The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-08-12

MRS. FLANNERY FREE
But Justice Schlichting, Who
Married Her May Be
Indicted.
MARRIAGE LAW aONSTRoslYlES
Assistant Prosecutor Van
Wrinkle Points Out Some
Neat Pitfalls Of a
Villainous Law.
MARRIAGE LAW aONSTROSITlES

Mrs. Jennie Towers. otherwise Mrs.
Daniel Flannery, the breezy young wonl-
an who was to the County
Jail by Justice of the Peace Schllehtihg'
of Hoboken, on a charge of falsely stat
ing to him that she was a resident OF this
State when she was married to Flannery
on July 6, was discharged today by order
of Assistant Prosecutor Van Wrinkle. Mi.
Van Wrinkle summoned Justice Schicht-
ing to the office and pointed out to aim
tina the young woman had not violated
any law, and that her commitment was
irregular. Justice Schlichting made out a
discharge n the young woman was re-
leased.
Assistant Prosecutor Marshall Van
Wrinkle said
awe have nothing to do with the young
woman's character or pedigree. she was
committed to Jail on a complaint that
charged no crime. This office would not
permit the woman to remain in jail as
committed. The marriage license law OF
1897 may be imperfect. AT all events the
punishment provided by it is for making
wilful and false statements in application
to the County Clerk for license The
woman's action was reprehensible, but l
can't say that the Justice used much
care. Clergymen and justices are often
deceived by false answers as to age. con-
sent of parents and things of that sort.
The general marriage statute provides
that if a Justice or clergyman suspects
that an applicant is under statutory mar
riagable age, he shall administer an oath
and procure an affidavit, and in that way
- 4:c 1;1oea1f Tn dofaa11t Of doing
this there is a penalty of $500 If the age
be actually less than legal age
.This provision of the old law should
furnish a guide to justices and ministers
in acting under the new license law. In
cases of doubt as to residence or where
the applicants are not well introduced,
an affidavit should be secured, or the
marriage refused. Unless such an affi-
davit is secured there is no way OF
reaching dishonest applicants and pre-
venting improper marriages. The making
Of a false affidavit would draw after lt
a prosecution for false swearing.
Unless the clergymen and Justices act
carefully and adopt this course, and use
honest Judgment besides, this office will
be compelled to prosecute the Justices
themselves. Reputable Justices hardly
need this caution; but there are some
10 adopt DR.. Stoddard's l~anguage-@Not
fit to yoke a couple of oxen.
1T is made a m-isdemeanor under the
| license law for a Justice to perform a
marriage ceremony between parties one
| Of whom is not then an actual and bona
| tide resident of this State, without the
presentation of license therefor obtained
in due time.
The performing of a marriage under
| these circumstances has been made GRIM
| NAL by this statute, and in such case the
| doing of the act without any purpose to
| commit an offence, will not operate as
| an excuse. If a Justice acts carelessly,
| but without specific intent to break this
| statute. he should understand that he is
| not thereby excused; for, where an act in
| itself not criminal is prohibited by statute,
| on grounds of public policy, and the
| statute does not make the criminality of
the act depend upon its being wilfully, or
maliciously, or knowingly done, it has
frequently been held that the criminal in
| tent is immaterial.
Honest marriages, even those Of the
clandestine Lochinvar kind, should be en-
couraged and in no wise hampered, but
| the Justices must understand that they
shall so act that the rag-tag and bob-tall
of other States shall not find in Jersey
Justices ready to marry them on sight