The Newtown bee. (Newtown, Conn.) 1877-current, 1903-04-24
Ten Pages.
New Milford.

STRANGE CASE IN NEW FAIRFIELD.
The towns of New Fairfield and
Sherman have been greatly wrought
up over very unusual and peculiar
law case, in which the town Of Sher-
man maintains that the marriage Of
Alfred Simons and Mary Britton was
brought about because New Fairfield
believed that by such marriage Mary
Britton after she became Mrs Simons
of Sherman, would be chargeable to
that town and also her 1S-months-old
mulatto baby. Such, it turns out, is
not the law, as there is joker in the
statutes which provides that where
paupers marry neither town shall be
the gamer, but each town shall take
care Of its own. This has application
also to persons who received assistance
within the year OF their marriage. II
the State maintains its case it will be
a serious matter for two prominent
officials OF the town, Selectman Henry
Backer and Town Clerk Edward Jen-
nings, as these are the gentlemen
against whom the charges are brought.
1t is alleged that Alfred Simons of
Sherman (colOred), was married to
Mary Britton (white) Of New Fairfield,
by Edward jennings, town clerk of
New Fairfield. There is charge
against Henry Backer, first selectman,
for aiding and assisting in this mar
riage.
The statutes under which the case is
brought are Sections 1854 and 1856 of
the revised edition of 1902.
Section 1854 says: Every man and
woman, either of whom is epileptic,
imbecile, or feeble-minded, who shall
intermarry or live together as husband
and wife when the woman is under Is
years Of age, shall be imprisoned not
more than three years. But nothing
herein contained shall be construed a.
affecting the mutual relations of any
man or woman lawfully married on or
before the 3lst of July, 1895.
Section 1855 says: Every person who
shall advise, aid, abet. cause, or assist
in procuring the marriage of the per-
sons described in Section 1854, know
ing them or either Of them to be ep-
ileptic, imbecile or feeble-minded,s shall
be fined not more than $1,000 or I'M
prisoned not more than five years.
The case is being tried before A ttor-
ney Wakeman of Danbury. For the
State there is that astute lawyer, At
torney J. F. Adds of New Milford, and
the equally well-known lawyer, Attor-
ney Dempsey of Danbury. For the
defense two prominent Danbury attor-
neys are employed, Messrs Taylor and
Bates. The case has now been on
trial four days in New Fairfield, April
2, 9, 16 and 81. The prosecution has
put on some 60 witnesses, those ap-
pearing, last week Tuesday, being
Keith Joyce, Fred Dayton, David
Richmond, Mrs Charles Hatch, Nelson
Hungerford, Henry Wildman, Russell
J. Scudder and others. The State by
it's witnesses has endeavored to show
that the parties at interest were i'm
beetles and that the two prominent
New Fairfield officials conspired to
bring the marriage about, 50 as to
foiSt the couple on to the town of
Sherman.
The defense claims that neither ST.
mons nor Miss Britton were weak
minded or imbeciles. II they were,
neither had knowledge of the fact.
The defense holds that the defendants
bad no motive in Investigating the
marriage. Mr. Jennings married the
couple in his official capacity as justice
of the peace, just as he would have
oficiated at the union Of any other
couple who had a license and wanted
to wed.
The case will be watched with great
interest, not only on account of the
seriousness Of the charges, but because
of the prominence of the officials
accused.