Los Angeles daily herald., 1889-07-18
THE PACIFIC SLOPE.
A Quietus Placed on the
Sharon Case.
GRIST OF THE BAY CITY COURTS
Secret Marriages Not Recognized by
the Law-The Coast in
General.
Associated Press Dispatches to the HERALD.

Associated Press DISPATCHES to the HERALD !
SAN Francisco, July 1.-THE su-
preme Court OF California today rendered
a decision on the appeal from the judg'
ment of Judge Sullivan Of the Superior
Court, referring to new trial in the GEL
ebrated Sharon divorce case. Judge
Sullivan held that the marriage con-
tract between the late ex-senator VIM.
Sharon and Sarah Althea Terry was valid
and that the parties were legally husband
and wife. The Supreme Court finds that
the parties kept their marriage Gf there
was one) and their relation as husband
and wife secret, and for this reason the
marriage was never contaminated. The
case is remanded for new trial.
THE CASE PRACTICALLY ENDED.
"I think the decision which was
handed down this morning practically
ends the case" said Attorney Herrln,
who has now charge of the Sharon case.
arhe Supreme Court now says there can
be no purely secret marriage. Secrecy
has been the foundation OF Sarah AL
tbea's case so far. The only way in which
che can further renew the case will be
by bringing forward testimony to show
that the marriage was public. L hardly
think she will do this. We have never
paid alimony. Judge Sullivan granted
So, 500 per month alimony. The Su-
preme Court reduced this to $500 per
month, which we never paid. Judge
Sullivan then gave judgment against us
for $4,000. Meanwhile, the Circuit
Court had rendered its decision, and on
this we based second appeal to the Su-
preme Court OF the State of California,
which is now pending. Should we lose
this slimony case in the State Supreme
Court we will appeal it to the Supreme
Court of the United States. In my opin-
ion today's work puts a quietus on the
whole business"
POINTS in THE DECISION.
The decision covers nearly ninety
pages of typewriter copy, and ID drawn
up by Justice Works, Justices Sharpsteln
and Beatty concurring. Justices Mctar-
land, Thornton and Patterson express
their views separately in concurrlng
opinions.
The Supreme Court holds, in sub
stance, that the parties to the suit lived
together as husband and wife, and that
| they assumed other marital rights, is moi
sustained by the evidence submitted.
| The document further recites that, after
executing the marriage contract, the par
ties sometimes secretly occupied the same
apartments, concealed the fact that such
contract had been executed, and cut
wardly lived as single, unmarried peo
pie, occupying different dwellings. The
mere fact that parties who hav'
agreed to become husband ant
wife thereafter sustain marital relations
| is held to be not sufficient of itself t.
show the contamination OF marriage, o
that they have assumed towards eacl
other the position of husband and wifi
and it's duties within the meaning of tn
Civil Code.
THE FIGHT WILL GO ON.
Judge Terry, when asked if this decis
ion ended the litigation, replied that
new trial was to be had, and that al
though the famous marriage contract wa
destroyed by a confiagration, they hat
Photographic copies of the contract, anc
can prove its existence by oral testi
mony. One of Terry's counsel addet
that the fight had begun anew; that i
was as If it was just commencing.
THE BLYTHE WILL CONTEST.
In the Blythe will contest today, Mrs
Ashcroft, the mother of Florence Blythe
was again called to the witness stand. Ii
order to establish the intimate relation
ship which witness claimed existed be
tween herself and the dead millionaire il
England, the attorney for plaintiff reae
numerous letters alleged to have beer
written by Blythe, and addressed tt
dearest Juliet" When the attorney
reached Blythe's letter to Julia
acknowledging the receipt OF commune
cation from her announcing the arrival
OF ''little stranger" an effort was made
to establish the fact that the stranger
was Florence Blythe, and that the father
was Thomas II. Blythe. Witness testified
to both these facts before she could be
stopped by the opposing counsel. Nu'
merous objections were made, but were
overruled.
INDICTMENTS AGAINST BENSON EFT AL. DIS
MISSED.
In the United States Circuit Court to.
day. Justice Field and Judge Sawyer
Piooiulus, Iour Vi tHo inulCthents deaiue'
John A. Benson, charged with having
procured certificates to be falsely made
out for the purpose of obtaining money
from the United States for surveys, were
dismissed, the prosecution having been
abandoned. One indictment of the
same nature against George H. Perrin,
and four against M. F. Reilly, were also
dismissed.
PRlZE-RING PEELERS.
Fight to the Finish In Fun-lOving Y