Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-10-29


Alice Evans, and witnessed the marriage cere-
mony between her and David A. Long, perform
ed by Rev J. B. Traywck, on the 18th of March,
1885.
The State then submitted a memorandum,
agreed upon by counsel, as to what constitutes
legal marriagein in North Carolina, under the Stat
utes of that State and United States Statutes,
follows, viz 1t is admitted that the following
is the law in North Carolina applicable to this
case: l. That a marriage ceremony performed
before a justice of the peace (the contracting
parties being eighteen years of age or upWards)
is legal, and if under such age, illegal 2. That
a license is not necessary to the validity of the
marriage, but only subjects the party performing
the ceremony to Il penalty.
| The State then rested.
David A. Long, the defendant, was first put
upon the witness stand by the defence. He tes-
titled that OH the Bird of September, 1876, he ran
| away from his father and went to the house of
| Michael Dellinger, in CASTOR county. They told
him that if he should marry Mary Hovis he
would then be free from his fathers control. He
| objected, giving as a reason that he was under
| proper marriageable age. Afterwards he con-
sented and went to the register of deeds for Ii
cense, which that officer refused to grant. Mi
chael Dellinger, his brother, Mary Ann Hovis
of the peace, for the purpose of having the mar
riage ceremony performed. Kiser asked for
marriage license, but none was produced to the
| knowledge of witness. Witness remained in
the neghborhood until 1880, when he left the
State. Mary Ann Hovis was older than he. He
returned to North Carolina in 1881. In the mean
time child was born to Mary Ann Hovis, of
which he thinks he is the father. Sometime sub
sequent to the marriage at Kiser's house, Mary
| Ann Hovis asked kiser if the marriage was le-
gal, and he told her it was not, and gave both he
| and Mary certificates to that effect Am car
penter by trade, and worked at that tradei in Rock
| Hill, from November, of last year, to March OF
this year. Did not conceal the facts of my mar
riage with Mary Ann Hovis from the people OF
| Rock Hill with whom associated. His arrest
after his marriage to Miss Evans, was made upon
his own statements. He had told Miss Evans
| before his marriage to her that he had ran away
with Mary Ann Hovis to get married but the
marriage WAS not legal.
On cross examination he said he told DIR.
Glenn, of Rock Hill, that he thought his mar
riage to Mary Hovs was performed by Bap-
! tist minister. The reason he attempted to evade
arrest in Rock Hill was that he feared the peo
pie of the town would do him violence. He got
out of town, about half mile from the central
part, and wrote note to Miss Evans, telling
her where he was, and asking her to come and
see him and he would explain all The note
fell into other hands, which betrayed his where
abouts, and party come up and arrested him.
| Re-direct-Soon after my arrest l gave bond
and after going to North Carolina for a few days
returned to Rock Hill and resumed work at
my trade. A short while after that my bonds
man surrendered me, and have been in Jail
eyer since.
William Long testified that he is the father of
David Long. David was born in February,
1861 and left him in August or September, 1876
Witness knows Mary Ann Hovis. She is older
than his son David.
| Amos Long, a brother Of defendant, testified
that in 1877 he was at the house of Justiceofth the
Peace Kiser and heard Mary Ann Hovis ask
Kiser. if she was legally married to David Long,
and Kiser replied that she not lawfully married,
and gave both Mary and David certificate to
| that effect
The defence closed.
| In reply the State recalled Mr.. Kiser, who tes
titled that on last Monday Longs father said to
him that David was about seventeen years old
when he was married to Mary Ann Hovis.
Miss Alice Evans testified: I know David
Long; was married to him. Previous to our
marriage he never said anything about having
ran away with woman. He never told me
anything of the kind. He boarded at our house
five months previous to the marriage. After
his escape from town he wrote note to me,
which Isent to Mr. Bona Johnson, and it led to
his capture. After we were married he told me
that he came very near being married once be-
fore. We were married on the 18th of March
and he was arrested about the 23rd.
The State here closed, and after argument
and the charge Of the Judge, the jury retired and
returned verdict of not guilty.