Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-04-01
jABB[E IN SENATETHAD NO RIGHT TO WE'D
locrats Want Hand in Justice Wright Makes Ruling
Framnu Tariff Bill. in the Brown Case.
I'M 1T Is THEIR RIGHT ENDS COURT Proceeding
Discussion Over Sena Directs Jury to Render verdict Up
tor Bacons Resolution. holding Estate
RICH DEFENDS HIS PARTY FIRST MARRIAGE WAS VALID
He Virginia
pron.ru p.sa,,.;h,. for +b. of No
Enacted OF eouinoia'
ENDS COURT PROCEEDING
Directs Jury to Render Verdict Up
holding Estate.
FIRST MARRIAGE WAS VALID
Decree of Divorce by Virginia Court
of No Effect in District
of Columbia.

Justice Wright, in the Probate Court.
Immediately after the midday recess this
afternoon. instructed the jury to render a
verdict in favor of tie heirs-at-law In
connection with their effort to prove that
John IL. Brown was married while not in
condition of mind to realize the situa-
ton
The decision throws the woman in
the case" out of court. The justices ad-
dress to the jury was brief He merely
stated that the attempt at marriage OF
one person who is a wife at the time is
absolutely void. and that if both Brown
be married. that marriage would he void
in the District of Columbia
Biggest Surprise in the Case.
The biggest surprise i'm the case oc-
CURED today just before recess. Justice
Wright deciding that Rachel Anne Brown
was already married when she obtained
license in 1907 to wed Brown.
The decision followed a long argument
for the heirs. The matter of divorce
from the woman's first husband. r. r. b.
Goodman, was presented yesterday. and
Immediately Benjamin III. Schwartz, who
conducted the case for the heirs jumped
to his feet. From that moment until the
announcement of the courts decision a
legal battle was i'm progress that attracted
to the courtroom many interested spec
tators
The decision was based on the fact that
near the close of this mornings testi-
mony Goodman was called back to the
stand unexpectedly. He undertook TO
contradict the woman's testimony. She
had said he deserted her. He claimed she
deserted him. and declared to- the court
in dramatic sentence, that she left his
ben and board without provocation and
never returned.
Justice Wright's decision was that the
woman had deserted the matrimonial
domicile. which was in Maryland and
that the divorce proceedings i'm Virginia
were without effect. According to Justice
Wright. outside of Virginia she is a mar
ried woman, and consequently had no
legal right to enter into marriage i'm the
District Of Columbia.
Tells Story of Marriage.
Rachel Anne Goodman Brown this morn
ing told the story of a childish, impetuous
marriage. a union which lasted only a few
short days. The story ended with re-
cftal of the alleged desertion of the school
girl wife by the young Virginian who had
courted and won her. The story affected
Mrs. Brown, who was telling it. so that
at times her voice shook and tears sprang
to her eyes and she was forced TO stop
occasionally.
Standing stolidly a few feet away was
the man who yesterday declared that the
woman is not Rachel Anne Brown but
Rachel Anne Goodman, and that he is
the man who married her in 1873. She
gave him not look. and evidently failed
to recognize him TO-DAY with much
oblivion of memory as she showed yes
terday when the pair faced one another
for the first time i'm thirty-six years. The
woman'S story is that she was married to
the young man. her first cousin. and that
for perhaps ten days there was happiness.
Then the clouds upon the horizon bIotted
out the sun, and. according to her state
ments. he left her. and never was heard
from until the attorneys in the case On
hearing located him in Philadelphia.
Ealled to support Her.
She claimed that he failed to support
her; that he withheld the wedding gift
he made her. beautiful set of furniture,
and sent it TO another woman. She
said that the man to whom she gave her
heart was last seen by her waving a fond
goodbye from the decks Of the steam
ship Alaska, on which he had shipped
for three-year cruise. Filled with the
spirit of adventure, the young Virginian
had according to the woman, donned
the blue of Uncle Sans navy, and before
swinging his hammock in the forecastle
had promised to send her a postal card
or a letter from every port at which he
touched
But she claimed, her boy in blue did
not go to sea, but chased away across
country, and all efforts to find him We're
unavailing. She said however, that she
wrote to him nearly every week, and that
the letters We're returned to her after
having been forwarded by the postal
authorities through many states and
many cities
Tells of Divorce Proceedings.
Mrs. Brown took the stand early and
started TO tell Of the divorce proceeding
instituted by her father after her young
husband r. r. B. Goodman, had left her.
She related how the legal requirements
had been complied with. far as she
knew. She said that notices had been
posted in accordance with the Virginia
law, and that papers had been sent to
the absent husband Sine said that he
had acknowledged receipt of the papers.
The letter which he sent in reply was
kept by the womans father for more
than twenty years. The witness said she
mailed the notices to her husband with
her own hand.
Did you ever see any letters that
Goodman sent your father in regard to
the divorce case?" Attorney Jeffords
asked.
The witness was not allowed to an
Swer.
did you know where Goodman. your
husband was during the divorce pro-
ceedings?'
Yes: he said he had been ordered to
sea for a three-year cruise
Objection was interposed.
Charge as to Goodman.
\ few more questions were asked and
answered and then Attorney Jeffords told
the court he expected 10 show that Good
man had wife and child living when he