The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-09-14

OGDEN news
Ogden Office. 2O5 Eecies
Building. Telephone II.
ogden. Sept. a.
MARRIED ARE SEVERED
Couple Wed on Friday Are Sep.
arated on Saturday-Groom
Blames Minister.

Miss Gertrude T. Hendricks and
James NJ. Darby were yesterday freed,
so far as d court decree can free them,
from the alleged matrimonial bonds
tied the previous day, or, in the vague
language of one of the legal docu-
ments, freed from one certain mar
rage, or agreement to marry, or both"
Attorney Henderson appeared in the
district court yesterday morning and
filed the complaint drawn the day be-
fore, in which the girl charged that
Darby had used misrepresentation and
Instrumentation 20 get her consent to
the marriage license and ceremony.
and asking that the license and the
ceremony be decreed set aside and
annulied as though they had never
been. Darby, anxious 10 get out of an
unpleasant situation. had signed an
answer. admitting the complaint and
asking that the decree be granted
Judge Rolapp promptly granted the pc
tition and incidentally gave Darby a
roast that still rankles in his soul.
Darby is a well preserved, horny
handed ranches, and after the decree
and the roast he bethought himself
that perhaps, after all. he might not
be entirely out of thu scrape. so he
vice. Maginnis hastily consulted the
court records, but found 1t too late, as
all the papers had been filed. He did,
however, draw up a release, absolving
Darby from all future liability. and
after much discussion the girl con-
sented to sign the following agree
ment
Agreement
Entered into this day by and be-
tween Gertrude +. Hendricks, party of
the first part, and James M. Darby,
party of the second part, is as follows:
That for and in consideration of the
sum of SIS, lawful money of the United
States. this day in hand paid by the
said party OF the second part to the
said party OF the first part, hereby re
leases the said party of the second
part from any and all liability under
which he now is, IL any there be.
growing out of a certain marriage or
agreement TO marry. or both, which
has been or attempted to be annulled
by decree OF the district court of the
Second judicial district.
Witness our hands this 18th day OF
September.
GERTRUDE F. HENDRICKS.
Party or the First Part.
JAMES NJ. DARBY
Party of the Second Part.
In the court proceedings the First
National bank and the Boyle Furniture
company were made party defendants.
merely to protect certain financial in
terests in the transaction, Darby hav-
ing money in the bank and the two
had bought furniture before the cere-
mony. intending to take the same up
to the Idaho ranch.
Darby talked quite freely of the af-
fair yesterday and attributes his fall
ure 10 land the girl to the meddle-
someness of the Methodist minister,
Rev. G. S. Warner. Il never deceived
the girl" said Darby. 4 told her the
plain truth. We have been cOTre-
spending for about two years. I sent
her money TO come to Ogden from
Council Bluffs, and together we went
and bought some furniture after she
arrived here. We went up and got the
license and went to the Methodist min
lister TO get the ceremony performed.
He asked her about a thousand ques-
tons and she gave the whole snap
away. Then she cried and the min
lister sent us out to talk 1t over. We
did so and then went back to get mar
ried. After the ceremony she broke
down and then the preacher got at
her again and she said she was sorry,
and / thought we had better call 1t
all of. l did not care how, and l took
the easiest way out of it, l thought"
Married and Sundered.
Miss Hendricks returned yesterday TO
her home in Council Bluffs.l Darby
may remain in ogden for two or three
/ days.
There is considerable difference of
! opinion among the legal fraternity
about the question whether either of
/ the parties can legally contract mar
riage again without the formality of a
| divorce. Some of the attorneys insist
/ that a marriage contract cannot be
/ annuled except by routine divorce pro-
! ceedings, but as neither party have q
! residence in this state they cannot
/ bring an action for divorce in this
/ court. The attorneys taking this view
/ hold that the young lady deliberately
/ entered into the marriage contract
| even when warned by the minister and
other friends and that the deception
] practiced to get her 20 come from Iowa
/ has no bearing on the contract finally
/ entered into.
/ However. neither OF the parties vii
be apt to raise the question.
Dead Body Found.