The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-01

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men, or one OF them, relative to mar
rying the parties, but they seemed to
hesitate, as plaintiff says, finally, how
ever, conserving, when the ceremony
was apparently performed.
The Alleged Marriage Ceremony.
Plaintiff and defendant stood up be-
fore one of these men and the Episco-
pal marriage service was read, and the
defendant then and there promised to
take the plaintiff as his wife, and the
plaintiff then and there promised to
take the defendant as her husband
The men went away, and the mar
riage was then and there in that room
contaminated. Before the consumma-
ton defendant told plaintiff the man
who married them was a justice of the
peace, and she believed she was mar
ried to defendant.
All this testimony is fatty contra
dicted by defendant, but he does
not deny the occurrences as having
taken place that afternoon and even
ing prior to the going to his Office and
after coming away Plaintiff states
that after the marriage and it's con-
summation defendant sent out for
mothers house about 10 O'Clock. find
ing her in bed. The mother testifies to
their coming at about that hour in
carriage, to her daughters coming into
her bed room, and to her being struck
by an apparent change in the plain
tiff's appearance and demeanor Plain
tiff testifies that defendant induced her
to consent to secret marriage, and
to the keeping of the same secret, by
representing that he had been married
before and divorced, and had prom
ised his mother, who was an aged
woman in precarious health, that he
would not marry again. That after the
10Th of October, 1888, She occupied
rooms that had been furnished by de-
PENDANT, and that he visited her in
these rooms, associating with her as
her husband, but never stayed all
night. In two or three months, as sta
ted by plaintiff and her mother, the
mother ascertained from plaintiff that
she was enciente, and drew from plain
tiff the story of the secret marriage
and subsequent association. Thereupon
the mother Immediately spoke to de-
PENDANT about it, when he admitted
the fact of the marriage, and excused
the secrecy by stating that ne had
promised his mother not to marry
again, and he was afraid if she knew
of the marriage, owing to the state OF
her health, she might suffer or die;
After this, according to the plaintiff
and her mother, and until the family
left for Denver in March of the same
year, the defendant visited the house
and associated with plaintiff as his
wife within the family, although not
in public.
The defendant denies absolutely all
this Testimony, but affirms that the as
ISOLATION commenced in about Septem-
Der, 1885, in this way: Plaintiff mad
written him a note or notes making
an appointment at the house of a mu-
tual acquaintance, in one of which she
stated ta.ht she wished to entrust flfm
with an important business matter.
Thereupon defendant having missed
the appointment went ito plaintiff
house and asked her what she meant.
Plaintiff said they were poor and she
was tired of living in that way, and
if she could find good man who could
take care of her she would live with
him; that she liked defendant, and if
he wished her would be his girl. De-
PENDANT asked her if she knew what it
meant and told her that he would not
accept such a proposition from a virtu-
Gus girl; wheTeupon plaintiff told him
she had been seduced. Thereupon de-
PENDANT had intercourse with the plain
tiff He further states that wherSthe
mother questioned him about his con-
duct he stated the facts Gas related
above to her in the presence of her
daughter, who assented to his version
of their intimacy. In March, the fam
lily removed to Denver, the defendant
giving them $500, and thereafter from
time TO time and continuously until
June or July, A. D. 1893, defendant
supplied the plaintiff with money, ag-
gregating the sum of $4,000.
Facts Sufficient to Establish n Mar
riage.
The foregoing is all the evidence
bearing directly upon the actual cere-
mony of marriage. The parties are in
direct conflict as ITO this important act.
If the testimony of defendant be true,
there was no marriage, and this mo-
ton, with the suit. must fall If the
testimony of the plaintiff be true, the
question is, whether the facts proven
by her are sufficient to establish a
marriage under our law. I am clearly
of the opinion that they do. The mar
r age cerem my was performed by some
person who protested Cor pretended) to
have authority to celebrate marriages.
j QdC LIllS 1)eT'SOA ulu llOI NeiDdlly pIO-
claim his office or calling to the plain
tiff makes no difference here. His con-
duct in assuming to act. under the Cir
substances here, was the plainest pro-
fession and pretense of authority.
The alleged improbaIbility of plain
tiff's story was urged upon the court,
and it seemed to he assumed that such
a transaction as stated by her could not
have taken place. But I am not pre-
pared to concede this. Very many sim
liar occurrences have taken place, as
we all know The story of plaintiff
does not strike ne as being as improb-
able as that of defendant However
that may be, upon this motion / am
not called to decide this question final
ly. The effect Of the subsequent asso-
citation and acts of the papties remains
to be considered. AS related by plain
tiff and her witnesses, the association
was continued until June 1898. In May,
1889, defendant visited plaintiff at Dem
YER; on August the boy was born, and
few days later defendant was there
in the rooms of plaintiff fondling the
introduced TO DR.. Cook as plaintiffs
husband, and the doctors bill was
made out Ito Mrs. L. 2. Kelsey
In july, 1890, plaintiff came to this
city and remained some weeks. De-
PENDANT took her to Brighton, where
they remained several days He paid
all her expenses. and they associated
privately as husband and wife. In Au-
gust, 1891, plaintiff, with her shild and
mother, went TO Manttou, Col, and
took rooms with board at the "Rook-
cry" kept by a Mrs. Powers, who wes
a witness in this case. Defendant went