The sun., 1896-12-19
LAWFUL WIFE OF TWO MEN
DEPENDANT rs MRS. M,GoWN HERE,
mrs. BELL IN DAKOTA.

Uer Dnko kota Divorce IL OF No Effect Here
As She Lives with ncll, Mctaown tSues for
Divorce Hero 10 Dlvest Her OF Any I'm
terest In H.s Estate and TO Keep His Chid
Harry p. McGown. Clerk in tho City Court. n
son of former Iustice Henry p. McGown of that
court, sought an absolute divorce from Mary
Bell before Justice Russell Of the supreme Court
yesterday. He was married In 1887 and has a
child about 20 months old.
The defendant ts q daughter of DIR. John II.
Demarest, whose family and that OF Justice Nc
Gown have been ON intimate terms for many
years. The McGown family is the old one which
gave its name to McGown's Pass in Central
Park. McGowns Pond, aud McGown's Greek.
When the plaintiR returned from business on
April "a last his wife was gone and the follow
inR note was left TO explain that she was safe:
HARRY; As my brother Is going to Minneapolis for .
visit I thought that now was good time for me to
make visit. 80 1 have gone. MAY.
She went straightwhy to Fargo, N. D. whe re.
after residence Of ninety days, she got de-
cree of divorce against McGown for desertion.
with the custody of tho child. sho made no
claim for the child on her return. She subse-
Quently married, in North Dakota, Harry w.
Bell n tile manufacturer who hRd previously
boarded with the McGowns In this city.
MoGown did not appear In the Fargo case, and
holding that the decree was not binding upon
him no sued here for an absolute divorce, for
the purpose of getting the custody OF the child
and cutting the defendant OF from any interest
in his property. The defendant came to court
with Bell, whom McGown ia suing for $780, 900
for alternating Mrs. McGown's affections.
To show that the defendant was not entitled
70 the custody Of the child Judge McGown WAS
called. He said that his son and tho child have
lived with him since the defendant left her hus-
band. and that the defendant has not called to
inquire about the child.
fendant, testified that his daughter had dele
gated him to inquire about the child which he
had done. His examination proceeded:
O.-Ynu amt Judge Mctiown wero old friends ?
DID You know your daughter was going
60 leave her husband ana child? A.-Yes.
Odd you know she was GOING West to get q
divorce2 Al did not.
but disapproved Of her action In going away.
Odd you tell Judge McGown that sho
ought to go to a lunatie asylum
The witness hesitnted and looked over where
he saw Judge McCiown laughing and nodding
his head in a "yes-you.d did" way. The witness
IL did don't remember"
Col. +. c. James, in behalf of the defendant,
contended that the action could not stand owing
Justice Russell said that the defendant had
evidently gone to North Dakoi" to reside Just
for the purpose OF getting decree, and added:
by the lava of North Dakota she is the law
ful wife in that of Mr.. Bell; BY the laws
OF Mr.. McGown. That inconsistent position
IS something that It Is difficult to obviate,
hut know of no way except to adhere TO the
ancient rule OF the State of New York that the
marriage tie cannot be dissolved by such
actions on the part of either person, no matter
what the consequences are; therefore say that
under the laws OF this State ana the decisions
o: this State in the highest courts. this lady Is
action. The instant the decree OF
divorce is obtained here in this there is no
State in the Union where these parties must not
be regarded as divorced from each other.
have no doubt that under the present laws nth
o divorce obtained In the State of New York
without collusi0n for n Just cause, the marriage
tie being dissolved, this lady. having obtained a
divorce in North Dakota and there married,
under the public policy of tha' State any issue
of that second marriage would be legitima te
anywhere. Isn't that the best way out of the
whole situatton?"
With these and other statements In this line
lie reserved decision