STRANGE MARRIAGE SUIT.

New Zealand Herald, Volume XXXV, Issue 10836, 20 August 1898, Page 2 (Supplement)

STRANGE MARRIAGE SUIT.

THE ROMANCE OF A MANCHESTER M.D. A strange and almost pathetic case occupied the attention of Sir Francis Jeuno in the Divorce Division a few days ago. It was a petition by Dr Charles Oscar Murphy, M.D., of Manchester, for a declaration under the Legitimacy Declaration Act, that his marriage with Martha Murphy, otherwise Price, was legal and valid. Mr. Indcrwick, for petitioner, said the suit came on under rather peculiar circumstances. The petitioner sought to have it declared that his marriage to Miss Martha Price on September 17, 1876, was a lawful and valid one. Dr. Murphy, the petitioner, was a Roman Catholic, born in Ireland. Some years ago ha came over to England, and lived there, and had practised in Manchester as a physician since 1850. About 1871 or 1872 a young woman, Miss Martha Price, was engaged by him as his housekeeper, and in the autumn of 1876 he proposed marriage to her. He went to the church of tho Jesuit Fathers, and saw Father Birch, who was his clergyman, and toid him that he had promised to many Miss Price, and asked him to make all the necessary arrangements for their marriage. The clergyman advised him to reconsider the question as to whether he would marry the lady or not. Dr. Murphy went and talked the matter over with Miss Price, and before going to the clergyman a second lime they both went on their knees together and pledged their words that they would be married, and that they would be faithful to each other, and that they would regard each other as husband and wife, and would carry out their promise at the earliest opportunity. He then told Father Birch what had taken place, and that they had, in fact, made this premise to each other in the most solemn way that was possible. Father Birch then said to him that if that were so then the marriage was a valid one, and they would require nothing more. Dr. Murphy believed entirely what Father Birch had said, and relied on the statement thus made to him by tho clergyman of his church. There was somo further conversation on the matter, and the father then said that that was his view of the matter, but at the same time lie would not like Dr. Murphy to accept that view absolutely, and that he would consult with the other clergy of the Church and give him their views upon the matter. In the meantime they sent for Miss Price. She made to them the same statement that Dr. Murphy had made to the clergyman. They then told her that it was a valid marriage, and with the view to showing that there was no doubt in the minds of any of the clergy or Vicar-General with regard to the validity of the marriage, she was told that she and Dr. Murphy rhould approach the sacrament of Penance, which was the usual thing to do for people before marriage, and that on the following day they should take Communion. This was also communicated to Dr. Murphy, who accepted the statement of the clergy, and believed it was a perfectly valid marriage. From that time for a period of 22 or 23 years he and this lady had lived together as man and wife. They had been received by their friends and by the clergy of the Church, and were generally treated as husband and wife. There was no licence granted for the marriage, and no banns published, and there was no registrar present. In fact, there was no ceremony whatever in the church. Subsequently a state of things took placo which rendered it necessary for Dr. Murphy to take these proceedings in order to regulate his position. Some time in the early part of 1882 a statement was brought to Dr. Murphy's notice that it was said by one of the clergy that he had never been married to Martha Price, and, in fact, that he was living in concubinage with 'a person who had been his housekeeper. Thereupon Dr. Murphy went,to Father Birch, and saw other members of the community. He went before the Vicar-General and made a statement, and the whole matter was laid before the Bishop of Salford. He then learnt from all those persons that his marriage was a perf.wtly valid marriage, and that they .were pmpaied to give him a cer- ; tificate to that effect, and a:certificate was given, stamped with the monogram of the Bishop of Salford (the present i Cardinal Vaughan).> ..;■• •..- v'-.v-i ii;^:.,.../'/■;.: ■- His lordship held that the marriage was illegal, and rejected the f, petition of Dr. Murphy.