Hayes v. People

Headnote

Evidence of Marriage.—Bigamy.-—Presumptions.

Under an. indictment for bigamy, strict proof of marriage is necessary. It cannot be established by inference, nor by cohabitation or admissions only.

Marriage is a civil contract, and may be entered into in any manner which clearly evinces the intention of the parties.

Writ of error to New York General Sessions.

John J. Hayes, the plaintiff in error, was convicted of bigamy at the General Sessions of New York, September 18, 1861, for having married one Jane White, while his former wife, Sarah E. Blair, was living.

A ceremonial marriage between Hayes and Sarah E. Blair was proved and admitted. As regards the second marriage, it

appeared that Hayes first became acquainted with Jane, while she was a servant at the Pierrepont Hotel, Brooklyn: she' had never seen him before, but. he came and spoke to her by the door between 9 and 10, p. m., when he asked permission to call upon her ; that was Monday. On Wednesday, he took her out riding. She said, “ I don’t know where he took me—he stopped at several places—but they were closed.” They got back between twelve and half-past twelve at night. She left the Pierrepont Hotel, July 9th or 10th, and went to the Abbott House, Middletown Point, as servant, July 11th. On the 11th of August he came to Hey port, and took board where she worked ; while there, they became engaged to be married, but did not sleep together there. When she left the hotel in Brooklyn, she said, “ I told him I did not think I was worthy of him, that he was better in the world than I was, that I had nothing but what I made per month; I told him I had met with a misfortune. He asked me what it was. I told him I had had a child, and was confined in Bellevue Hospital. He said that it would make no difference, that he would give me his word of honor that it would never be cast up against me. as long as I was his wife when life lasted. I then gave consent to be his wife.”

When she came to town to be married, he took her to Thompson-street, near Grand, and paid half a week’s rent; there she left some of her things, thence went “ to look further ” to a tenement-house in Elizabeth-street, saw the landlady, who refused to let the rooms because, as Jane said, Hayes had no references, and she “ don’t recollect any thing said about marriage certificate.” Then they went back to Thompson-street. She says she is positive she did not sleep there that night, September 12th, but at her mother’s. The next day, between three and four, p. m., came over to the room in Thompson-street, there saw Hayes, and was married to him in that apartment about seven, p. m., by a man whom Hayes represented to be a minister, and who was dressed like one. He had on a white neck-tie. She did not ask his name. That night she got a marriage certificate. Said she could not read or write. Defendant took the certificate. She swore that she did not know where it was. She did not think it was necessary to have a witness, thought the certificate was enough, but she could have requested her

sister to be there, only he told her he wanted the marriage kept secret, as his mother had died in March and left him some property, which he would lose if his being married were made known.

She was cross-examined, and stated among other things, as follows : I did not state when I first went to Thompson-street that I was Hayes’ wife. I did not stay with him all night at the Lafarge House, at Island City Hotel, or anywhere else until I was married. I don’t know that I told the woman in Elizabeth-street that I was his (Hayes’) wife; did not till I went there the second time. I did not swear before Justice Osborne that I never had a marriage certificate. There was “ no other ceremony performed except the one on the 13th of September. I had a marriage ring ; got it quite a while after the marriage ; no ring was used at the marriage.” She was not married to the man by whom she had the child ; the child was dead.

There was proof that Hayes had spoken of, and represented her to be his wife on various occasions.