Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-19
MA[ONEY CASE
AS PRECEDENT
New York Courts Ruling Is
Based on Sequel to New
Jersey Romance.

NEW YORK, Jan. ia decree
which says In effect that George Les
ter Larry and Miss Lillian d. Post,
formerly of Jersey City,. were never
married has been filed by Justice
Lehman of the Supreme Court. The
decree was based on the precedent
established in the case of Miss Helen
Eugene Maloney, daughter of the
Papal Marquis of Philadelphia, who
went through a marriage ceremony
with Arthur II. Osborne on Decem-
Der IS, 1906. The testimony taken IN
the case of Miss Maloney was sealed
and it was kept from the public until
the case of Miss Post and Mr.. Larry
came up for adjudication.
The two cases were so similar that
the decision in one established ample
reasons for the same decision IN the
other. Justice of the Peace William
A. Boyd, of Mamaroneck, ofticiated
at the marriage of Miss Maloney and
Mr.. Osborne. Assumed names were
used.
The papers disclosed that a Miss
Stafford was with Miss Maloney and
Mr.. Osborne when the Mamaroneck
ceremony was performed, and that
Osborne gave his name as Herbert
Osborne" and said his home was in
Pittsburgh.
The testimony showed that Osborne
and Miss Maloney had met at Spring
Lake. Osborne was then a sopho-
more at Princeton. 1t was also dis
closed that Miss Maloney, being a
Roman Catholic, knew that in order
to be married according to her faith
the ceremony must be performed by
priest 1t was shown that an at
tempt was made to have a priest
perform the ceremony, but that he
declined to officiate because Miss
Maloney and Mr.. Osborne belonged
to another parish. These facts, the
referee felt, showed that the young
persons had decided to go through a
form of ceremony which they thought
would hold until they could be mar
ried legally.
1t was said that Miss Maloney was
afraid that her parents would try to
induce her to marry a titled foreigner
whom she disliked. In her testimony
Miss Maloney said:
81 had been to Rome with my
father in 1905, and VIC were enter
tanned by a great many people.
Among them were titled young men,
and we were much in their society. l
had met Mr.. Osborne at Spring Lake
beach in July, and he asked me to
marry him, but ] told him to wait six
months, and 1 would see If 1 cared
as much for him then. He came
to see me at the convent in George
town that December, and again asked
me to marrNfhim. I told him / was
afraid my parents would think | was
too young, for I was only 10. We dis
cussed the titled foreigners, and de-
cided to go through a marriage cere-
mony."
Miss Maloney's mother testified that
her daughter was never alone with
Osborne Osborne was asked by the
referee:
"Have you ever considered Miss
Maloney to be your wife?"
~ am very doubtful on that point
fhe replied. 81 think 1 can say that l
have not"
| In the Post-Lary case, Miss Post
and Mr.. Larry had lived in Jersey
City, and had known each other all
their lives. Miss Post had never been
separated from her mother over
night. She was graduated from high
school in 1903. 1t was understood
that she was to marry Larry when she
was of age, but they quarreled. Then
Larry had typhoid fever, and when
he recovered they came to this city,
and a marriage ceremony was per-
formed by the Rev. Mr.. Hartley, a
Baptist minister. Immediately after
the ceremony Miss Post went home
Both Miss Post and Larry testified
that they never regarded themselves
as man and wife, and thought that
the ceremony they went through was
only a formal engagement. Justice
Lehman found this evidence sufficient
to grant a decree setting the cere-
mony aside.