Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-29
MIXED UNIONS NULL
Mrs. Johnston Quickly Freed,
Expects Her Attorney.
SHE is NOT REC0NCILED
Still Bent Upon Devorcing Man Shs
Believes Is Negro.
PROCEEDINGS ARE INSTITUTED
Welded in Maryland, Where Law
Against Miscegenation Voids
Marriage.

Active measures to secure annulment of
the marriage of his client. Mrs Annie
Johnston, to Albert r. Johnston. her hus-
band, were inaugurated today by Attor-
ney Richard B. Evans.
In an interview this morning Evans de-
clared his belief. in the event Mrs. John
ston is able to substantiate her claim that
her husband bears the faint of negro
blood that no tedious court proceedings
will be necessary. as the law Of Mary
land is particularly explicit in specifying
as null and void any marriage between
white and negro.
Johnston and the then Miss Annie
Sheedy were married in Baltimore Au-
gust %. 1905" Evans said. ut is my
opinion. even II a reconciliation should be
effected. and IL Mrs. Johnston's allega-
ton should be proved. 1t would be neces-
sary for the couple to be remarked in the
District Of Columbia. or some other ju-
risdiction which does not put the ban upon
mixed unions. If they were to be regarded
legally as man and wife.
This would be true particularly be-
cause the District Of Columbia does not
recognize the common law marriage. So
that Mrs Johnston. in living in good
faith with her husband, could not thus
have contaminated a legal marriage
Papers Are Filed.
The necessary papers in the case to in
stitute annulment proceedings were filed
yesterday in the District Supreme Court.
1t Is possible that the only phase Of the
action to be tried In this Jurisdiction will
be the determination Of the truth or
falsity Of the wife's statement concern
ing her husbands color.
Inc bill contains other allegations
against the husband. Mrs. Johnston &C.
cusing him also Of cruelty and OF threats
against her life. But these, Evans says.
under the law are not cause for an
absolute divorce. Consequently, it is upon
the effort to secure evidence to prove
Johnston's alleged African ancestry that
the burden OF the proceeding will rest.
Because OF the appearance Of q story
In print this morning to the effect that
Mrs. Johnston had withdrawn all her
claims that her husband is Of the colored
race; that she still loved Johnston deeply.
and that she hoped a reconciliation could
be effected. Attorney Evans went to see
Mrs. Johnston at her home, S12 9th street
northeast. this morning.
Did you say any OF the things which
were attributed to you in the paper this
morning." queried Evans
mo. did not. All that story was
made up. I never said any Of it, Mrs.
Johnston replied.
DO you want to live with your hus-
band again."
mo. Sir want to be free. and am
going to be. I believe he Is a colored
man. and have said so. 1t Is up to him
to prove that 1t amt So"
No Love for Husband.
"Can you say absolutely that, down in
your heart, there is no lingering spark Of
love for him: that you would not have
him back. even for the sake of the
child?"
Mrs. Johnston was holding in her arms
her little girl. a baby Of twenty months.
She gazed at it lingeringly for a mo-
mont. When she answered the question
there was no trace Of hesitation or of re-
greet in her tone as she declared her de-
sire never to sec her husband again.
why. he struck me and choked me
the morning he went away, the 9Th of
August" she continued. land he came
back here last Tuesday. the anniversary
Of our wedding. August Is, and said he
He grabbed my arm and nearly broke
it, Finally had to run into the house of
one of the neighbors to get away from
him.
Mrs. Johnston said she had no money
to buy food either for herself or the baby,
and that she has received no assistance
from her husband since he went away.
Her family and her friends. however.
have helped keep her from absolute
want.
Mr.. Johnston is an employe in the cleo
telephone operator. He will not talk
about the action Of his wife. He says
his attorneys have cautioned him to say
nothing.