Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-21

halan. as referee. and it was on his
| recommendation that Justice Mccall
signed the decree. 1t will be three months
before the decree can be made final.
After reciting the fact that the referee s
report was filed April 80 last. Justice
Mccall DEGREES:
That there has never been any mar
riage between the plaintiff and the de-
PENDANT. and that the plaintiff was never
legally married to the defendant.
That the purported marriage described
in the complaint herein between the plain
tiff and the defendant is null, void and
of effect and that it be accordingly
annulled 1t is further ordered. adj
judged and decreed that this judgment is
interlocutory only and that final judgment
shall not be entered in this action until
after the expiration of three months after
the filing of the report OF said referee
herein and this judgment. and after the
expra ton of said period of three months
| final Judgment shall be entered upon said
report and this judgment unless the court
| in the meantime shall otherwise order,
and ii is further ordered. adjudged and
decreed that no costs be awarded to either
party herein.
Pleadings in the Case.
The pleadings in the case. the testimony
taken before the referee and the latter's
which was sealed. There was no formal
order Of the court sealing the papers. but
the only document open to inspection was
| Justice McCall's decree.
| The ceremony which Justice Mccall
/ finds was no marriage was performed by
Justice of the Peace Boyd at Manaro-
/ neck December IS 1863 Miss Maloney
gave her name as Helen Eugene. twenty
one years old of Pittsburg. She said
that her fathers name was John Eugene
AMI her mothers Mary Bryce. Osborne
said he was Herbert Ogden of Pittsburg.
/ twenty-five years old. and gave l.. NJ
| Ogden as his fathers name and his
mothers as c. l.. James. The witnesses
were Miss Marian Graham and Mrs. Z.
H. Boyd, wife of Justice Boyd.
Kept Marriage Secret.
| Miss Maloney and Osborne kept the
matter secret until last October when
Miss Maloney went to Europe with Sam
uel Clarkson, a young Englishman. Be-
| fore sailing for Europe they went to
| Canada, when. it was said they went
| through form of marriage.
| There has been much discussion pend
! ing Justice McCalls decision especially
among lawyers in the county courthouse.
as to the grounds on which the marriage
of Miss Maloney and Osborne could be
! legally annulled
These are very few. and in the face of
Justice Boyds clear memory of the cere-
| mony he performed there were many
who did not hesitate to express the
opinion that action for annulment
could not possibly succeed.
Did Not Constitute Marriage.
Justice Mccall, acting on the recon-
mendation of Referee Cohalan. decides
that the ceremony performed by Justice
| Boyd did not constitute a marriage; on
Vhat ic the teSf-
mcny taken before the referee remains
sealed. The Maloney family are prom-
nent Roman Catholics. Mr.. Maloney was
made papal marquis for his benehcence
! some time ago, and it has been said tnat
/ the annulment suit was decided on TO
| allow Miss Maloney to wed Clarkson with
out violating the tenets of the Catholic
! Church
a, the time the referee filed his report
Justice Mccall said that he would nave
the papers in the case sealed. If he
ceemed il advisable in the public interest.
ne appellate division decided some time
ago that this can be done, and evidently
from the manner in which all the pa
pers. with the exception of the decree
We're sealed yesterday, the court exercised
IL discretion against publicity.
Clarkson Marriage Also Denied.
! PHILADELPHIA, May Y.-Follo"lng
the announcement that the marriage OF
Miss Helen Maoney and Arthur II. Us
borne had been annulled In Ne" YORK
II vas said last night by Henry A. smith
representing Martin Maloney, that there
had al.o been no marriage to Samuei
/ 'larkson. the young EnglSnhiaH WIN
whom Miss Maloney went away IN DC
TONER last year.
Further than to say that Martin Ma
inney took the attitude that his daugh'
ter Helen is now single Wohah' W,
Smith refused to discuss the tangie. lie
sai. that legal proceedings had decreed
tina; Miss Maloney had not been ieeails
married TO Osborne. Following that de
cision. he said. he was authoriZsu
stat, that Miss Maloney was not the wife
Of Clarkson. although it had been oe-
clared that the couple We're wedded IN
Montreal. after which they Travelled To-
gether in England.