The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-11-22
A SERIOUS QUESTION.
Are Georgia Divorces Valid in This
State?-An Interesting Point at
Issue in Lexington Case.

Lexington, November 1o.-A case
of unusual interest was commenced
and concluded in the court Of gener-
al sessions here today. The final
decision of the supreme court in the
case may affect the validity Of several
marriages in South Carolina, where
one or the other parties to it obtained
a divorce in the State Of Georgia.
Does the comfy between states go
to the extent of making it imperative
upon South Carolina, on-divorce
state. to accept the DEGREES Of the
courts of Georgia granting divorces to
South Carolinians. who return TO
thei: native countries and marry
again? In other words, can a citizen OF
South Carolina, in order to secure ?
divorce. temporarily absent himself
from his donicile in this State, rent
room in Augusta for the purpose
Of claiming citizenship Of that baili-
wick. When he does so, does he lose
his Carolina citizenship, and do the
courts of Georgia have jurisdiction
over his person in the matter .;
granting divorce, vinculo matri-
moni which the State of South Caro-
lima denies him?
These are interesting points brought
out in the case tried today against
William Westmoreland for adultery.
In 1875 William Westmoreland,
postmaster at Samaria, in this coun-
ty. married Miss Malsey .Duffey, also
of this county. Seven children were
the result of the union.
In 1895 he applied to the superior
court Of Augusta, Ca, for a divorce
on the ground that in 1892 his wife,
| Malsey Westmoreland, had deserted
him and were still deserting him. A
copy of his petition was SERVED upon
his wife, who did not oppose the pro-
ceedings.
On the finding of the jury in the di-
vorce proceedings, Judge E. H. Cal
loway, judge of the superior court OF
Richmond county, Georgia, ordered
and decreed, that the said William
Westmoreland and the said Malsey
Westmoreland be, and they are here
by, totally divorced from each other. )"
And it was ordered and decreed that
they each be privileged to marry
again without any restraint imposed
| by their said marriage to each other" :"
Two years after this decree was
granted William Westmoreland mar
led again and went to housekeeping
With his bride, nee Miss Adora Bur-
CESS in the community Of his South
Carolina home. Three children are
| he result Of this second marriage.
| And now come the neighbors Of that
;icinity. in which Westmoreland has
lived with his second wife for six
! -ears, and indict him for adulterous-
living with her. His trial today re-
suited in a verdict Of guilty, and
Judge Gage imposed a sentence on
Westmoreland of four months on the
chaingapg, or pay a fine Of S400. The
result of this verdict is far-reaching.
and not only affects Westmoreland
himself, and his second wife, but
practically stigmatizes the children Of
this second marriage as bastards.
The Supreme court will have sew
eral very interesting qquestions to set
tie in this case.
| This is the first time, on the GRIM
inal side Of the courts, a case Of this
kind has arisen, and for that reason
it will be we'll to give the main legal
features Of the proceedings, as the
final status of the case will establish
a precedent, and the declaration Of
the supreme court of South Carolina
will lay down the law more clearly
~ reference to this matter of COM
between the States and jurisdiction
of the person.
AS a defense of the charge against
him Westmoreland, through his coun-
sci. offered the decree of divorce
granted him by the superior court Of
Augusta, separating him from his
first wife; and also the marriage
license he obtained from the ordina-
~ court Of Augusta and the marriage
certificate Of the justice Of the peace
who united him in the holy bonds of
matrimony to Miss Adora Burgess,
his second wife.
The States position was that the
divorce was not good for the reason,
as the solicitor contended, that the
courts of Georgia had no jurisdiction
over Westmoreland, as he was not