The herald., 1897-08-17
Serious Charge Over Nor
mans Head
THE PILFERINGS OF BLACKMAN
CONSOLIDATED IN ONE CHARGE
OF EMBEZZLEMENT
The Cutting Packing Co of San Fran
cisco Sued Prof. Earlston the
Balloonist Arrested

Homer Norman, the erstwhile hero of
the Duarte elopement and marriage on
the high seas, who is now, perforce, pos
ing as bachelor, is by no means content
with the situation as It stands at present.
His attornies yesterday filed a suit in
the superior court to have his marriage
with Janette Thompson declared valid.
The suit is by Homer Norman, plaintiff
against Janette ompson-Norman, de-
fendant, and the allegations are concise
and to the point. 1t is alleged, first, that
the plaintiff and defendant were inter-
married on the second day of August and
ever since then have been and now are
husband and wife. Second, that the de-
fendaDt denies the said marriage and the
validity thereof, and refuses to join in
q declaration thereof. Wherefore plain
tiff demands judgment that the said
marriage be declared valid and binding
upon the parties hereto, and for general
relief
There are such things as "fctions of
law" that are a constant source of Won
derment to the lay mind. In this suit,
for instance, the defendant is sued as
Janette hompson-Norman, while, as
q matter of fact. court OF competent
jurisdiction has decided that there is }
such person. For the purposes of the suit
the legal marriage is assumed but righ:
there arises another curious point. 1t is
alleged that the defendant denies the
marriage, whereas it is matter of COM
mon knowledge that she does nothing OF
the kind. When the case comes to trial,
and the girl goes on the witness stand
and acquiesces in all the allegations
made by the plaintiff, it is difficult to
understand how the necessity could arise
for the court to pass upon anything.
If old man Thompson had been sued
for alternating the affections of the wife.
or the girl had been. sued. as. az min or
through her father as guardian, the lay
mind might have been enabled to COM
prehend the situation, but as the case
stands the plaintiff and defendant agree
and consequently in reality there is,
from legal standpoint, no cause Of
action. The denial of the marriage by
the defendant is a mere fiction of law
In order to get into court The case has
been set for hearing in department three
and Judge York may take it UP some
time this week.
At the same time 1t Is in one sense
lucky that Norman brought suit yester-
day. and for his own sake. He lives not
very far removed from the Thompson s
at Duarte, and on Sunday night he was
seen prowling around the Thompson
premises with the evident intent of see
ing Janette or leaving a message for her.
He was unsuccessful, but there is belief
on the part of the girls family and
friends that an organized attempt to
abduct the girl again from her home is
contemplated, when she will prove with
out doubt willing accomplice. But
Mr.. Thompson is determined that it shall
not be If he can stop it ,and so yesterday
he visited the district attorneys office
for the purpose of having complaint
drawn and a warrant issued for the ar
rest Of Norman on the charge of rape.
That would raise the question of the
validity Of the marriage all right and
keep Norman boxed up in Jail out OF
harms way at the same time. The girl
is only aged Is years and 10 months and
Norman, in the habeas corpus proceed
ings, conceded cohabitation, and so the
marriage being invalid the rape stands
confessed.
Very naturally Norman's attorneys do
not wish to have to defend their ellen,
on that charge. 1t is rather a drastic
way in which to prove the validity of
the marriage, and so, when a consulta-
tion Of counsel was held in the district
attorneys office yesterday, Judge A. NJ
Stephens has instructed Norman to hava
no dealings whatever with the Thomp~
SONS, to make no effort to see or COM
muncate with Janette, and to keep en-
tirely out of the way until the suit now
pending is decided.