Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-10
A DEATH-BED MARRIAGE
Hearing in the Case of an Alleged Conspiracy
to Defraud the Government.

nearing In the Case OF an Alleged Conspiracy
to Defraud the Government.
An investigation was begun yesterday by a
United States commissioner in Baltimore into
| the circumstances attending the death-bed
marriage of John J. L. Cole. colored. Cole,
who was in receipt of a pension from the gov
eminent, died on the afternoon of Tuesday, the
2Ist Of last July. The night before he died.
while lying in bed, he was married to Mamie
Williams, colored, with whom he had been liv-
ing. Application was afterward made to have
the pension transferred to the woman as the
widow of Cole and her three-year-old child. of
whom she said Cole was the father. The gov
eminent investigated the case. with the result
that six persons were arrested on the charge Of
conspiring to procure an illegal pension for the
woman and her child. 1t charged that
Cole was unconscious at the time the marriage
ceremony was performed and that it was con-
trary to his expressed determination before
being confined to his bed. Those charged with
being conspIrators are Charles E. Garitee, the
pension attorney: George Philpot, an attorney
and clerk IN Mr.. Gariiees office; Mrs. T.. Miller,
dressmaker at Cog West Lexington street, Bal
tinore, where Mr.. Garitee boards; DR.. George
K Brewer. az Park avenue, who gave the death
certificate stating that Cole died from rheuna-
tisn and cerebral effusion; Mamie Cole, alias
Williams. colOred, who claims to be the widow
OF the deceased pensioner, and Rev. Noah Jack
son, colored. who officiated at the marriage.
Before proceeding with the examination
Commissioner Rogers said the information
upon which the cases were founded had been
furnished by departmental sources in WASH
ingtOn. He thought that in any event the
matter would be sent before the United States
grand jury, and he suggested that much time
would be saved If all the accused waived the
preliminary examination MesSrs. Garitee,
Phllpot and jackson agreed to this and were
held In 600 each for the action of the grand
jury. District Attorney Ensor who conducted
the prosecution, said Lie was ready to proceed.
DIR. Brewer and Mrs. Miller wished the ex-
animation to go OH. and as the colored woman
Cole did not have bail the evidence was begun
TO show what relation these three had with the
alleged conspiracy.
Mary c. Cole, coIored, said she was q step
daughter of the deceased veteran and was a
witness to the marriage. Il did not know there
was to be marriage, she said, land went to
the house before 1t came of. My father did
not know ME and could not talk. 1 could not
make him talk by shaking him. He did not
know me the day before. The marriage took
place between and o'clock Monday evening.
There were two white and several colored
women present. The white women came in
just behind Mr.. Garitee, and stood behind him
while he took my fathers hand and placed it
in that of Mamie Williams. Mr.. Garitee helped
my father up and said, Come on, Lewis. Come
on Get this over. 1t is time The preacher
then performed the ceremony. The preacher
asked my father if he was willing to take Mamie
his wife. Father said nothing, but Mamie
said she was willing. The preacher found my
father was not saying anything, SO Mr.. Garitee
raised my father 6 head, causing him to groan.
That was the end of the wedding. The preacher
said they were man and wife. The preacher
came in ten or fifteen minutes before Mr..
Garitee. l saw MIR. Garitee take the license
out of his pocket when he first came In and
hand ii to the minister. i did not see anybody
h a.
witness said there was a crowd around the bed,
and she stock back. Her father had been liv-
ing with the woman four or i've years. She did
not know who went for the preacher. When
her father groaned the people close to him said
he said yes.
Samuel Murray, colored, testified that he is
the father of the child which is alleged to be
the offspring of Cole. mamie told me it was
my child" lie said, but told me to let on that
it was Coles, and Cole believed it,
Frank Simms, colored. said he was present at
the marriage and stood at the foot of the bed
holding the lamp for the minister. 'Cole's
eyes were fixed on the ceiling and he did not
move Them" the witness continued. ''Tbe
minister asked if the sick man could talk and
MIR. Garitee said, 1t is all right; go ahead
Mr.. Garitee took the sick mans hand and
called, Cole. Cole, you understand this! Mr.
Garitee pushed Cole and then Cole mumbled
something, and the preacher proceeded. Aft
erward Mr. Garitee raised the sick man again,
and he made the same sound o second time.
Mr.. Garitee put Coles hand in Mamies. The
minister asked those present if the proceeding
was right and went on with the ceremony when
told that it was"
E E Perley, special examiner of the bureau
of pensions, said J. J. L.. Cole was a private in
company c, twenty-ninth colored volunteer
infantry. On March IL, 1890, Cole was granted
pension of S21 month to date from Novem-
Der Z, 1865, and on December 26. 1890, a second
issue of Sl7 month was made to date from
March >. 1890. The first pension was for gun
shot wound In the left knee and the second was
for gunshot wound and rheumatism. On
January 81, 1891, application was made by
Garitee to increase the pension to S72 a month
because of increased disability. This applica-
ton was pending when Cole died.
DIR. William NJ. Lewis testified that he at
tended Cole in his last illness, and continued:
Cole was dying for several days before he ex-
pired. During this time he was in no con-
dition to act for himself. On the Friday or
Saturday before he died he lost consciousness.
On Monday, the day OF the marriage, lie was
not able to speak at all, and could not rouse
HIM b. shaking. In my opinion, during the
time i attended him he was not competent to
make a valid deed or contract. He died from
dysentery, which caused brain trouble" When
asked if the death certificate given by DIR.
Brewer was true, DR.. Lewis replied: NO. it is
not true. He died of dysentery." On cross
examination DR.. Lewis said consciousness some
times returned just previous to death. and il
was not impossible that Cole might have be-
come conscious. He did not think it was prob
able, however. in view Of the mans mental con-
dition. He never knew that DIR. Brewer was
Coles attending physician, but was aware Of
the fact that Cole suffered from rheumatism.
line hearing will he continued today