The evening times., 1899-10-11
REVERSED 7HH DECISION
A Maryland Widows Pension Cain
to Be Granted.
An Interesting Case i'm Which the
Marriage LAWS of the District Have
FiGured-Reasons fer Eliminating
the Adverse Presumption in the
Matter-Ihe Opinion of Mr.. Davis.

Assistant Secretary of the Interior Web
ster Davis has just reversed decision in
a pension claim rejected by the Pension
Office. The case is of local interest. The
Maryland marriage and divorce laws, of
which laws of the District are close cop
les, were taken as a basis for the re-
versal, the Assistant Secretary holding
that under the Maryland decisions the
same proof that will establish marriage
as good at common law will establish the
presumption Of religious ceremonial in
that State.
Rebecca, the widow of William Wiley.
late private in Company Il, Eievenln
Maryland Infantry appealed May 13 1899,
from the Pension Bureaus action reject
ing her old law widows claim on the
ground of her inability. though aided by
special examination, TO prove that she is
the legaf-widow of William Wiley, the
soldier, and that the evidence filed since
the rejection of her claim, October 2S,
1888. is not sufficient TO warrant reopen
ing Of claim.
Both the soldier and the claimant had
been previously married. The claimants
first husband died, and the soldiers first
wife died prior TO his alleged marriage to
Rebecca.- She alleged in her application
that she was married TO Wiley in Balti-
more, March 10, 1857. The only question
considered an the appeal was whether the
evidence established the fact that the
claimant was married 10 the soldier.
Rev. John W. Hedges, aged seventy
nine, testified he married the couple in the
Jefferson Street NJ E. Church Baltimore,
in 1857. He did not remember whether he
had returned the license or not, although
he -sostla hot a1 ha
without license. Joseph A. Craft testi-
fed that he witnessed the ceremony, which
took place in the minister's house, the min
lister being of the Jefferson Street Church.
Rev. Howard Downs pastor of this church
last year. testified that he had examined
its records, -bGt-had found no record of the
marriage OF this couple. The testimony
further showed that from the date of the
alleged marriage to the date of Wiley's
death, except the time the soldier was
awaysin ser yice, they lived together in Bal
imore as husband and wife, and were so
regarded by their relatives and friends
The adverse Presumption of the Pension
Bureau was raised II was based on the
facts that there were no official records of
the marriage or the issuance of license,
and that the claimant gave the name of
Owens. as the, officiating clergyman and
Il. II,
Baltimore. In his decision Assistant Sec
retary Davis says:
mere Is n6 provision in the statutes OF
Maryland which contains any positive dec
laraiion that marriages not celebrated in
the manner prescribed by the statute shall
be vcid. In constituting the Maryland
statutes, which, by act of Congress ap-
proved February y, 1901, were continued
in force in that part of the District of Co
lumbia ceded by Maryland TO the United
States, as applied TO marriages in said
District, il was held in the case OF Annie
Higgins that marriage per verba de pre-
senu was valid at common law and is valid
in the District of Columbia
The Assistant Secretary goes on to cite a
number OF Maryland decisions showing in
that State marriage is proved by general
reputation. acknowledgment etc, in all
cases, except actions for criminal CONVEX
satIon and prosecution for bigamy; that
by the law OF Maryland a valid marriage
cannot exist unless il is celebrated by a
religious ceremony; that ii was not re-
quired that the marriage should be proved
by witnesses who were present at the
time, but such facts must be proved as in
the contemplation of the law will justify
the inference that a religious ceremony
has been performed and that the decla1a-
tions OF deceased parents are admitted as
evidence TO prove the legitimacy o. their
children. The law of Maryland always
presuInes in favor of legitimacy. Where
the proof shows that the couple lived to-
gether as man and wife, the presumption
is always INDUCED that the marriage rela-
ton is legal rather than otherwise; that
if parties live ostensibly together as man
and wife, demeaning themselves as such,
and especially if they are received into So
ciety and treated by their friends and re-
lations as having and, being entitled to
that status. the law will presume that they
have been legally married.
While the claimant alleged in her decla-
ration, continued the Assistant Secretary.
that she was married by Rev E. D. Owens
of Baltimore, and the church or parsonage
where she was married was ST Johns,
whereas the evidence offered is TO the ef-
feet that the clergyman's name was Hedges
and the parsonage where the service was
performed was that of the Jefferson Street
Methodist Episcopal Church, i do not think
the strict rules OF common law pleadings
should be applied and her claim rejected
because of variance between her allegation
and proof, and which variance can in the
courts generally be cured by an amendment
of the pleadings so as TO conform to the
proof.
The adverse facts in this case. says Mr..
Davis, are that at the time of said cere-
moniai marriage, the claimant had
lived with the soldier and that she DELAYED
her application for pension for nearly twen-
ty-six years after his DEATH although her
delay may be accounted for from her re-
luctance 20 make public the facts until
forced by age and poverty to make the ap-
plication. Her pastor and physician testify
to her extreme poverty, and her case is one
that appeals strongly for and deserves spe-
cial attention.
The Assistant Secretary is of the opin-
ion, first. that under the Maryland de-
cisions, the same proof of the marriage
relation. general reputation, and acknowl-
edgment that will establish a marriage
good at common law will establish the
PRESUMPTION, Of a religious ceremonial in
that State second, that the evidence in
this case fairly establishes a valid mar
riage of the claimant and the soldier,
under the laws of Maryland, and the ac-
tion rejecting her claim on the ground
stated is accordingly reversed
The Rev. E. d. Owens, mentioned above,