Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1927-08-05
ORDER OF PUBLICATION
Joseph S. Van Fleet, Plaintiff.
VS..
Violet B. Tichenor. Defendant.
In the Circuit Court for Montgomery county.
as Court of Equity. No. 4873 Equity.

In the Circuit Court for Montgomery county.
as Court Of Equity. No. 4S73 Equity.
The object of this suit is to have the
ceremony of marriage entered into between
the plaintiff and defendant declared null
and void.
The bill in substance states:
That on the 18th day of July, A. D.
1927. the plaintiff and the defendant went
| through form of marriage ceremony in
the Town of Rockville, Montgomery county,
State of Maryland; that said marriage
ceremony was performed while the plain
tiff was under the influence Of intoxicating
liquor and his mental faculties so stupefied
as to be utterly incapable to have a Just
appreciation and realization of what il
meant. That no children have been born
| following said ceremony. nor was there ever
ratification of said pretended marriage.
That on the 18th day of July. 1927, and for
considerable period of time prior thereto,
the plaintiff was in highly nervous and
melancholy condition, his mind stupefied,
the result of physical weakness. mental
fatigue and consequent depression super
induced by worry over the death of his
former wifein September of 1925, whom he
nursed through an illness Of dropsy over
period of years, requiring his constant
attendance at her bedside nearly twenty
four hours Of every day. and that since
her death, the plaintiff has suffered with
almost chronic insomnia.
That the plaintiff was formerly a Cap
tain in the Ordnance Department of the
United States Army, having been dis
charged therefrom on the 30th day of
September, 1920, as result of a medical
examination, which disclosed a seventy
five per cent physical disability, due to a
chronic sacxioliax injury; that since said
discharge, the plaintiff has been patient
at the Reconstruction Hospital of New
York. the Massachusetts General Hospital
OF Massachusetts, suffering with acute
neuritis OF the spine, right shoulder and
head, causing lack of control, vertigo and
extreme nervousness and at the date hereof
and for some time previous thereto your
orator has been under the care of a phy-
stefan due to acute sinus trouble. all of
which diseased conditions we're contribu-
ting causes to his mental depression and
general physical disability on the said
18th day of July, 1927.
That on the 18th day of July. 1927. and
for several days prior thereto, the plaintiff.
in order to alleviate the pain which he had
been suffering with and the mental stress
under which he had labored INDUCED in
the excessive use of intoxicating LIQUORS.
OF what is known as "mOonshine whiskey."
and on the said 18th day of July, 1927, in
the City OF Washington. District of Column
hia, while under the influence of said
"moonshine whiskey" he was introduced
TO the defendant herein and that in the
company of the defendant and several
other persons consumed large additional
quantities of the said "mOonshine whis-
key, at which time il was SUGGESTED to
the plaintiff by the defendant, while the
plaintiff was incapable of comprehendine
the meaning Of consequences of his act.
that she, the said defendant, and the
plaintiff be married; that thereupon as
the plaintiff afterwards learned, he was
taken in an automobile to the home of
certain notorious law breakers known as
"bootlesgers, and there induced to pur-
chase large additional quantities of said
'moonshine whiskey," Of which the plain
till consumed great portion that there
upon in the company of the said bootleg
gers, and the defendant, the plaintiff was
driven to the Town of Rockville, and later
to Galthersburg, Maryland. but it was not
possible to procure marriage license, so
!
and her companions, the plaintiff was
taken to disreputable roadhouse where
he was induced to purchase large addi-
tional quantities of the said "moonshine
whiskey. great portion of which he con-
sumed and remained at said roadhouse in
a state OF intoxication all night; that on
the following day, still in a state of in
t0xlcatl0n and acting on the SUGGESTION
and promptings OF defendant and her as
sOciates, and while his mind was so weak
ened by his debilitated physical condition
and over-indulgence in the said moon
shine whiskey" the said marriage cere-
mony was performed. although at the time
OF said marriage ceremony the plaintiff
did not even know the name of the de-
PENDANT, nor anything of her character or
standing in the community; that your
orator is and was at the time of said cere-
mony sixty-tive years Of age, and he has
since learned, the defendant only thirty
seven, and widow.
That thereafter the said defendant in
company with her dissolute companions
caused the plaintiff to be driven in an
automobile to her home in the State of
virginia. where he was furnished with
more OF the said "moOnshne whiskey" and
became physically i'll to such an extent as
to be incapable of leaving the said home
until the 18th day of July, 1927, when the
plaintiff left the defendant and returned
to his home, where he Immediately sought
the advice of counsel and since said time
the plaintiff has not returned to the de-
PENDANT nor permitted her to return TO him.
nor has he in any other manner spoken or
acted to confirm or ratify the occurrence of
July IL, 1927.
That by reason of the facts herein set
forth, the plaintiff states that at the time
OF the performance of said marriage cere-
mony and for some time prior thereto. he
was so stupefied by the liquor which he
had consumed that he was in condition
at the time of said ceremony where he
was not competent either to know what was
transpirlng. or to have just appreciation
and realization of what il meant, and as
there was not such an understanding of
appreciation OF what the ceremony was.
wnlcn was being gone through with on
the said 18th day of July, 1927, and what
were the legal consequences naturally de-
ducible therefrom. the plaintiff is advised
that ne is entitled to a decree annulline
and setting aside the said pretended mar
rage.
mat the plaintiff is and has been for |
three years last past a resident of the Civ |
OF Baltimore. State of Maryland, but tenn.
porariiy residing in the District of Column |
oia; that the defendant is a resident of
arlington County, State of Virginia, and |
nonresident of the State of Maryland.
The bill then prays that the ceremony of
marriage entered into July IL, 1927, be-
tween plaintiff and defendant be declared
null and void and for general relief
IL Is thereupon this 30th day of July. A.
U. 1871, ordered by the Circuit Court for
Montgomery county. as Court of Equity,
.hat the plaintiff by causing a copy of
this order to be inserted in some newspaper
printed and published in said Monteom-
cry county, once in each of four successive
weeks before the 5th day of September, A.
y. 1877 giving notice to the said Violet B.
Iichenor. who is nonresident of the State
OF Maryland, of the object and substance
OF this bill, warning her to appear in