The herald., 1893-06-10
THE MARRIAGE Is VALID.
THE ROMANTIC STORY OF MRS.
MILAM's TWO HUSBANDS.
Judge Mckinley Renders Decision in
an Interesting oase-How Mrs.
Milan is Still Mrs.
Jesse Hunter.

Judge Mckinley yesterday rendered q
decision in favor OF Mrs. Jane Milan in
the suit brought against her for annul-
ment Of marriage by Jesse Hunter.
This is the case which was tried several
weeks ago. and which developed such a
romantic story on the part of both
parties to the suit.
The plaintiff and defendant were mar
ried in 1862 in this country. Prior to
that time, in 1858, Mrs. Milan was mar
ried to Mr.. Milan. She lived with him
few days and then left him, Soon
after that Milan left for parts unknown
and has not been heard of since, except
by way OF a rumor in 1883 that he was
still alive.
Mr.. Hunter and wife continued to
live together as man and wife from 1862
until they heard the rumor that Mia n
was alive. They became alarmed, con-
suited attorneys, and the plaintiff began
an action for divorce against Milan and
secured decree.
During the pendency of the divorce
suit. and for some days after the grant.
ing of the decree, they lived in the
same house. The plaintiff claims that
from the time of hearing that Milan
was alive he ceased to cohabit with the
defendant, while she testified that they
continued to occupy the same bed and
room, being corroborated by other wit
neesee.
The only evidence before the court
that Milan is still alive was the admis-
sion of the defendant contained in her
complaint for divorce. ts
The plaintiffs counsel contended that
the divorce decree rendered in favor oil
Mrs. Milan was conclusive evidence
binding the defendant as to all matters
which muet have been incidentally de-
termined by the court in order to sup
port decree, but the court holds that
the authorities do not sustain that po-
sition. re
In his opinion rendered in the case,
Judge Mckinley, after referring to the
direction Of the authorities, says that
the question necessary to determine was
how the situation of the parties was
affected by the various presumptions
applying to the case.
The first presumption was that of
continued life, under which, in the ab-
sence of contradictory circumstances,
the presumption of Milam's death would
not arise until he had been absent and
unheard of for seven years. But while
that would not exist untilthe expiration
of seven years, when it did arise itwould
not determine any fixed date as that OF
his death, and therefore would notalone
establish the invalidity of the marriage
to Hunter. The presumption of inno-
cence affects the question, and being the
stronger, controls the presumption OF
continued life.
The court says that If the marriage
between Milan and Mrs. Milan was
stiil in force at the date of her marriage
with Mr.. Hunter in 1852, she was guilty
Of bigamy and also of adultery in con-
tinuing to live with him while she was
the wife of aJlother.
In further considering the question OF
presumptions in case of this nature,
the court says that they have never been
passed upon by the supreme cour6 OF
this state, and the action presents feat
ures novel in our Jurisprudence. A num-
ber of cases are cited bearing upon the
question, and the court concludes by
saying:
1.-THE evidence. in my opinion, sus-
tains the contention of defendants coun-
sci that even if the marriage Of defen-
dant With Milan was not diasalvad