Year: 1873

Philadelphia Judge Ludlow rendered


the following important decision in the


case of the City vs. Williamson, for de-


sertion. This case presents u number


of questions, all of them interesting,


and III view of the facts proved some


what novel. The real plaintiff here is a


woman who alleges that she married de-


fendant, lived with him as her husband


for sixteen years and was mother by
! him OF seven children, all of whom are


now dead except two, and one of the


survivors appeared with his mother in
court. The defendant does not deny


that he went through the ceremony of
marriage with this woman, and that the
ceremony was performed by Catholic
priest in n private room at Antrim, in


Ireland, at or near the place of the then
residence of the parties. The cohabi-
tation and birth of children during the
period of sixteen years is admitted; but
the defendant declares he is and always
has been Protestant, and interposesas as
fiat bar to this motion an English
statute, passed in the nineteenth year
of the reign of George H., which de-
clares (chapter 13, section y, "That
every marriage that shall be celebrated
after the 1st day of May, 1746, between
Papist and any person who hath been,
or hath professed him or herself to be q
Protestant at any time within twelve
months before such celebration of mar
riage, or between two Protestants, if
celebrated by Popish priest, shall be
and is hereby declared absolutely null
and void to all intents and purposes,
without any process, judgment or SEN
tence of law whatsoever" AS conse
quence it has been argued that the chill
dren of these parties are bastards, and
their mother nothing more than n con-
cubine.


Story, in his Conflict Of Laws (p. s.,
81, 81 and 92) in substance maintained
that whenever the laws of foreign
country are in violation of the laws of
God, sound principles of morals or
settled principles of public policy, they
will not be recognized. We shall not
be told that a husband and father may
come into this jurisdiction, make it his
domicile, and then, when followed by
his wife and children, shall deliberately
turn them all out upon the cold charity
of the world, proclaiming that every
right has been destroyed by virtue OF an
antiquated statute. ID tletH


The evidence here seems to be, at
best, in doubtful condition upon one
point, but the weight of it seems to es-
tablish the fact that this defendant con-
sidered himself good enough Catholic
to contract this marriage; to live unmo-
Tested by any legal alauthority; to become
the father of seven children by this
wife; nor did the defendant discover
how thorough Protestant he was until
it became convenient to abandon his
wife, establish denial here and con-
tract another marriage with woman in
this country.


It gives mo great judicial satisfaction
to be enabled, upon the facts before me,
to render a decision in favor of this
wife, to make this faithless husband
and father, who did not hesitate to
brand his own offspring ina an open court
of justice as bastard, to understand
that justice is administered here and
that his conduct does not fail, in the
most unequivocal manner, to meet with
the sternest and most uncompromising
judicial condemnation. The Court or
ders the defendant to give security for
the maintenance of his wife.