Los Angeles herald., 1908-10-09
SEEKS DIVORCE
FROM MAN SHE
NEVER MARRIED
MATRIMONIAL TANGLE TOO
MUCH FOR COURT
WOMAN TELLS STRANGE STORY
OF WEDDING
Mrs. B. stacia Penn Spencer Does
Not Know Whether She Has
or Has Not a Hus-
band

Mrs. B. Stacia Penn Spencer, hand
some woman of 2S years, occupies a
peculiar position. Am 1 married or
unmarried? Shall [ continue in my
doubtful position or seek a divorce
from a man who 1 believe, is not by
lawful husband?" are the questions
which have been worrying her mind for
months. She finally decided on the lat
ter step, and told her story yesterday
IL the superior court.
Mrs. Spencer-a name to which she
does not believe she is entitled, ana
which she doesn't want, for that mat
ter-said she married a man named
Penn when she was but IA years of age
and after she had left Georgia con-
vent Three children were born TO
them. Six years ago her husband died,
leaving a small estate. Mrs. Penn used
the proceeds to come to California,
bringing her children to Los Angeles
and placing them in a convent.
Then she procured position as traV-
cling agent for A. Irish, mining hrok-
er, and spent a large part of her time
in trips to various parts of California
and other states, selling mining stock.
ION September IL, 1906 said Mrs.
Spencer, ''I was sent to Chico, Cal, by
Mr.. Irish to meet Frank M. Spencer,
who had a placer claim. L was to get
a bond on the property from my en-
ployer.'
"Married in Fun"
Mrs. Spencer said she met Spencer on
her arrival and together they went TO
a restaurant, in company with another
man, a stranger. The trio indulged in
liquid refreshments, not TO excess, si1e
said, but sufficiently to cause a good
fellow feeling toward each other and
the world in general.
''WhiIe we were laughing and talk
ing" said Mrs. Spencer, spencer pro-
posed marriage. 1 entered into the fun
and agreed, suggesting that the cere-
mnoy take place at once. The strange
man then arose and mumbled some
words and pronounced us man and
wife,"
Spencer. she said, left the restaurant
shortly afterward, and she thought no
more about the incident until tlVe or
six months later. when she learned
that he was proclaiming himself as her
husband. =
Then a search of the records fol-
lowed. 1t was found that the county
seat where a marriage license could
have been secured for a ceremony at
Chico is Red Bluff. An investigation
disclosed the fact that Spencer had
secured a license to marry Mrs. Penn
"of San Francisco two days prior to
the date on which the supposed we'd
ding occurred, and that on the same
dav a ceremony had been performed by
the pastor of St Peters Episcopal
church at Red Bluff.
Mrs Spencer, or Penn, said she dld
not leave Los Angeles for Chico until
September 10, and her employer and
Mrs. Hamburg. 247 South Flower
street, where the bewildered woman
lives. corroborated her statements in
this respect.
Too Much for Lawyer
How she could marry Spencer and
not be present at the ceremony puzzled
the woman, and she appealed to law
yer. The matter proved too much for
him. and a divorce action was sug-
gested. The perplexing problem was
transferred to Judge Conrey for solu-
ton.
When Mrs. Spencer, or Penn, left the
court room yesterday she occupied the
same position she was in when she en-
tered. Judge Conrey denied the dl-
vorce on the ground that no evidence
had been introduced to show a mar
riage ceremony had been performed.
The grounds for the action We're de-
sertion and non-support, Mrs. Spen-
Ger saying Spencer had not written to
her or given her anything since the
time of the doubted wedding, and that
they had never lived together as man
Vrffa