Year: 1875

THE CASE coNcLUDED-wHAr COUNSEL ARGUED


AND JUDGE TApPEN cHARGED-THE VERDICT


TO BE OPENED TO-DAY.


The suit instituted by Mrs Jane Shields, who claims
to be the widow OF the late Henry Shields, who left
property worth $500 o00 concluded yesterday In
the Supreme Court, Circuit before Justice Tappen.
Mrs Catherine Shields, the lady to whom the deceased
-four merchant was married at St Peters church, in
Barclay street. New York, in February, 1s4S, entered
the court ROOM accompanied by her eight children just
before ten O'Clock and took her seat with her family,
near her counsel Mr. Homer @. Nelson and Mr..
Brewerton. The plaintiff, who married according
to the Quaker rite in the city the 9th of April
In the year 1884 1s35-Jane Shields is certain
which year-was accompanied by her daughter, Mrs.
Kate Bonner, nee Shields and her william. The
court was crowded in every part


Henry Shopp was called in rebuttal by the defence
and testified that he knew Henry Shields In 1885, and
member of Engine Company No. at the same
time deceased connected with that organization;
was never at any entertainment with him in his life,
though regular attendant at the engine house;
intimate with the deceased till 1887 hrst heard of his
marriage in lS4S but would not swear that he did not
marry before then.


This the last of forty-odd witnesses who have
been examined in this most remarkable case, and Mr..
Nelson then summed up for the defence Ho claimed
that the plaintiff had never definitely fixed the date of
her marriage No witnesses had been brought
forward by her who present at the
alleged marriage at her Uncle Toys, in Elizabeth
street II Henry Shields went 10 her at any time
II was after dark and no left before light If they lived
together and kept house where the landlords from
whom this man and woman rented the premises where
they resided In 1885, when the hrst child Of the
plaintiff s said to have been born there ncen-
tive 10 conceal the marriage Deceased, who Caho
lie, regarded marriage as a sacrament In lS48 she
says he left her, and she never saw him again. which
assertion was not probable, woman would allow
her lawful husband to absent himself for long
period OF time without molestation. Where is the
tifcae which plaintiff said she had heard read half
dozen umesS Where are the readers Of that certia-
cateY She had said she was married in 1884 which
made her thirteen years and six months old at that
time In the application for pension, the death OF
her Henry, she swore her husband, Henry Shields
died in 1858 Kate went to her father except for
money, said the counsel, pointing to Mrs. Bonner,
whoreupon the plaintiff, Mrs. Jane Shields, sharply re-
torted, ''She had right to do So -


Counsel then alluded severely to the relationship
winch had existed between the plaintiff and John
Brown by whom she had two children. Unimpcach-
able witnesses had stamped the alleged Quaker
riage fraud


Ex.Judge Daily made telling appeal in behalf Of his
client, the plaintiff in which he contended that the
marriage had been fully established and that II the
abandoned wife had snned in her intimacy with
Brown that did not enter into tho issue involved He
cited the instance of the forgiveness of Mary Magdaen
and said that the stone which has been thrown
by the counsel had gone on Its fight through
the vaulted atmosphere till, poisng over Cal
vary Cemetery, II descended upon the green
grave of Henry Shields and went crashing down through
the coffin I'D till IL rested upon his breast
He decried the effort Of the wealthy defendants TO
prive the poor woman Of tho pension which she had,
after four years struggle obtained irom the govern
ment for the blood of her son Henry, whose life had
been sacrificed upon the altar ofhis country defence
of his native land and whose bones lay in the old
battle grounds OF the South He asked for verdict
and applause followed the closing OF his two hours
address.


Judge Tappen then charged the jury at considerable
length upon their duty. Ao placed before them the
law of this State touching the marriage contract II
civil contract and may be entered into by any party
by merely intimating their intention live as man
and wife, and solemnization by ceremony is not
necessary. The fact OF marriage may be proved
by direct and circumstantial evidence. The valid age
Of the male contracting marriage is seventeen and
that of the female fourteen years Contract followed
By cohabitaton, is evidence; Illicit cohabitatlon is
not however, evidence of marriage. II for the
jury to state whether there agreement by
tho parties to live together husband and wife
The Judge then reviewed tho periods included in tho
two marriages. the one of contract and the other OF
ceremonial, and said II had been proved very clearly
that Henry Shields knew Jane Valentine He con-
cluded by dwelling upon the Importance of their
verdict In this remarkable case, and charged upon
several minor points at request of counsel either
side


Shortly before five o'clock the jury retired with in.
structons to bring in sealed verdict should they
agree and the Court would be In attendance at ten
o'clock this morning