El Paso herald. (El Paso, Tex.) 1901-1931, 1918-03-16
MARRIAGE BY
CONTRACT VOID
Judge Refuses to Sanction
the Effort to Stop a
Prosecution.

- = ~ - - - a@N@ea
is marriage contracted by a writ
ten agreement and not solemnized by
either a magistrate or a minister OF
the gospel, but signed by one party
in one cell OF a county JAN and by the
other party in another cell. legal
and binding marriage, when the
wife" in the case Is under the age
Of manageable consent
/ This question was answered in the
negative by judge W. D. Howe. 5sth
district court. Saturday morning
when he denied the application for a
writ Of habeas corpus filed by Man
I uela CastenaGo.
Manuela, who IS Just a month over
IA years OF age, sat in court COM
I placently chewing gum while her aged
I widowed mother wept as she told the
story Of her inability TO keep her
daughter al home. The girl was
found i'm a house Of questionable re-
{ pute and operated by Pearl Rogers
and brought to Jail by sheriff seth
B. Orndorff.
Rodriguez In jail.
IEnaClo Rodriguez. % years old and
well educated in both English and
Spanish. was arrested IN connection
county jail under Indictment alleging
the criminal assault Of Manuela
Counsel for IgnaciO and Manuela
appeared in judge HoWe's court Satur-
day morning with the application for
habeas corpus and offered evidence to
show that the child and the youth
had been married and that, there
fore, Mauueld. now a married woman.
could not be detained as a delinquent
child Judge Howe was ready 10 dis
miss THn Enn|HnnHnnm and adj
dressed counsel as follows;
II the girl HAD been declared le-
gally married she could not have been
used as q witness against her hus-
band.
Holds @lIarriagev Void.
Il hold this marriage. or attempted
marriage, null and void, and viii or
der that she be remanded to the GUS
tody Of the sheriff and 8lrs. Webster,
probation officer. Testimony adj
duced in this court shows this man.
Ignacip Rodriguez who claims 70 be
her husband. took the child out Of
the Rescue Home and TO house at
chihuahua City. where he rented her
out TO other men until she became
sick. when he deserted her. Under
no circumstances shall he be allowed
10 see the girl You may take any
appeal you want"
Counsel. consisting Of W ".
Bridgers, A. J. Robertson and T. J..
Miranda suggested to the court that
they desired 20 present evidence that
the marriage was legal and the court
agreed 20 hear same.
Mother Tells Her Part.
Josefa Castenada. widowed mother
Of Mauuela, took the stand and told
Of the part she played in the alleged
marriage. Manlela was IA years old
February 4 last she said.
Some time ago, she didn't know the
exact day, lawyers came TO her house
and spoke about a marriage. One OF
them went With her to talk 20 the
priest about d.. she said The priest
advised the marriage, "bur I think
It's not right They were hothering
sent. wanted them married by the.
priest 1 don't think they VIII live to-
gether"
Mr.. Miranda promised her they
would live together, she testified. Il
am a woman and couldn't do any
thing else.
Lawyer Relates His story.
Judge A. J. Robertson, sworn as
witness, said he was retained in the
case several weeks ago. He saw
RODRIGUEZ. and spoke 70 him about
the marriage and told him &c would
have 20 be in good faith and the two
would have 10 live together as man
and wife To this Rodriguez agreed. !
Likewise, Aanuela consented. witness
said
SIS aaan=aA ~ NAAHH a. Na man
that he marry them he testified. /
but, after consultation, he would 90
no further. I had anticipated such /
an emergency and had a typeWritten
agreement ready. and went 20 Rodri- I
suez and he read and signed the
agreement OF marriage Then we saw /
Nauuela at her cell. She reads English. 4
asked her il she consented to a mar /
rage. and she said that's lust what I
want She signed the agreement. I
ar Miranda and I we're witnesses"
Cross examined by assistant dis
srtson said he had learned Mr.. Elfers
had opposed the marriage
T don't think the permission OF Mr.. I
1lfers was at all necessary for me
% see Maauela,' witness added, and /
so far as I'm concerned. I have done
nothing in this case I was not privi-
eyed to do and which u was not my
iuty TO do"
Other Witnesses Heard.
M Miranda took the stand and cor
oborated judge RobertsOn's testi-
nony- Judge Han also testified 10
What transpired in his office. Dep
lpty county clerk Chris Amanda said
Yrs. Castenado had given her consent
% the marriage when the license was
ssued.
Ignacio Rodriguez took the stand
md said he signed the marriage con-
ract OF his own free VIII. knowing
what 81 was. while Mauuela testified
likewise, saying Il love him and that's
Why ! wanted 70 marry him" She
dded, on cross examination. that she
Id not understand that this paper
Cnsummated a marriage.
counsel then asked the court 10
How evidence that the two were now
eady to marry. but the court said the
mother had Withdrawn her consent.
= the same time. an order to annul
he license was entered.
Judge Howe himself then took the
tand and said evidence had been adj
uced in his court 10 the same effect
s the courts remarks I'm this case.
n refusing the application. the court
aid; IT don't think it is safe 20 turn
er over 70 her mother. sister or this
1an- and Manuela was accordingly!
emanded 10 The custody OF the
heriff
WAN C0WpT TErNTc