Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-31
MAY REJ0|N OSBORNE OBITUARY OF ELOPER|
Reconciliation With Helen Ma Father Publishes Death Notice
oney in Progress. for Daughter
CHURCH DENIES DIVORCE |HE DOESN'T SEE ROMANCE
Wantng Declares His New Soninaw Had
Not Exist in Case. Yellow Streak
CANNOT MARRY GARRISON REQUIRED CLEAN WHITE MAN
Wedding Ceremony Before Catholic
Priest Not Done Joke,
Is CHARGED
Reconciliation With Helen Ma
Ioney in Progress.
CHURCH DENIES DIVORCE
Causes Warranting Annulment Do
Not Exist in Case.
SHE CANNOT MARRY GARRISON
Wedding Ceremony Before Catholic
Priest Not Done in Joke,
Is Conclusion.

NEW YORK. August 31.-Only dealt
will make Arthur Herbert Osborne o,
Helen Maloney free to contract anothe,
marriage without accommodation from
| the Church Of Rome. Their marriage will
not be annulled by the pope and the col
lese of cardinals.
The case has been passed upon by the
highest authorities in ecclesiastical law III
this country. Their conclusions. from the
facts in the case, prove the absolute fu
tility of carrying the case to the highest
authority.
A reconciliation between Osborne and his
wife is now in progress. The Church OF
Rome always follows the state in validat.
ing the first marriage contract 1t does
not follow the state In the dissolution OF
the sacrament
There is no divorce in the Church ot
Rome. marriage is either annulled OIL
it remains a marriage. Legal separation
is admitted by the church, but this does
not leave either party to the first mar
rage free to remarry.
1t is learned exclusively from one of the
dignitaries Of the church. through whose
hands Miss Maloney's case has passed
that according to the laws of the church
there is absolutely no ground for an
nulnent.
Rules of Catholic Church.
These are the causes for which annuI-
ment may be obtained:
That one of the contracting parties be
not of sound mind.
That fraud and deception as to the
identity of either party be practiced in
order to consummate the marriage.
That one of the contractors be forced
by violence into the contracting of such
| a contract.
That for physical reasons it be impos
sible to consummate the marriage.
That previous vow of conservation tt
a religious life be registered.
That the marriage be contracted under
the age limit.
That previous marriage be proved.
That one of the contracting partie!
| should have been "unchristened''-tha
is. not baptized member of any Chris
| tan creed.
Marriage Was Not a Joke
Helen Maloney cannot advance any on
of these defenses. That the marriag
was not contracted as ''joke,'' as ha!
been said has been proved to the salts
! faction of the church by the fact tina
both Helen Maloney and Arthur Osborne
being Catholics, sought Catholic prizes
| to perform their ceremony.
| Had this unfortunate venture been thu
| mere whimsical fancy of jesting hour
Osborne and his wife would not have
applied to Father Cornelius Fitzsimmons
now at Portchester, n. Y, but at tina
Orborne and Helen MaIoney were at thai
time in a perfectly responsible condition
and according to the testimony of the
priests at Mamaroneck were apparently
honest In their desire or appeared sin
cere in their desire to be married accord.
ing to the ritual of the Church Of Rome.
Although 1t is sometimes justifiable fol
a priest of the church to perform mar.
riage without the customary three weeks
notification. as in cases Of army and navy
officers suddenly called away to their
duties, the law reads that a marriage
shall be announced three Sundays before
the ceremony is performed.
Not infrequently this time duration IL
cut but not in such cases as that OF
Osborne and Helen Maloney, where ar
elopement against the knowledge and
wishes of the parents of Miss Maloney
were very evident. 1t has not been gen
orally known that Osborne applied
twice to Catholic priests on the day or
which he was married by a justice of the
peace. This is the fact, and it forms prob.
ably the one obstacle against the annul.
ment of the marriage.
Archbishop Not Interested.
Archbishop Farley is not, as report has
had 1t. interested in this controversy
Nor is the case in the hands Of Archbish
op Ryan, When Martin Maloney be-
came acquainted with all the facts in The
life of his young daughter, the deares
dream of his mind was shattered. In al
the years of his life. during the time Of
his hard struggle for financial supremacy
and In the after time when fortune came
his way. he saw In the future promise o.
the ful1llment of the deepest wish of hi:
intensely religious nature. His whole life
was centered in the welfare of his church
and in the future OF his three daughters
The tragedy at sea, which caused tn'
loss of his firstborn. Catherine, ten years
ago, cast the first real shadow on the life
Of one Of Pennsylvania's richest men.