The Providence news. (Providence [R.I.]) 1891-1906, 1902-01-17

There was a very interesting hearing
before chief Justice suness and Justices
Tin.nrhast and Rogers today In the case
OF Rhode Island Hospital Trust company
vs. Hannah Thorndike and others This was
bill brought for the purpose OF obtains
ing the instruction and direction of the
court and the protection OF it's decree In
paying over the income OF certain trust,
held by its trustee. under appointment Of
the court in place OF George quincy
Thorndike 10 administer the trusts cre-
ated by the will OF Sarah Thorndike
formerly OF Newport, now deceased.
The big question raised IS as 10 which
marriage OF James Edward Thorndike
was legal or perhaps Il is better TO say.
was the marriage 10 Hannah Hale IN
England legal, and I'm marrying Hannah
Hale, was he guilty OF bigamy
One party TO the controversy claims
that previous 10 the marriage on oct
10Th, 1888 In England, ''at 81 Michaels :
Toxette, In the parish of Walton-on-the-
Iiill i'm the county OF Lancaster. Mr.
Thorndike had been married at Ruther-
ford Park. ~ j., by one Mansfield French
10 Lizzie Gale. an actress.
The first marriage is alleged 20 have
taken place IN 1873 and Thorndike Is
claimed to have lived with the actress as
her husband until 1881. AT the time OF the
English marriage the actress was living.
and the actress. hut there were five chill
dren born as the result OF the marie ge
of Mr. Thorndke TO Hannah Hale Should
the marriage 10 Miss Gale be considered
as proved the children OF Hannah Hale
will get no part of the fund now in the
Rhode Stand Hospital Trust company's
possession.
The testator. Sarah Thorndike, gave TO
her son George Quincy Thoyndike n
trust sl05,0oO directing him TO pay the In
terest of $4,000 10 his brother. James +.
Thorndke, during his life and $4,000 was
payable 20 James f.. the son OF James +
Thorndke There was provision that II
the children OF James r. Thorn
dixie died leaving fawful issue the
interest or income TO which said child
would be entitled was TO be paid To or for
the support OF such lawful Issue.
The establishment OF the marfieg ge OF
lanes Edward Thorndike 20 the actress
is the purpose OF his brothers and sisters
for II that marriage is declared legal
then his share of the income OF $4,000
formerly paid him would be paid as fol-
lows: To j. Prince Thorndike. two
eighths; TO Sarah III. Clarke, two-eighths;
10 Caroline M Thorndke. one-eighth; 20
Grace Nelson, one-eighth; 20 Samuel II.
Thorndike, one-eighth.
MADE No PROTEST
The testimony taken in the case pre-
sents a very interesting set Of circum-
stances Miss Gale IL she was really married
20 Thorndike knew he had been married
again and made no protest when she
heard of the marriage, good while, IL Is
true. after II had taken place.
No marriage certificate was given Lizzie
Gale aud the witnesses are all dead. The
son of the minister who performed the
ceremony wrote letter 60 the trust COM
pany In which he stated that his father
had said once that he married Lizzie Galc
10 Thorndikc. j. Aston Brown, theatre
cal manager, said he met Thornton i'm
London shortly after the Hale marriage
end asked him how his wife Lizzie was
snd Thorndike replied: "All right
John y. Lonsdale guardian al litem. Of
the Ave children of the Hale marriage.
argued that the evidence IN support oT
the Gale marriage did not prove even a
common law marriage Mr. Lonsdale
dweIt at length ON the claim that Miss
Gale and Mr. Thorndike went Ca q minis
tcr's home in New Jersey and depended
on the members of the family 10 after
wards assert The marriage.
There was no marriage certificate as
there certainly should have been In this
case.
PLEA FOR THE CHILDREN
Tic made an eloquent plea for the chill
drcn whose care was entrusted 20 him and
cited many authorities ON his brief IN
support of the claims in behalf Of the
children OF Hannah Hale. Taking an the
circumstances of tho case counsel asked
WAS ever woman IN this manner WOO
cd"
The argument OF Herbert Almy. coun-
eel for the brothers and sisters of Thorn
dixie was a careful one. He made many
strong points by his use of the evidence.
Thorndike had when ne wanted to sell
real estate secarcd the signature Of Mise
Gale as his wife. There were many wiz
nesses who told Of Thorudike's having in-
troduccd Miss Gale as his wife
Very conclusive was the proof Mr.
Amy argued. that Miss Gale was Mr.
Thorndikcs common law wife. There was
reasonably GOOD proof. too. that there
had been marriage ceremony ln New
Jersey. While the court had never de-
cIared common law marriage - be
marriage in this state stin the United
states court In this state had nasSed
upon such a marriage. and gave the wife
her rights under 70. The court Mr Almv
said. would be constra inen 20 hold = com
mon law marriage legal ss the other
courts had done so.
UNIQUE FEATURES.
There are some unique features about
the case. One witness said n was hard 20
positively -rha-rL-.s- married in the
theatrical profession. on. of ihe sisters
cf Thorndiks wrote ~ anpfhsr to get her
brothers 10 sign od their Interest az thc
children OF ihe deceased needed ths money
very much and the same writer aeaIn
wrote saying a would BE- better 20 heht