Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-09-30

mtut OF Olt ul tnAiut NelAhf' ~ 49,
rying the parties, hut they soemeu 70
htsitste, as plaintiff siys, finally, now.
ever, e3nlentins, when tue oersnohy
vas apparently performed.
Plaintiff and defendant etoou up ue'
fore oue OF tltss men aud the Eplsco-
pal marriage service was READ, apI the
da'endRnt tnGn and there promised -
take thu plaintiff a. his wife, and the
pIg!aiiii then aud there promised 10
take the defendant as her husoanu'
The men went away, and the maf-
riaae was then and there In that room
consummated. Before the o1rsumma.
tlou, dufondsnt told plsiut'h the man
who married them was = Justice OF the
peace, aud she believed shs was mar
iied 20 defendant.
All this testimony Il daily contra.
dirtsI by defendant, but ho DO -
not deny the occurrences a. having
taken place that afternoon and evening
prior ~ the going 10 his Office aud alter
cufning ANsy. plaintli states that
after tue marriage aud It, cOnsumna-
ton defendant sent out for q carfiage.
and they returned 10 her mothers
house about 10 o'clock, nnding her In
bel, The mother toslifies to their COM
Ing at about tnAt hour In a carriage,
10 her dauQbtutis coming Into her
bedroom, aud TO her being struck by
an apparent change In the PLAINTIFF
aupsarance aud demeanor. Piaintif
,pstinss that defendant Induced her 10
c5nst ut ~ . secret maTrlage,and TO the
keeping ol the same se0tsi, BY repre-
Hyntinr that he had been married be-
fore anu divorced, and had promised
his mother, who was an aged wonHn
Ia ptrcari us health, that he would not
marry again. That after the 10th OF
October, 1855, she ecu pied rooms that
had hesn furnished by defendant, and
that he Visited her IN thsse fo0ms, A.
.ociating with her as her husband, hut
never stayed all night. In two OF thrse
months, Aa stated ny plalniin anu her
mother, the mother asceftained from
plaintiff that Sue was fucianie, aud
drew from plaintiff the story OF tho
secret marriage ani subsequent asset
ation. TheIeupvn toe mother imus.
iiAtely spoke TO dafeniant about H.,
when he admitted tue fact Of this mar.
rage, and excused the secrecy by
stating tha' he had pf0uiistl HE
mother not 10 msTfy again,and 10 was
AFRAID ~ she knew Of the marriage,
owlug 10 nv state o. her health, sue
might suiiuf " die. After this, ae-
cnfiiuE TO tho liaiuiIn sad her mother,
ami uuiil the iauaily isit far Denvrr Ia
Match o; thesAuio year, .hs dcisniRnt
visited tho HOUSE, anu associated Win
plAiatln ~ his vile Wiihln tue iatal y,
siihough not IN ruDiic. IL.
The uri.ndant dspie. absolutely all
this testimony, Tut Anifm- .hsl
toe assuriAiiOn commencsd In
ablut re, tunDof, 1858, Ia this way:
riaintin hau whites nini note OF
notes making an appointment At tho
house OF a mu,ual acquaintance, In one
OF which she stated that she wished 10
entTusl him with MI imporlant pu.i-
mess matter. rhefuupou defendant
having missed the appointment went
10 plainufi's hOuse, and asked her
what sno meant. Plaiutin said they
were poor, AMI suc was tired Of living
In that way, aud n che could flnd a
good Hian who could take care Oi her,
she would i've with him. That sne
liked defenuAuf, Enu " he wished her,
would DO his gifl. Defendant asked
her " sho knew what II meant, anu
told her that he would not accept such
y pFolOsitiOn from virtuuus girl,
wherein pom plaintiff told him shs nad
boon seducod. ThsIoupon defendant
had Intercourse with plaintin. LIE
further states, that when the mothvi
questioned him about his conducl, he
stated the facts (.s related abovv) u
net In the presence OF her daughter,
who asssnted 10 his version 0f tncii
Intimacy. In March, the family TO
moved TO Denver, tue defcnuant CIV
ing them 5000, aud thereafter iron
time 10 time anu CONT uOusly Until
June OF July, A. ID. 1898, delsndan
supplied plaintiff with money, agsrt'
eating the tum Oi 5000.
The foregoing 10 all the evidence
bearing directly upon the actual oeTe
mony VI marriage. rhe parties aro Ia
uitsol conflict Ne to thi, Important
fact. IL tue testimony OF deiehdaut be
true, there was no m arfiAge, And tnil
motion, with tho suit, must TAIL. |
the testimony OF the plaiutlii bo true
the question IN, whether the fact
proven by her are sufficient TO ealAb
ilah a marriage under our law. l an
clearly VI thU opinion that they do
Tue marriage ceremony was PET
inimed by aDme person VINO professc,
Tor pfeiendsu) 10 have authority Il
celebrate mAfnages. That this prTsJi
dld not verbally pfoclslm his vfiioe o
calling TO the plainlln makes no dinsi
suce here. His oonducI Ia Assu .uIn,
IN act, under the cirou mtisnces here
was the plAiae.t profession aud pre-
tense OF authority.
Tue alleged imptObAbility OF plain
tlil's story was urged upon the couf,
anu IL seemed 10 DO assu me That suol
Transaction a. stated by not could no
have lAken place. But 1 am not pre-
pared 10 concsda this. Very msn,
milat ocougences have tAkon place, Il
We NIL know. rhe story Of plsin,ii
docs not strike me NJ being ~ iInprC
bable ~ that OF defendant. Hosoys
that may 10, upon this molten 81
not called 20 decide this qu allo
finally. The effect OF the subs,qutt
a. ,leiAtion snd sets Of tue parties u
mains ~ 10 oOabileteJ. ~ Related b
plaintiff and her witnesses, tho ~ lcii
ton was continued until June, 1893. /
May, 1859, aeirndant visited plAinh
~ Denver, On August gu The boy wa
born. aud u low days later deioadan
was there In the rooms OF plAlnld
ionuling tue child and aVtenuy
to her. He was introduced % ID
Cook ~ PLAINTIFF husbund, ald "a
doetol's bill was made out to Sis. l., |
X lazy.
In July, 1890. plAintti came % tn
city anu remained some wesEH. Di
fvnlnul took hbr q BfgAiOu, whef