St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-03-11
A PECULIAR CONTRACT.
A Woman Denies Her Marriage in
Order to Get Her Child.

For more than two years past there
has been trouble in the household of
Robert Wood Johnson, drug mer-
chant doing business at No. % Cedar
street, and Referee John O'Byrne has
reported favorably on the husbands
application for an absolute divorce
from his wife, Ella Cutting Johnson,
says the New York Sun. The report
has not yet been confirmed by the court,
and it is said Mrs. johnson will oppose
the motion for confirmation.
Eleven years ago Mr.. Johnson, then a
rising young merchant, met Miss Ella
Cutting at the home of her family in
Orange. They became engaged to
marry. Why they dispensed with the
usual forms does not appear, but what
they did was to sit down and sign
paper running to this effect:
We agree to become husband and
wife, etc.
Mr.. johnson folded up the agreement
and put it away for safe keeping, and
that he kept it safely is proved by the
fact that when counsel for Mrs. john
son demanded its production OH the
hearing before the referee he produced
it intact.
AS man and wife, after this somewhat
cold-blooded style, Robert Wood john
son and Ella Cutting lived together hap
PLY for many years, and daughter
was born to them who is now about
anceS of the couple was a young lawyer,
Norman II. M. Melliss, of &C Liberty
street, who is described as rich and good
looking.
1t is alleged in the husbands proofs
that his wife left his house while he was
in the West and disappeared, and that
Melliss at the same time disappeared
from the city. Later on, when Melliss
returned, detectives were set to shadow
him and find the wife. 1t is averred
that Mrs. johnson was found last sum-
mer living with MelliSs at Great Neck
in the house of Mrs. Ely, three miles
back of the village proper, and that they
were known as Mr.. and Mrs. MellisS.
In the suit for divorce by Mr.. John
son was. of course, involved the custody
of the Seven-year-old child, to whom
Mrs. Johnson was devotedly attached,
at all hazards. 1t was because of her
child that Mrs. Johnson made any APP
pearance whatever in the case. While
She put in no answer, she appeared by
attorney. in order that all her legal
rights might be protected so far as her
daughter was concerned.
The first and fundamental fact in an
application for divorce is proof of mar
riage. The plaintiff, Mr.. Johnson, on
croSS-eXaminatiOn admitted that there
was no ceremony but a written con-
tract of marriage, which he was called
upon to produce. Mrs. JohnsOn's at
tOrney then commented as follows upon
the wording of the singular instrument:
"The contract read, we agree to be-
come husband and wife, ETC., and
johnson testified that afterward they
lived together as such. But the con-
tract added that they should continue
husband and wife so long only as they
ground, first, that by the law of New
York marriage per verba de future,
though followed by c0habitation, was
not legal and valid marriage, and,
second, that 4 marriage necessarily i'm
ports union for life, whereas by the
contract here they themselves have pro-
vided that it should continue only dur
ing their mutual consent. [ contend,
therefore. that under the law as it at
present stands in this state there was
never any legal and valid marriage be-
tween Mr.. Johnson and Miss Cutting,
and that there is consequently no
ground FOR divorce, ana the enid DO
longs to its mother"
1.-The counsel told a Sun reporter that
Mrs. johnson would strenuously OPP
pose the confirmation of the referees
report, and that in case it was confirmed
an appeal would be taken.
1t is asserted that in any event Mr..
Melliss and Mrs. johnson will be mar
ried, ever if it becomes necessary for
them to resort to another state for this
purpose. Melliss is described by his
friends as 1.-THE best-lOoking man in
New York" He is slightly younger
than Mrs. johnson, who is thirty-five.
MIR. Johnson is about forty.
The family and friends of Mrs. John
son have cut her entirely. Mrs. Cut
ting, her mother. has charge of the
little girl.
THE LONG AND SHORT OF 1T.
Love me little, love me long,"