New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-23
NOT RAY HAMILTON'S WIFE.
EVA WAS MARRIED TO JOSHUA J. MANN.
so SURROGATE RANSOM DECIDEs-PRoCEEDING
WITH THE REPORT.

so SURROGATE RANSOM DECIDES-PRoCEEDING
WITH THE REPORT.
Surrogate Ransom yesterday decided that Evangelne
L. Mann the legal wife Of Joshua j. Mann when
the ceremony was performed between her and Robert
Ray Hamilton, January Z, 1889, and consequently
that this ceremony void. Jins decision leaves
her the wife OF Joshua J. Mann
The Surrogate gave his decision from the bench i'm
medatey after the counsel had closed their arguments
Yesterday morning. He said that the law was we'll
defined in such the present one and all that was
necessary for him 10 do was 10 apply the law to the
facts lie appreciated the fact that the outcome OF
the trial was of great concern TO many people ana ne
had reached his decision after mature deilberauoh
The question whether or not the contestant was
woman worthy OF being an honorable mans WIG was
NOT one for him TO determine That question had
nothing to do with the II was beyond question
that Hamilton was satisfied to make the contestant his
wife and that he believed that he was making her MS
lawful wife Also whether not that benef was
caused by fraud was matter which IL was nOt meets
sary for him to consider. That fact mad hothlhs W
do with the present controversy
The question for him to consider was one OF lacO'
lie sat as Jury and his finding OF fact upon con
fct OF evidence the finding OF jury All "P
pcIlate court he said poweress to inquire INTO
fact settled by the surrogate upon conflicting evidence
The question he had decide was whether or hot INC
contestant capable on January T. 1882 d eh'ers
into n marriage contract with Robert Ray Hamilton
ANY number of declarations made by Mann ana inc
contestant had been disclosed. These declarations
were either made by Mann and the cohoesuali. W
disclose honest feelings to shield themselves. Inc
evidence satisfied reasonable mind that the rea'o's
twisting between Mann and the contestant we're mere
tricous in the beginning and that they aiter"aru
became matrimonial. 1t was not rasH " sup
nose that the contestant had continued 10 DC Maii
mistress after he become an mbecie'
There was no direct evidence OF a matrimonial o'i
tract hut he did not think that an unbiased man
coud come 10 any other conclusion than that they "esc
man and wife Even If Hamilton had known TINS ne
c"ud rot have married the contestant even II lie Ii,t
wanted TO- The Surrogate regretted thau ne hi',.
c,cise the contestant. but he felt cOhp"uru w ~ ~
thnt he did not believe her testimony lhcrclo.c, mo
decided flat Tn January = 1889. the tOnteslall We
tbe lawful wife OF j. j. Mann AID that her tr',"S S
an that dny TO Robert Ray Hamilton was Nolu' anu
nat the contestant had no standing III cOul, =, ,ho
After reces, the proceedings over the prooa,e o. w.
will we're begun. Gilbert VI. Spte", H. anu 49, y,
mnr d. r. Moore testified to the clicuiis.ih,o'G dy
IIamton's death. but they had not seen IN, oo"y
Upward r. VOmer and ID. W: C2uch Nelc !,d tba
irrihng witnesses t. the Will Mr. toot t ~ I'm
surror'te thnt John ID. Sergeant, second anu tN
~ ~ Norvn Green both Of whom had seen the ppnd
tatcn out Of the water. were absent, anu ~
tr an order for commission 10 take thclr te,,U,s d
Mr Green wa, in Europe and Mr.. sergeant was Sio"'
nm on Mr. IIamilton's ranch in Wyoming. ,sd with
The surrogate said that lie was nVI o,ird no.
tbc proOf Of Mr.. IIamiltOn's DEATH ~ NJ ,opon nv
snrva the case u allow the testimony 10 ot -, b.
commission Otherwise the Will was ehuucu ~ "
admitted 10 probate