The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-06-29
Deceived the Tug Captain as
to Their True Rela-
tionship.
A QUESTIONABLE CONTRACT.
Attorney Rossi's Strange Opinion Up'n
the International Law Of
Marriage.

Yesterday vicenzo Maglio and Theresa
Maglio of Fresno were married on the
high seas, and outside of the jurisdiction
of the State of California.
1t is well for the wedding couple that
there were three miles of ocean rolling
between them and the beach, otherwise
the penal code would be divorcing them
ere the marriage feast was cold.
Even the fact that the father of the
bridewas present and gave his daughter
away would not legalize the ceremony if
gone through within the limits of this
State, for the girl is the daughter OF her
husbands brother. In that case the mar
rage would be within the law of consan-
guinity, being that of uncle and niece, and
would have been a crime committed by
both parties, punishable by Imprisonment
in the State prison not exceeding ten
years.
The two brothers, with the young woman,
arrived in this City from Fresno Saturday
and secured the services of the tug Vigi,
liant. The father represented to Captain
Brokaw that the couple desired to be
married at sea, Notwithstanding the
fact that she was his daughter.
He also stated that she was II and
and the prospective bridegroom 80 years
names by saying that they were distantly
related. They did not wish TO be married
by a Catholic priest, but preferred the
romance of the sea and 10 be Joined to-
gether by the master OF vessel.
Yesterday morning the three Maglios,
with Attorney T. A. Rossi and two other
persons as witnesses, boarded the tug
Viglant and steamed out through the
heads. The happy occasion was not re-
plete with that joyousness that usually
marks a wedding, and the reluctance of all
parties to take the step was apparent. The
young woman was depressed even before
the tug began to lift over the swell Of the
bar and then seasickness made her distress
pitiaole. In fact, Notwithstanding the
ocean was quite calm, most all the party
were afflicted by the slight motions OF the
vessel.
After reaching a point six or seven
miles outside Captain Brokaw read the
marriage service binding the couple
together in matrimony, the father of the
bride giving his consent to her union with
her uncle. The party then returned to
the City.
Attorney Rossi said last evening in an
interview that the Maglios were clients of
his, and he did not desire to give out any
details of the affair to the press.
"The matter" said he, will hardly bear
discussion. Within the limits of the State
imprisonment, but ont on the high seas
it is different. There is no international
law regarding intermarriages outside of q
State Government.
1.-THE young woman was under age, but
her father was present and gave his con-
sent. All of the parties are well-to-dC
people living in Fresno. The couple were
married by the captain of the tug, as he is
legally authorized to do"
ibid he know that they were uncle and
niece?'
mo. 1 believe he was unaware of tina
relationship. AS l said before, do no
wish TO go into the reasons which moved
the parties concerned to take such a step
Anyhow, they are married.
There are some doubts, however
whether such union as this is will no
bring the high-sea contracting partie;
under the ban of the law. A mar
riage by a. master mariner at SCI
on board of his own vessel IS
privilege rather than moral right, but i
is a question whether a man and woman
so far within the degree of consanguinity
after going through any form of marriage
will be permitted to live together as hus
band and wife. 1t is void contract, con
sequently no contract, ana the would b,
Mr.. and Mrs. Vincenzo Maglio from
Fresno will probably find any act unde
its provisions cannot but be illegal, anC
the would-be Mr.. and Mrs. Vincenzt
Maglio from Fresno will probably
find a policeman knocking at thei
spseudo-nuptiaI door with q warrant TO
their arrest. As the young woman Is no
wife and is minor she is yet under thu
legal control of her father, who counsel
her to live in an unlawful RELATIONSHIP
with his own brother.
1t was peculiar piece of Sunday work
that marriage