The herald., 1897-08-06
Validity Of Sea Marriages
Determined
THE COURT ROOM CROWDED
JANET THOMPSON SEPARATED
FROM HER HUSBAND
During the Tendency Of the Case-the
Arguello Difficulty Strengthened.
Leonhardt Boys Released

1t is Sa1e TO presume tnat Wnen Homer
Norman inveigled 15-year-old Janet
Thompson from her home at Duarte and
the young couple were married at sea-
he did not know that his escapade would
have such a far-reaching effect as it
threatens to have.
The young couple were before Judge
Allen yesterday on habeas corpus pro-
ceedings instituted by the father of the
girl and the entire afternoon was given
up to arguments Of counsel. During the
early part of the afternoon the face of
the youthful bride was wreathed in
smiles, but by and by 1t must have
dawned upon her that there was quite
serious side to the matter for from
thence on she was very quiet and the
smiles vanished.
Attorney Walter Haas represented the
young married couple and first made
his return to the writ. The document
was formal and set out the facts Of the
marriage, followed by cohabitation.
Counsel contended that on habeas cor
pus collateral matters could not be en-
quired into, and that really the only
question was whether she was re-
strained or not, and the writ showed that
she had acted of her own volition.
"You recognize, do you not" inquired
the court, that if she is not married
then she is properly in the care of her
father, and any one interposing then
would be restraining her of her liberty?"
But Mr. Haas didn't care to look at
the facts from just that standpoint. He
argued that the most the court could do
was to free the girl from restraint, but
that the validity of the marriage could
not be inquired into, the parties to the
ceremony being above the age defined
by the old common law.
That didn't quite suit the court, how
ever, and Judge Allen presented this
proposition for the consideration of coun-
sci: Whether the child was being har-
bored away from her legal custodian and
the person so doing admitted the fact by
claiming that she is his wife,
That brought the matter down to an
actual proof of marriage.
TO BE OR NOT TO BE
The bridegroom (?), Homer Norman,
went upon the witness stand and testi-
fled to the facts of the marriage. He
conceded that he was a resident of this
state, that the girls parents had refused
their consent to his marriage with their
daughter, and then, being asked by At
torney Davis on cross-examinat ton,
whether he had taken the girl from the
custody of her parents, he reverted to
the Adamic plan and put the blame on the
girl. He said he didn't know whether
he had taken her from the parents GUS
tody or not; she asked him to meet her
and he did so. They met in the night
time and he drove her to Long Beach
and made such arrangements for the
purpose of evading her parents. He then
testified to the facts of the marriage at
sea.
Captain W. F. Pierson, of the schooner
]. Wiley, presented his certificate as
master and told how he married the
couple in latitude 33 degrees 40 minutes,
longitude 11S degrees 20 minutes, about
ten miles from Long Beach and nine
miles from the nearest point of land He
stated that he took the distance by
chart and was outside the Jurisdiction of
the United States and therefore neces-
sarily outside of the district extending
from Newport to Santa Barbara within
which his boat was licensed to carry on
a coasting trade.
the stand for about two minutes. She
looked very demure in white summer
dress, and gave the new name she claims
rather shyly and stated that the mar
riage CD had been with her consent.
MIXED UP MARRIAGES
The fact of the ceremonial having been
shown Attorney Haas was about to con-
tent himself, claiming that the burden
of proof that the ceremonial was not a
valid marriage lay with the other side,
but the court held otherwise, and that
particularly he must show that the
master of the boat had authority The
maste er's certificate to sail a coasting
vessel not being a master mariners GER
tificate, counsel proceeded to argue that
an announcement of marriage in the
presence of witnesses and upon the high
seas is valid under the common law. He
cited the Sharon among other cases to
illustrate the point that when parties
agree to take one another al husband and
wife, and such act is followed by cohab-
itation, they are husband and wife Ia
this state such contract marriages have
been abrogated, but upon the high seas,
where no law runs, the old common law
must prevail
But the court was scarcely prepared
to concede so much, and Mr.. Haas pro-
ceeded TO urge that there might be mar
riages regarded Illegal in this state that,
when the parties left the state for the
especial purpose of being united would
be regarded as legal upon their return
within the states limits
Has not the master of the boat shown
that at the time of ceremonial his boat
was within the Jurisdiction of the United
States?" inquired Judge Allen, and the
question fell like a bombshell, for if that
was so then the ceremony was not a
''sea marriage" at ALL
Capt. Pierson, when upon the stand,
had drawn small chart showing where
the ceremony was performed, and the
court drew the attorneys attention to
the fact that the position was in the
channel between one part of Los Angeles
county and another with the islands ly-
ing to the westward. Captain Pierson
was recalled, but could not throw any
light on what is really knotty point.
On, a previous occasion this question OF
territorial jurisdiction over the waters
of the several channels of the islands
along the coast was raised in the. SUI
preme court. That august body, follow