The daily state chronicle. [volume] (Raleigh, N.C.) 188?-1891, 1890-12-04
| NOVEL SUIT.
.srpoN A QUESTION OF
MARRIAGE.

Ion the Jury's ahs"
[, readers ale familiar with the case
L. y. smith. In is an action IN
[ uyoIying S85, 900 worth of real
The case was called for hearing
/ c.,cnit Court of the United States
I,y morning This is the case
. number of Wilmington peo
!. Interested, and property is in
amounting to more than thirty
Thousand dollars.
D. L. Russell and Ricaud IL
represent the plaintiff, and Messrs.
IT, B.lIamy and John D. Bellamy,
/ :, wilmington, and Fab. 81. Busbee,
.,a appear for the defendants.
,nf,inlii, citizen of Great Brit
Y1gSs p,,, tlat he is the son of Thomas
nv nv deceased, by his wife, Bridget
Inv, lnSe Massey to whom, it is alleged,
married in the city of Whining
In { in 1853.
1stendants deny that Mr.. Smith
,er married to Bridget Massey, and
~ children Of the second marriage
Ioatlei to the property.
R,bt. Strange, rector OF st.
|. Episcopal church of Wilmington,
ras the first witness exaLined
4 milf lie stated that he had with
80 records Of marris ges at that
n since 1850 Here Mr.. Busbee, OF
!, tor the defence, objected % the
tbrr,c rd claiming that it was not
in compliance with the law, but
ssor a. denomin ttional record, ,and
ro, therefore competent as evideu ce.
SEYMOUR reserved his decision on
sont for the present, but aft rward
"a admit the records by which the
,ge Of Thomas Smith and
81 Na.sey,in Wilmington, n. c., In
by the Rev. Dr.. Drane, was
H. Mr.. Strange testified that he
A. anilia, with the handwriting of
q Dape. former rector of the church,
~ thai he believed that the entry was
"a his handwriting
jOsep1 Z Sampson (colored), late reg
~ 4 deeds Of New Hanover county,
4 mex, examined. He had with him
records which be said had been In
possession for sixteen years. He had
IA he book when he come into office.
h Busoee objected to the admission
ke,e records, on the grounds that
6anpsons successor had qualified on
ksuer lst, he was not now the GUS
Ian q the records, and they ought to
lel0ad by the present custodian.
ndge Nymour reserved his decision
|hS goilt, but afterwards admitted
record by which the marriage o1
Ibnas Smith and Bridget Massey was
~ proven. The plaintiff also proved the
nocrd Of the second marriage of Thomas
Smith to Miss Mary t. Watson, il
jnuary, 1861, under which the defend
Is claim the estate.
Zoe plaintiff next introduced a mum
Of deposltlons taken in Bolton, Eng
These depoSitions show that Thoma
Smith left Bolton, England, in 1856
WV young woman named Bridge
nkSey, to whom he was not then mar
neg aud that he afterwards married he
|mNimlngton, n c., in 1853; that b
4noTledged her as his wife, an
'nt he sent her and he
W. children tone Of whom is the plair
W. back to Bolton, England, to live
nOout the breaking out Of the civ
M' and that the children were reco,
ohd by Thomas Ii Smiths family
M children OF Smith and his vii
Dngsl' that the children resided wit
snltl mother aud brother and sisto
m u Nay, 1861, when Bridget smil
mved IN Bolton, England, with her tv
u'en lhe plaintiff, George Ii. Smit
child two years old, and tn,
pushed the Identity of the plaintiff
bridget Smith died of heart disea
"'ue year 1884, in England.
mrs. Grotgen's Testimony.
" Yesterday morning the plaintiff
uced Mrs. Grotgen, who said s
E Oorn IN Wilmington, N. O., was q
uec'ed with the defendants, but b
.leF married Mrs. Mary E. Smith
mat her husband died in 1885
oNith told her shortly after
" aldS death that his first W
'"9 SOUS were sent by him
and and that his wifi
was bridget. That was the OF
IA 'vIsatlon he ever had with her abe
me Plaintiff on the Stand.
~, '3tse Henry Smith, the plaintiff, v
IA il!uy,roqueed. !! He is of small stat
nsut hair and eyes, and does
Guy Oh The foreign air about hi
I's'ued that he received a mum
IN ,b,,'y'9' which were afterwards n
ue Jury, from the defendants, N
n Sulth, Mrs. Davis (nee Smit
M y tnem stating the death of
~ =, ana frequently referring to
M ment NC OF the estate, and others
IA were willing to share the est
1'n as one of the heirs of Thor
~ Inc letters from Mrs. d.
smith always addressed the pl,
My Dear Brother"
p'antiff rested there.
EfENDANT's TEST IMONY.
81 Jho. D. Bellamy, Jr., of cou
IA ~ 'ealense, then read several let
ph; H. Gu5rsd an affidavit in evidenc
= 'ue following is the gist:
opposition OF Geo. Pearmon.
il 'aye lived in Wilmington 81
H. "a HA an Euglishman by bir,
"a, ,nos. ii. Smith for several y
1hc ~ The war-knew his first
neme was Ellen. Had two
In hnew Bridget Massey who
>X "'n'hgton for several wears prit