The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-12-29
NO EVIDENCE OF MARRIAGE
Counsel CI.frn Nome EXISTED Between
E. G.. Allen aad Harriet Allen.

Counsel C1afm None Existed Between
E. g. Allen .ad Harriet Allen.
Boston. Deosmbr 28.-Elbridas q.
AIlsn, Jr., continued his Testimony In
the case In which the administration Of
his fathers estate is involved, yester.
day, after recess.
On one occasion witness and his
mother came to Boston and visited Mr..
Allen at the lattsr's offios In the Park
sgt are station OF the N. Y, N. H. &
| u. railroad. During the interview Wit
ness was asked to step from the room.
"Aftsrward, said witness. "my moth
er told me that my father asked why she
came TO Boston. and wanted 10 know II
she was not afraid Of him. when she
said she was not, he stood before her
WI th clinohed hands and asked her II
she was the devil"
Harriet E. Allen was recalled and gave
udimportant testimony.
This closed the case for the pstitionsr
with the exception Of the testimony Of
one or two witnesses whoss evidence
counsel said was Of small importance.
MIR. q. ". Choate, Jr., In orening for
the defense, said he wished to call atten.
ton of the court TO the singular fact Of
the absence Of that evidence which 10
generally so accessible and 10 invariably
capable OF being produced.
He read from the statutes In foros rela-
tive to marriages at the time when the
alleged marriage of the petitioner is as
serted to have taken place. These statutes
required returns by those solemnizing
marriages. and impoted penalty for
failure to comply with the laws. They
also required filing of notices Of inten-
ton to marry and the taking out OF IL
csnses, the license or certificate to be pre-
sented TO the person asked to perform
the ceremony.
Continuing, MIR. Caoata said: at Is
beyond controversy in this case that not
one Of those requirements wsrs fulfilled,
and this hasa strong bearing on the
evidence which i sail ofier. sitt ough
the lack Of THE would not invalidate
mariiag hr< one actually taken place.
But no return was made by hr. Muir
ray, who In asserted to have married them
and no record appears relative TO such
marriage on any of the public records.
els 10 possible that respecta5le or
dGiaei clergyman would have twice sub
| coed himself % penalty for falling
10 comply with the Iawf Deeds have
teen put In where Airs. Aliens name
appesrs but We shall put In later desds,
made when Mr.. A len occupied n far more
conspicuous position, which contained
the statements that he was unmarried.
''ws shall show that In January last
MIR. Alien openly married bloca 4.
Rawson Of Moonsockst; he was not then
toy, but business man of ability.
with every thing to risk, and yet the pc
sitioner say that under These conditions
he committed a.orffDe and before he did
so told the one psrson IN the world who
could ruin aim what he intended TO do.
sit Ia inooncs iynbla that had Mr.. Allen
| been married TO the petit oner he wonld
| have t,ken saoh IA course.
"We do net sttsuipt to deny that for 20
years he supported the ps t'tioner and
| held her ont as his wife, but ais was for
tho sake of the Toy whom hs loved. Mr..
| Ills mi tier aud hid net int,nd TO shake
Off his responsibilities al a man.
"rhs plaiItif has told of an eiope-
| uert that was planned, bat We shall In
| troduce evidence tt show thet II was
no elopsmeut and tast t was net nEdsr-
| 8 ood by tue pet TONER to be ona. MI
| a lien held OFT tie psf tioner rs his wife
to his reis yes and friends because no
had to; t was u matt II OF expediency.
"Ws are trying t. solve here t ne mys-
| tsry of that mat = life and We behave we
can convincs tie court that II the Pc
| TONER can prove her cass' I sat II wa,
a most extraordinary and unusual course
| that he took.
I'VE bsiieve We can show tist when
| tha meeting took place at the Park square
ct alton 1t was held because bttn MI.
Allen and the pat TONER fs.t toat tas
tIne had come whsn this boy should
know OF the relations betwesn his father
and mother: yes the meeting was n fail
ure, becauie neither could make up their
minds to tell.
Mr.. Choate referred at length to the
peculiar conduct of the petitioner on
learning that Mr.. Allen had married Miss
Rawson, and commented on the fact that
shs did not attend the funeral as his
widow or attempt to do 40.
| At the conclusion of Hr Choate's open
| ing the with .sses for the defense were
called, the frat 20 Testify being franklin
| d. Ridsout, assistant register OF births
| and marriages In Boston. He produced
the record Of marriages for March, 1879,
and testified that although he had ex
aminsd them he found no rscord OF any
marriage between Eibridge u Allen
and Harriet h. snow.