Year: 1875

WIFE DECLARED WIDOW WHILE HER HUs-


BAND IS LTvING-EFFEcT OF A SENTENCE OF
IMPRISONMENT FOR LIFE ON THE MARRIAGE


RELATION CALIFORNIA ESTATE AWARDED


TO A CLAIMANT UNDER REMARKABLE cIRcUM-
STANCES.


One of the most remarkable that has been be-
fore American court for many years recently de-
cded by Judge Myrick of the San Francisco Probate
Court 1t possesses in partial manner local New York
interest grew out of tragedy that place
this city nearly three years since, and excited the
time profound sensation The parties to it were
James f. King and Anthony =. oNeil the latter being
the victim The main Of the sanguinary difficulty
grew out OF troubles in the King family King trav-
elled in California the Sandwich Islands England and
the Continent, and at time wealthy and
at another in reduced circumstances. lie
born in New Jersey, and at the time OF
the shooting 10 be Immediately referred to thirty five
years old He possessed considerable ability and bust
ness enterprise. Some incidents his life while on tho
Pacific side crcditabe TO him. being OF violent
nature During his travels he met Miss Anna Stott, a
daughter of William stott, Honolulu merchant, to
whom, after short acquaintance, he married.
trary to the protests of the adys father The latter,
since deceased soon after IN order to manifest his en-





he bequeathed to Anna $500 only while she remained
the wife of King; but in she should become
widow she receive the entire estate or, if she
died while her husband living then the property
to go to the testaors brothers and sisters


A FATAL ACQUAINTANCE.


King, while living subsequently with his wifc and
children at Turner's Orange county \. Y, became
quanted with o'Ncil baggage master the railroad
and between the two friendship sprang up.
Meantime difficulties between King and his wife,
ending in the latter leaving her husband and taking with
her their children. In this proceeding she aided
by Mrs oNei but King insisted that the separation
caused by Mr.. 0'Ncil who he charged with having had
improper relations with the absconding woman. King
instituted an action for Grim. con- against ONeil but
the suit discontinued On previous occasion King
sought to obtain possession of his wifcs baggage in
Jersey City, but O'Nel mterfered and prevented him
from accomplishing ms purpose AT length Mrs King
sought in the courts of this State divorce from her
husband and II was out Of this proceeding that oNcl
lost his life at the hands of King.


THE TRAGEDY.


The divorce case was referred to Josiah Suther-
land now City Judge) and November IT. 1872 several
witnesses including O'Nci and his wife, were present
Judge Suthcrand's Office in Pine street While their
examination was in progress King appeared in the
chamber and remained apparently cool and collected TO
the close of The session. and after the other parties left
he quickly followed them down stairs having first po-
tcly bowed to Judge Sutherland The reports of three
pistol shots were heard in moment two after. King
had fired at 0'Nei as he descending to the



date DEATH but before expiring he made attempt to
return the fire. The homicide was committed in broad
daylight and IN presence OF females, among whom was
the wife OF deceased and there was very decided ex
preston of public Indignation against the perpetrator


THE TRIAL AND CONVICTION


The trial took place III March, 1874 in the Court OF
Oyer and Termncr, before Judge Brady. There
attempt made to deny the shooting and tho testimony
established the facts stated The defence was that
the prisoner fully believed that 0Neil had seduced his
wife and had enticed her and their children away from
their home, thus utterly running his (Kngs peace OF
mi nllt IN sit fVCnh H= tha
destroyer OF his domestic happiness reving his charac
ter in addition to the mental suferngs King had prev
ousy undergone suiccd TO produce insanity and while
in this condition he committed deed for which he could
not be held legally responsible The jury took leni-
en view of the homicide and found the accused guilty
of murder in the second degree He sentenced to
Imprisonment for life in Sing Sing Prison, where he
still remains.


THE INHERITANCE.


remarkable part of the case comes up to pub
lie view Mrs King, though not divorced, and while
her husband is living claimed n widow under the
terms of her fathers WILL and entitled to tho estate he
bequeathed TO her. and which is in San Francisco She
accordingly presented her demand to the courts in Cal
ifornia She based her petition on statute of Now
York. which contains provision that "a person
fenced to State prison for life shall thereafter be
clvily dcad and by the law of this State il is
bgamy io wife to marry again after her husband has
been sentenced to State Prison for life does par
| don restore him TO his marital rights.
DECISION.


The has been before the San Francisco courts
| for several months, and Judge MyrIck very re-
Gently rendered decision in favor of Mrs. King Two
questions he said, presented.


FTrst-What is the present status Of Mrs. King and
King in New York?


.Secoad-Do they respectively occupy the same status
herel


Judge Myrck proceeded to say-Evidently she is not
his wife; buc is she widow! Has the contingency
rived which the testator intended? Nearly all the dis
tngnshed English photographers define widow 10 be
woman whose husband is dead. The words from
which this word derived Viduo, bcreft de-
prved Of; ridd, woman bcreft of her husband he is
dead to her; he is dead TO the State; he has no civil
rights he can make contract; he cannot sue or bc
sued he cannot inherit property; If he has children he
has lost his guardianship over them and they no
duty to him. Under such circumstances it would be
doing violence TO the testaors intention say that


sIy IN EVERY SENSE WIDOW.


She being, then, widow in New York, the place of
domice is she to be regarded in California as n widow?
Story his work 1hc Conflict of Laws " says that
the personal capacity ncapaclty attached to party
by the law of the place of his domcie is deemed to
in every other country in relation transactions
foreign lands qualification TO the rule is that the
ncapaclty should not be inconsistent with the policy of
the country where it is invoked far from tho prin
cplc that King is civy dead is contrary TO the policy
of the law in California there is similar statute the
State applying TO similar sentences "ln my opinon,n
said the Judge in conclusion, Mrs King entitled
der the will have distribution her of the estate
Mrs King will receive about $40 000 and it is thought
probable that she will this money secure if posi-
be, trial for her husband. King IL is said, firmly
believes that If he granted trial he would be
liberated.


THE NOE CASE