The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-01-06
COMMON
Law TEST.
Validity Of Such Marriages
in New Jersey
Questioned.
ESTATE OF MICHAEL. MuLLANEY
His Nieces and Nephews Say
His Administrators Was
Not His Wife.
ESTATE OF MICHAEL. MULLANEY

Judge Blair heard testimony yesterday
afternoon. on an application made by
Pauline E. Mullaney. of No. 1s9 Wander
poll street, Newark, to be appointed
administrative of the estate of Michael
Mullaney, who died in Bayonne on Decem-
Der 2, 1889. A caveat against the appoint
meHs was filed with Surrogate Lilss by
some nephews and nieces OF Mullaney.
who contend that the woman was never
married to their uncle and is not a proper
person to administer the estate.
The applicants claim TO be the widow
Z of Muilaney is based only on a common
law marriage IN New York City. Such
marriages are recognized in New York
State, but the question of their validity
has never been settled in this State.
Mrs. AIullaney is a stout, elderly wom-
an, on whose face traces of youthful
beauty vet remain She testified that she
nret Mullaney IN New York in 1862 and he
asked her to marry him. She consented,
but when she suggested that they be mar
Tied by clergyman he said it wasn't
necessary as their mutual declaration
that they were man and wife was sufii-
Gent They went to live together in
Spring street. The witness produced rent
receipts for the house in Spring street
and other places where they lived. She
also produced number of letters writ
ten, to her by Mullaney where she was
spending the summer. The letters began
Dear Paul. and Dear Pauline and
ended with yours until death" Your
Love- and other endearing terms. In one
letter Mullaney warned her to keep away
from the country boys, as he was very
jealous One letter was from Philadelphia
and closed with mo more from your hus-
band, Michael Mullaney.' When they
. moved to Bayonne the witness gave Null
laney 500 to start a grocery store and
ne was surprised that she had saved so
much money.
Counselor Hughes, who appeared for the
caveators, objected 10 this line of testi-
rnoiy on the ground that it was irrele-
want Counselor Salter insisted that it
was relevant.
r wish to show he exclaimed, that
this woman was a true wife and true
woman
The witness continued that a SON was
born in 1864 and was christened Simon
Keegan MuIlaney- The christening took
place at his grandfather,s house, after
whom he was named.
When the boy died. Mullaney purchased
a lot in the New York Bay Cemetery
and erected headstone. A. photograph
of the neaastone was produced and offer
ed in evidence. The Inscription on the
stone read:-s'Our Little Simey, son of
Michael and Pauline Mu1laney, born De-
cember 13, 1864, died March %, 1873, aged
years and 10 months" A verse selected
by Mullaney's mother followed the above
record.
Mrs Mullaney said that after the child
died her husband began to drink and
when drunk he was violent Once he
threw weight at her and another time
he chased her with a big knife. She be-
came so much afraid of him that she
went to his mothers house. The next
day she went to live with her step
mother, at No. II Ocean avenue. While
there Mullaney wanted her to go back
and live with him, but she was too much
afraid and refused. She went to Rose
VILE and lived with a cousin named Eg-
bert for four years.
On cross-examinaton. the witness said
she could not remember when it was
that she left Mullaney.
ssWere you ever known in Newark as
Mrs. Ellsworth" asked Mr.. Hughes
Yes replied the witness hesitatingly.
'WQaI was fLl1S WOIlA1 4ii<ol AAe1lhSs
81 don't know
WAS he colored man?"
81 don't know
sDo you mean to say you never. knew
Mr. Ellsworth
II know people Of that name?''
sDo you know colored man of that
name?''
Mr.. sa1ter objected to the testimony as
h rim an the
question of whether the witness was the
wife Of Mulianey or not. Judge Blair sus-
tained the objection and ordered all the
testimony stricken out except the answer
thai she was know in Newark as Mrs
Ellsworth.
"yhere you ever known in Newark as
Mrs. Hcimes ?" resumed Mr.. Hughes.
.No
"Do you konw a colored man named
Hclmes?'
question objected to and objection sus-
tanned.
did you ever know John Devlin, other
wise known as ssCharcoal Jack?"
Same objection and the same ruling.
The witness said that she only asked
Mnllaney for support once all the time
she was away from him. She was not
sure in what part of Roseville the cousin
with whom she lived for four years was
located.
"Did you claim to be Mullaney's wife
before his death?p asked Mr.. Hughes.
ssYes''
s'To whom n
"Charley winfield
on redirect examination, the witness
said that she had tried to call on her
1.,,r,,d ~, his last Illness but was re-