design of one party some one or more OF
these forms had been omitted, and that it is
for the protection of the innocent party in
such cases
Mr., Written was at enc time offered i'm
munity from prosecution if he would call a
preacher and be welded according to the law
! and the custom, but he stubbornly refused
and persists in being tried, claiming lauda,