The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-30
SEEKS TO ANNUL
A MOCK MARRIAGE
Mrs. Dorgeloh Asks Court to
End Thrice Complicated
Tangle.
CHILD'S STATUS AT STAKE

Tcstifying before Supreme Court Jus
tice Asphalt in Brooklyn yesterday
Mrs. Estellc Dorgeloh OF Brookline'
Mass, wife of Henry F. Dorgeloh. gen.
eral manager OF the Hamburg-American
Line. told how she happened 10 con-
tract a mock marriage with Alphonsus
Murtagh eighteen years ago which re-
Gently raised a question as to the iegiti-
macy Of her seventeen-year-old daush-
ter. Beatrice Arabella Barker. and In
yalidates her present marriage. She Is
suing to have this. the first OF three
marriages.. annulled.
Neither Mr.. Murtagh nor I ntended
10 become husband and wife when We
went to tho house OF n minister on
NAV /. 1897, and went through the
marriage ceremony" Mrs. Dorgeloh
said. "The marriage was brought about
through my desire to go on the stage
/ was IL years old at the time. NV
father was dead, my mother In Europe
and my two married sisters IN new
England. | lived in a boarding house
on Liv ingston street. Brooklyn. ana
worked as a stcnographer in Manhattan.
zone night, through friends. l
met Philip Reilly and his wife, theat-
rlcal people. who lived in Degraw street.
Reilly told me my dreams OF becoming
an actress might easily be realized IL
| would 20 to live with him and his
wife and learn n little sister act. 1
went TO their home to live. Later l
went alone to the office OF a big the.
atrical manager in Manhattan and told
him wanted to go or the stage.
The manager looked at my short
s,irts and laughed. You are too
Young he said. When l told Reilly
of the incident he laughed too and salu'
If the manager had seen a wedding
ring on your finger o would nave
got by all light. You had better let
me get you "A fake marriage certincate'
you can show IL to the next manage
YOU see and he will take you"
Thu fact that Mrs. Dorgeloh had con-
tracted a mock marriage came out
in the proceedings TO legitimatize her
daughter, but she did not explain then
how the marriage came about. she
merely testified that she had married
Charles S. Barker a year after contract
ing It and that her daughter II held 70
be legitimate would inherit SlOO.oOV
from her paternal grandfather. Charles
Barker. 1t was held that Barker con-
tracted the marriage In good faith and
II alive could legitimatize the girl. His
desire 10 do so was presumed and the
girl was declared legitimate. The matter
is pending on appeal.
Mrs. Dorgeloh married her presen'
husband In 1906. five years after the
death Of Barker. His death did not re
move the impediment, however. as Muir
tagh. the first husband, is still alive
His remarriage further complexities th'
marital tangle. He is living In Somer
VILE, y. j., with his second wife an
toins Mrs. Dorgeloh in her petition Il
have their marriage annulled.
"As the matter stands now Mrs
Dorgeloh testified yesterday. II an
merely Mr.. Dorgeloh's moral wife. ina
Is a terrible position TO be In. II ;
decree is granted In this case an awfu
mistake will be corrected both for MI
Murtagh and myself"
In reserving decision Justice Aspinal
said
81 will feel a keen sense OF respons!
bllity In deciding this case. ] am doubt
full whether n man II a woman ma.
go through a marriage ceremony havinl
a mental reservation as to Its validit,
and then seek TO annul II years after
ward on hat ground"