The Idler, Volume III., Issue XIII., February 1893: An Illustrated Monthly. Edited By Jerome K. Jerome & Robert BarrVarious
General
The Idler, Volume III., Issue XIII., February 1893: An Illustrated Monthly. Edited By Jerome K. Jerome & Robert Barr
Various
London (England) -- Periodicals
"The next day Josiah brought a suit for divorce against Melinda. It was
a friendly suit, you understand, and his only object was to test the
question of the validity of his marriage, for, of course, no man can get
a divorce unless he first proves that he is married. Old man Smith
conducted the case on his side, and a lawyer named Starkweather, who is
now a member of the Illinois Legislature, appeared for Josiah Wilson.
Colonel Smith argued that while the parson who conducted the alleged
marriage ceremony could undoubtedly have married a couple in the State
of Indiana, he could not marry a woman in Indiana to a man in Illinois,
for the reason that the man and the woman could not be in the same place
while they were in two different commonwealths, and that hence Josiah
and Melinda had not legally appeared together before the officiating
minister. Furthermore, he argued that the minister at the time of the
pretended marriage was standing neither in Indiana nor in Illinois, but
on the boundary line; that the statute defined the boundary line as 'an
imaginary line' running from such and such a point to such and such a
point, and that a minister who stands in a purely imaginative locality
stands virtually nowhere, and hence cannot perform any function of
his calling.
"On the other hand, Josiah's lawyer claimed that the minister had
married Melinda Smith in the State of Indiana; that consequently she
must have been married to somebody, and that that somebody was
unquestionably Josiah Wilson. As to the point that the minister stood in
an imaginary locality because, as was alleged, he stood on the boundary
line, the lawyer maintained that it was a physical impossibility that a
minister weighing two hundred and fifty pounds could stand in a purely
imaginative place. Moreover, he was prepared to prove that, while
performing the ceremony, at least one of the minister's feet was in the
State of Indiana, which was sufficient to make him legally present in
that State.
"The arguments lasted three days, and the court before which it was
tried, consisting of three judges, took all the third day to deliver its
verdict. It decided that Melinda Smith was legally married to some
person unknown, though not to Josiah Wilson, and that Josiah Wilson was
also married to some unknown woman, who was not Melinda Smith, whoever
else she might be; that no marriage between the plaintiff and the
defendant had ever taken place, and that no divorce could be granted,
but that if either of them married anyone else, he or she would be
guilty of bigamy.
[Illustration: "SHE WAS A GOOD DEAL CAST DOWN."]
Public-domain text, read in full here on John Shaqi.
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