The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-24
JOY IN THE CLAN.
Duncan Macdonald TriumphS Over
Mrs. Ellen Quinn.
Justice L.w Decides That the Aged Gale
DOMAIN Was Not Married TO Mrs Ward.
Another Proceeding Probable.

Duncan MaclOualG's gray head sank softly
/ upon its pillow last night and his eTStwhlLe
troubled mind wandered away 10 the realm
Of pleasant dreams. where DO shadow OF
the Nemesis, Mrs. Elizabeth Ward Mac
donald" fell to ill him with apprehension
and dismay.
Duncan is a man who is "wen fixed" in
tie eyes Of his feIloW-man lie has been
as thrifty as most Of the representatives. Of
his race, and tie weight of his Golfers have
been increased since the death of his
brother, Charles, whose memory is cher
isned By Claude Lee and her bOg eful son.
Mr. Duncan had an eye for the gentle sex
even as his brother had, and that eye was
TO him an evil eye, Tor It brought grief TO
his lodgings.
Several weeks ago one Ellen Quinn sued
Duncan for S2l2 the amount OF Dill Tor
the board Of Mrs Elizabeth Ward, or Mae
donald. rs she would rather be- called.
Duncan was asked TO pay this bill, because
Mrs. Quiun alleged that Mrs. Elizabeth
Ward "MacdOnaid' was his wife, and be
was therefore, responsible for her food and
Tament
PRELIMINARY To ANOTHER ACTION.
1t was understood al the time that If this
sujtwas won by Ellen Quinn and Mrs Mac
dOna.d's claim % be the wife Of Duncan
were sustained the alleged wife would sue
Duncan for divorce aud alim0ny.
The case was tried before Justice Low and
it was shown By the testimony Of several
witnesses that Mrs. Ward had been known
&c DunCan'S wife. The evidence was directed
chiefly 10 prove an actual marriage IN April,
49, by the late Rev Dr. ScOttln st. Johns
( Presbyterian Church. Mrs Macdonald told
how she went there one evening with Dun
can and two witnesses, Judge Hardy and a
( Miss Datrdge, both since dead, and how
the ceremony OF marriage was performed,
and then they went away arm IN aTm. She
explained tie loss of She marriage certificate
by saving il was destroyed IN a fire that took
place at 80 NCAllIsteT street some years
later
Duncan Macdonald positively declared
that he had never seen Dr. Scott; that he
had never been IN St Johns Church and
thar lie had never been married 10 Mrs.
Ward. He did NOT deny that he had been
unlawfuly iutimate-with Mrs.
Ward from the commencement OF their ac-
Quaintance. He denied that Mrs Wards
boy Philip was his son and said that his
alleged heir was a likely lad when be first
met the mother.
no RECORD or MARRIAGE.
When tie church register was searched
10 showed 10 record OF the marriage Of Dun
can Macdonald t. Mrs. Ward nor is there
any record IN the books Of the County
Clerk.
Justice Low. taking these facts into con-
sheraton, decided that there had been no
marriage, and that Mrs. Quinn's claim
against Macdonald was unlawful
The failure 10 prove the ceremonial mar
riage. Judge Low thinks, completely rebuIs
the presumption that the parties entered
into the marriage relation in any other way,
although there was some evidence that on
one occasion Duncan Macdonald had intro
duced her TO q butcher IS his wife, and in
structed him 90 furnish her with meats,
which lie would pay for. One or two per
sons testified that they had seen or had read
to them what purD0rted to be a copy Of the
marriage certificate signed by DR.. Scott,
but in view OF the fact that there Is no
record IN DR.. SCOTS book, the Court was
inclined 10 give little weight 10 this testi-
mOny.
It is probable that the alleged Mrs. Mac
donald viii now commence an action for
divorce against Duncan in tie Superior
Court