The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1909-05-10
(Continued.l


(ContinuedA
The Sheriff. having paused for the
completion of this little domestic cere-
mony, went on calmly:
'Since I left a few minutes ago L
have busted myself with making few
necessary inquiries from my old ser
want Jane Mclean, now Mcpherson
made them, assure you Colonel Ogilvie.
very discreetIy. Even Jane, who is in
her way a clever woman, has no sus-
picion that / was even making inquiry.
The result has been to confirm me in
my original conjecture, which was to
the effect that there has been executed
between these two people an irregular
marriageT' At the mention of the
words the Colonel exploded:
Goods death, sir, the women of the
Ogilvies don't make irregular mar
riages?' The Sheriff went calmly on,
only noticing the protest for the sake
Of answering it.
close together. holding hands. Insensi-
bly, the girl drew her Aunt over to
where Athlyne was standing and took
him by the arm. He raised his other
hand and with it covered the hand
that lay on his arm, pressing it closer
as he listened attentively to the Sher-
IFS expounding of the law:
IT gather that did not express my
self clearly when a short time ago
spoke of the Scottish marriage laws.
am trying to put into words under
standable by all a somewhat complex
subject I shall ask that no one present
will make any remark whatever till
this part of my task has been com
pleted. shall then answer to the
best of my power any question or ques-
tions which any of you may choose to
ask me.
that what in Scottish law we call an
irregular marriage is equally binding
in every way with a regular mar
riage; the word only refers to form
or method, and in no wise to the ante
cedents or to the result. In our law
Mutual Consent constitutes marriage.
You will observe that 7 speak. of mar
riage-not the proof of 1T. Proof Is
quite a different matter; and as it is
formally to be certified by a Court 1T
is naturally hedged in by formalitie<
This consent, whether proved or not
whether before witnesses or not, should
of course be followed by Capitalization;
but even this is not necessary. The
dictum of Scots law is 'Concensus non
concubitus facit matrimonium.' But I
have ehrewd suspicion that the mind
of the Court is helped to a declaration
of validity when concensuS has been
followed by concubitus.
Nov let us tale the present case
and examine it as though testing it in
a Couct Of Law: for such is the true
means to be exact. This man and
and lady in the Law-declared in the
presence of witnesses that thew were
man and wife. That is the man de-
clared to the police sergeant at Dairy
woman declared timeously to the police
officer who made the arrest that the
man was her husband. These two
statements, properly set out, would In
themselves be evidence not only of in
ferred consent by declaration de prae-
senti but of the same thing by habit
and repute' The law has been thus
stated:
"Tt may be held that a man and a
woman. by living together and holding
themselves out as married persons,
have sufficiently declared their matrt-
monial consent; and in case thew VIII
be declared to be married although no
specific promise of marriage or of de
prasc.ti Acknowledgement has been
proved
But there is a still more cogent and
direct proof, should such be required.
Each OF these consenting parties to the
coming separately to this hotel last
night gave to the servant of the house
who admitted them the name by which
I hold they are now bound In honour
able wedlockI" He spoke the last SEN
fences gravely and fmpressively after
the n,annerro of an advocate pressing
home on a jury the conclusion of an
elaborate train of reasoning. Whilst
speaking he had kept his eyes hxed on
Colonel Ogilvie,who unconsciously took
it that an exhortation on patience and
liberation was being addressed to him.
The effect was increased by the action
of Joy. who seeing him all alone antt
inferring his spiritual loneliness, left
Judith but still holding Athlyne's arm
drew the latter towards him. Then
she took her fathers arm and stood
between the two men whom she loved
Judy quietly took Athlyne's other arm.
and SO all stood in line holding each
other as they faced the Sheriff. No
one said a word; all were AFRAID 10
break the silence.
1--WE now come to further PROOFS If
such be required. The woman, who
arrived first. gave the name of Lady
Athlyne." Here Joy got fearfully red
she was conscious of her fathers eyes
on her, even before she heard him say:
THAT foolish joke again! Did not ]
forbid you to use it daughter" She
felt it would be unwise to answer, to
speak at all just at present. In des-
peration she raised her eyes to the
face Of her lover-and was struck with
a sort of Mortified amazement. For an
instant it had occurred to him that
Joy must have known his Identity
for some time past at all events. The
thought was, however but momentary.
Her eyes fell again quickly, and she
stood IN abashed silence. There was
nothing to do now but to wait. The
calm voice of the Sheriff went on, like
the voice of Doom:
had wired in his own name for rooms
but by the time he had arrived the
possibility of his coming had, owing
to the fog, been given up The other
traveller had been given the bedroom
and he slept on the sofa in the sitting
room" AS he spoke he went over to
the door of communication between the
rooms and examined the door. There