Perth Amboy evening news., 1913-04-11
COURT AKNULS
HER MARRIAGE
Helen Nielsen Iorgsnsen
Will be Free Again With
in Six Months.
GIRL EL0PED IN 1907
= IS Years Old at Tims--
case Has Been Pending
Nearly Six Years
GIRL LELOPED IN 1907

= - ny nearly six years of litigation
dulins which time he experienced
numerous and various obstacles
which through -indefatiguable effort
he oVercame, Lawyer Peter A. Peter
son this morning received word from
me court of chancery that. a writ had
been granted annuling the marriage
Of Helen Inger Nielsen, daughter OF
Fritz Nielsen, of 332 Kitkland place,
this city, to Myor Jorgensen. This is
an 1nterlocutory decree, but when it
is made final in six months Miss
Nielsen W. be as free as If she had
never entered Ehe bonds of matri-
mony.
Lawyer Peterson based his claims
for the annulment on an act of the
legislature which went into effect in
1897, which makes it a crime for a
man to entice girl away to marry
her when she is under sixteen years
OF age. The lawyer saw that this
was the only course left to him, since
1.-The law fcrbidding marriage when
ssesTe Girl is under sixteen without the
consent os her narents, which is now
in effect, was not in effect when Miss
Nielsen was married. Vice Chancel-
lor Emery, of Trenton, before whom
the case was argued, at first stated
he thought the defendant would first
have to be indicted by the grand jury
and convicted of the crime before the
marriage could be annuled on those
grounds.
Mr. Peterson, however, presented
the argument before the court that
under those conditions a thief would
have the right to keep stolen proper
ty until found guilty, and pointed
out that though the defendant en-
ticed the girl away that conviction
for crime may not be obtainable ex-
cept with serious difficulty in the
courts. After testimony had been
taken by Special Master in Chancery
Judge Adrian Lyon, Mr.. Peterson s
arguments prevailed and the inter
locutory decree of annulment follow
ed.
On the fourth of May, 1907, 1t
seems, Miss Nielsen eloped with Mr..
Jorgensen to Elizabeth, where they
were married without the knowledge
Of her parents. She was then only
fifteen years of age and after they
had lived together for only a short
while her parents took her away
from her husband and engaged Mr..
Peterson to gain a writ of annul-
ment for the marriage. The lawyer
Immediately filed bill In the court
of chancery for the annulment,
which was confronted with a demurr-
er filed by Beekman and Spencer for
the defendant in which they set forth
that the bill did not include any legal
complaint for an annulment. The
demurrer was argued before Vice
Chancellor Emery at Trenton. The
vice chancellor stated that the COM
plant in Mr.. Peterson's bill basing
the grounds for annulment on the act
Of the legislature OF 1897 had never
been before presented to him. After
extended hearings and reservation Of
his decision for several months. the
vice chancellor granted decree
overruling the demurrer in May,
1908.
Until last spring the suit laid DOR
mant, during which time Miss Mel
sen had been living with her parents
here. Last spring Mr.. Peterson was
instructed to pursue the case, and he
at once filed new copy of the COM
plant on the lawyers for the defense.
No answer was filed and Mr.. Peter
son moved that the proceedings be
ex parte before special master in
chancery. Judge Lyon was appoint
ed to hear the proceedings. which
was done, though at none of which
the defendant appeared. Mr.. Peter
sons argumental evidence convinced
the court of chancery, with the. issu-
ance of the writ which was received
by Mr.. Peterson today, as the result.