Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-08-27
COMMON-LAW BARGAIN
BINDING IN DISTRICT
Marriage Compact NuIlifies
Subsequent Ceremony-Non-
Support Case Dismissed.

Recognizing as a common-law marriage
an agreement made in the presence OF
cotton plantation overseer in South Caro-
lima more than a score of years ago to
live as the wife of a man, at present
resident Of Georgia. and ruling that this
agreement nulliied a marriage ceremony
performed by a clergyman several years
later, Judge Mullowny in the Police
Court yesterday dismissed non-support
action filed by Mary Jane Steele, colored,
against a man whom she has acknowl-
edged as her husband for the past seven
years. The defendant gave the name OF
william Steele and described himself as
an employee Of q lumber concern in the
southeast section of the city. Both the
defendant and complainant came TO this
locality from the Carolinas about three
years ago. :
According to the woman's story, the de-
PENDANT has not provided for her support
the last two years, and recently she pro-
cured a warrant for his arrest. charging
that as his legal wife she was entitled to
a monetary allowance from him. In sup
mort OF her statement she exhibited a
marriage license. showing the pair had
been married i'm 1908 at Charlotte. y. G.,
by Rev. Mr.. Austin, an Episcopal cler-
gyman Of that place.
Admits Previous Marriage.
Under cross-examination the woman
admitted having been married before.
where was this ceremony perform
ed?" asked Judge Mullowny.
ION a cotton plantation in York
county, South Carolina, where the man
and myself were raised" Was the an
swer.
who married your the court asked
"A man on the place"
"A clergyman?
mo, indeed; he was the overseer
We just went to him and said We want
ed to be married and the overseer says
all right The mans name was Charley
Ayers. He's in Georgia now, and living
with a woman there"
How long did you live with him as
his wife," asked Judge Muilowny.
"A little over four years. Then he de-
serted me, and I waited for seven years
before I became a free woman IL YOU
wait seven years, they say down nome.
YOU can marry again, because you're
free" the complainant stated.
Meets Steele in Charlotte.
Further questioning Drought Out the
fact that after separating little over
four years after they agreed to live TO-
Rether, in 1850. Ayers went one way and
the woman the other. She finally located
in Charlotte. y. c., where she procured
a place as domestic, and later met Steele.
In 1903. according to the woman,s story
and the marriage certificate, she and
steele were legally married, coming to
this part of the country between three
and four years later.
Are you sure Ayers is nving?' asked
the court. Et
oh yes, sir. He's living. | used to
hear from him from time to time" was
the reply.
The court confessed that because of his
unfamiliarity. with the laws OF the two
Carolinas on the subject he was puzzled
how to solve the question.
Decides Against Complainant. !
THE common-law marriage is pretty
we'll defined. and I'll have to decide &c.
cordingly. The charge ID dismissed. Al
| first / thought II might come under tho
law Of 1858. relative 10 slavery marriages
and slave children. but it's out of that
province he said. in rendering his deci.
sion.
Mary Steele, the complainant. is about
| fifty years old, and the defendant pos.
sibly a few years younger. Neither knew
their correct ages.