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Show V ' J- , jj. JJ. j o , ... ;;- " . i , , " : J r y '. ; I' . - '! l , ' f : J . ' " ' . f d " ' ' " :"( v .'.;'.:: ,v f-.-f i J , 4 v " ' ' ' ; j I ... ". f : -,i i. '. . '";:)'. (".' : 41 k , . ' y ' I ; ; s j. i' 1 ' i " l. V ' ' ? , . V M ' - M , . i v ' ; ' . - " t , ' " . ' oun Mr. Louis Ream, Whose Case Has Been the Cause of Jud.tje Borsl's I'orccful Stand Against Too Easy Divorce. WHEN young Louis JI. Ream, heir to the millions of Norman B. Ream, of New York, wrote a poem to Eleanor Pendleton that began: "Go harry rose and, luterwova With other flowers bind my love." . he did It to convince her that he really did love her. It was not at all his intention to convince con-vince any court of law of the same thing. But so sincerely convincing was Jir. Ream's muse that Miss Pendleton not only fell into his arms, but even after the several years that have passed the fire in the verses was strone enough to move a wise justice to define officially, for the first time, the true relation of poetry to love in lawsuits Involving the tender passion. Justice Borst, of the New York Supreme Court, in a decision even more important in other aspects, practically admits that Mr. Ream lost the lawsuit because of his poem. It was y proof, said the judge, that he was very much enamored with his wife and court- ' ed her "with extraordinary fervor." But besides thus defining poetry's ., place in courtship, Judge Borst reaas a ' wholesome lesson to young sons of mil- i Uonaires who think that they can marry i any girl who strikes their passing fancy ! and can then buy their way out of wed lock after it has become monotonous or ! too unpopular at home. The amazing I ease with which many millionaires have ; succeeded in dissolving undesirable raar- riages contracted by their headstrong. but heartsick offspring, has long been 1 an American scandal. Nine out of ten i of such marriages have been with ac- . i tresses. By the decision of Justice Borst i this sort, of thing will be far more dlfii- ' j cult in the future than it bas been in the past. No matter how solemnly such mar-riages mar-riages may be celebrated, they have been ! seldom proof asalnst the determination j of the parents to dissolve them. Although j marriages may he legally dissolved only for certain well-defined causes, and or- dinary Individuals secure such relief only J after considerable delay and more or less undesirable publicity, these privileged i persons have been able with the utmost rase to find some loophole through which to reclaim their "erring" sons and tear them from their legal but unwelcomrd j wives. , The usual course in such cases has . j 'ern for the parents first to secure the acquiescence of the girl by the payment Judge Borst Reads a Wholesome Lessor to Young Sons of trie Very Rich Who Think They Can Buy Their Way Out of Hasty Marriages That Prove Unpopular at Home One of Mr. Ream's Courtship Verses That Convinced the Court of His Love To Eleanor from L. R. j Go happy rose and, interwove With other flowers, bind my love. Tell her she must not be L Longer flowing, longer free Jr That so oft has fetter'd me;. Say if she's fretful I have bands 2 Of pearl and gold to bind her iu j hands Z Tell her if she struggles still, x I have myrtle rods at will ' v,' For to tame, though not to kill. Take thou my blessing thus and go And tell her this---but do not sol Lest a handsome anger fly t Like a lightning from the sky And burn thee up as well as I. or promise of large sums of money and then to employ the machinery ot some out-of-the-way court to secure a Judicial decree dissolving the marriage quietly, quickly and absolutely. In the Summer of 1911, Louis M. Ream, heir to the millions of Norman B. Ream, a New York banker, who has since died, became acquainted with Eleanor Pendleton Pendle-ton Davidson, an actress. Young Ream had recently graduated from Princeton. He was employed in a big trust company. After a brief but ardent courting the, actress consented to become the bride of the banker's son. On September 1, 1911, they were married before a justice of the peace in Hoboken, N. J. They lived together just five days. On the siith day Ream left to pay a visit to his parents' home In Connecticut, promising promis-ing to return the following day. Young Mrs. Ream has never seen him since. -Instead, the family lawyer called on her, explaining that it had been decided that the marriage was "Impossible," intimated in-timated that it was Invalid anyway for want ot a marriage license, and offered to make a "cash settlement." After considerable negotiation, young Mrs. Ream was "bought off" for $38,000 Pursuant to the arrangement she brought an action in Saratoga, N. Y., to dissolve the marriage, and in less than four months a Judgment was entered declaring the marriage absolutely void from the beginning! In the meantime, to keep him out of further trouble, young Ream was sent to China and Egypt and remained there for many months. Three years later the "bought off" bride was advised that she was the victim of an attempt to fritter away her rights and that she was still legally the wife ot young Ream. Accordingly a motion was made before Justice Borst to set aside the Judgment declaring the marriage void. The whole case was thus reopened, and after hearing all the evidence, Judge Borst decided that the marriage was improperly im-properly void, and that the actress was stitl the wife of young Ream. An appeal was immediately taken to a higher court, the. Appellate Division of the Supreme Court, and that court has Just affirmed Judge Borst's decision. In the course of his opinion, Judge Borst detailed the pivotal facts In the case and laid bare the true character of the whole proceeding. "After becoming acquainted," he said, "the defendant (Reaml paid the plaintiff (Miss Davidson) attention, and from his letters and conduct was evidently very much enamored of her, writing her numerous nu-merous letters and even lapsing into poetry which, from Its composition, was evidently original with him." A specimen speci-men of this poetry is printed elsewhere on this page. "They met frequently, and finally there was a proposal of marriage, which each asserts was made by the other. In view, however, of his letters to her and his poetry written for her enjoyment, it is apparent that the defendant did his share in bringing about the marriage which was afterwards entered into by them. In fact, the proof Is clear that he courted the plaintiff with extraordinary fervor." The judge then described de-scribed the marriage and the incidents of the five days following. follow-ing. "They went to Princeton, where' they stopped at ,the Princeton Prince-ton Inn. While a t Princeton they were at the college grounds, and '"wcAti the defendant -.'j'V pointed o u t to the plaintiff the room he had occupied 0 t f, , i 'me Lesson ? ; C VJ jch Who L JA f " , v irWay M '-" That XVV h' ' ' f , 1 fl t , ' i '-y , 'I- -u. , . , - . - V" ; . f i ( 'ViM." 1 1 Jr. , - ' I " i ' . i K. $ f o'tf ! y x; xvv?i:v Y'i I . X . ! ( 1 vAt' ' if ' . ? nd jocosely said j j (; 1 1 K t , ccupy the same g-' V t. v ' ' ' ' y t when he went s I --.i-'tsaSi ' iat if the course . I- - r . ' sre to be upheld ' " y" ' - ' ' -"- ' V . re is likely to be f ' ' ".. - J e a severance of e ' - ( - No longer will tion to ate tlle actlon tie did because no K ' ' ' " " wrongdoing, but notice of the new proceeding was given t - her the validity to yunS Ream personally, the papers be- ''v ' J between willing lng serv'ed on hls attorneys-. This conten- w ' - 1 ' . successfully a3- Uon, the higher court refused to sustain. , 1 j nt to marry may "If the moving papers are true," the , - .. , . f court decided, "the defendant in this ac- i- ply to the court ' . f . . t lr marriage is entered into a marriage contract ' ' , 1, ""t mfcrr t i wltn the Pla'nliff i the State of New - k , - take the hazard r, . . T .-.-- ..:.;-'. - . . ' . .. -.. -.: . v . . Jersey, came within the State or New fc 1 ?y accept a mar- . , ' . r ' ' York and consummated the marriage and , , 'v 1 to the held tbe plaint;iff out a3 h'3 wife t0 rela' I ' I tives and friends, and then betook him- ? ot only wrongly g(a(e Qf Connectlcut and by , d. A wife of a mean9 o alse and frau(iuient sugges- J jft her side with lnduced plaiDtlff to Drlng the a promise for a action, appearing by his attorney and ad- -" x t ddenly she was mUting tne faisely induced allegations, . - ' 3r with a state- and relieved nlmsef 0f the responsi- t ' ' ' ' serted and repu- biijties of the marriage obligation by the I ' judgment of the courts of this State, pro- . ' ' ' this case neces- upQn tha juris f , . . . . leasant features. dict(on Now when the plaIntiff awalc. t x , . , n that indicated (q fac. Qf the fraufl an(J finds I a false posit.on herself the ,afu wfe of the dfr ' ' . ' - , ) lid stand uncor- rendant for fraud vitiates Judgments as 1 ' ' ' well as contracts the defendant attempts V ' 1 . ..... j h the defendant t0 appear-specially for the purpose of J . ;ment is vacated asserting that the court is without juris- f . making If he diction to purge its records of this fraud. ' 1 , because the defendant is a resident of l ' ., j marry the plain- ,he state 0f Connecticut and because he .. . . a abided by the hag not i,een personally served within t ' v . If he did not in- this State. ' ' 1 his conduct is "If the contention, is sound, then all - i i, kn tnat 1a necessary Is to get a Judgment v, ; . . ' . : ... : : . ' ' V 1 be has oeen fnformi withdraw from the Jurisdiction, I ' t wrong against discharge the attorney of record, and V ' - in imposition of not only the wronged party, bnt the State -. .. , pon his friends, itself, which Is a silent third party in - . . - ' A, ,,, tifr onri all contracts, is without remedy. We - r. , $". tne piamim ana persuaded that the contention can- . . - ' ' i '4 her as his wife, not be S0Und; that the State Is not so y ' - - :; - -y t-.-j" V' . j lived her some- powerless to protect Itself and those .- ( s . ft the plaintiff within its Jurisdiction from frauds f. : '. JLa ; jr..-' 4 ie ceremony of worked through abuse of its forms and 4L. when at the college and jocosely said that "Our boy should occupy the same rooms for his apartment when he went to college." Judge Borst declares that if the course followed in this case were to be upheld "this method of procedure is likely to be the popular one to secure a severance of the marriage relation. No longer will evidence be necessary of wrongdoing, but on one pretext or another the validity of the marriage union between willing parties may easily be successfully assailed. as-sailed. Parties competent to marry may not do so, and then apply to the court to decree whether their marriage is valid or Invalid. They take the hazard of being Joined when they accept a marriage mar-riage ceremony. ''The record points conclusively to the fact that plaintiff was not only wrongly advised, but overreached. A wife of a few days, her husband left her side with expressions of love and a promise for a speedy return, when suddenly she was confronted by his lawyer with a statement state-ment that she was a deserted and repudiated repu-diated wife. "The determination of this case necessarily neces-sarily involves many unpleasant features, yet any other result than that indicated would leave the court in a false position and a grave wrong would stand uncorrected. uncor-rected. "The position in which the defendant will be placed If the judgment is vacated is entirely of his own making. If he Intended in good faith to marry the plaintiff, plain-tiff, then he should have abided by the ceremony of marriage. It he did not intend in-tend to marry her, then his conduct is . most reprehensible and he has been guilty not only of a great wrong against the plaintiff but also of an imposition of the meanest character upon his friends, to whose home he took the plaintiff and at their table introduced her as his wife, when he. In secret, belived her something some-thing different. He left the plaintiff , in a few days after the ceremony of marriage with professions of love and a promise of a speedy return: instead he sent his lawyer to her to learn bow much he should pay. To allow this judgment judg-ment to stand would make the court a party to his immorality." On the appeal to the higher court it was contended Judge Borst bad no jurisdio Copyright, 1317, ty ths Star Compac tion to take the action he did because no notice of the new proceeding was given to young Ream personally, the papers being be-ing served on his attorneys. This contention, conten-tion, the higher court refused to sustain. "If the moving papers are true," the court decided, "the defendant in this action ac-tion entered into a marriage contract with the plaintiff in the State of New Jersey, came within the State of New York and consummated the marriage and held the plaintiff out as his wife to relatives rela-tives and friends, and then betook himself him-self to the. State of Connecticut and, by means of false and fraudulent suggestions. sugges-tions. Induced the plaintiff to bring the action, appearing by his attorney and admitting ad-mitting the falsely induced allegations, and relieved himself of the responsibilities responsi-bilities of the marriage obligation by the judgment of the courts of this State, procured pro-cured by these frauds upon the Jurisdiction. Juris-diction. Now, when the plaintiff awakens awak-ens to the fact of the fraud, and finds herself still the lawful wife of the defendantfor de-fendantfor fraud vitiates judgments as well as contracts the defendant attempts to appear ' specially for the purpose of asserting that the court is without jurisdiction juris-diction to purge its records of this fraud, because the defendant is a resident of the State of Connecticut and because he has not been personally served within this State. "If the contention, is sound, then all that is necessary is to get a judgment Inform, withdraw from the Jurisdiction, discharge the attorney of record, and not only the wronged party, bnt the State itself, which Is a silent third party in all contracts, is without remedy. We are persuaded that the contention cannot can-not be sound; that the State Is not so powerless to protect Itself and those within its Jurisdiction from frauds worked through abuse of its forms and process. "In the interests of the State at large the court Is not required to look with folded arms at a judgment fradu-lently fradu-lently procured because one of the parties par-ties who fraudulently procured that iudgment thinks he bas not had sufficient notice of his own fraud." ty. Clreat Britain Rights Reserves." Mrs. LIcanor Pendleton Roam, the Youn," Wife '- V I V' Whose A coop Ui nee of $38,000 to Agree to f N a Divorce Did Xot. After All, Enable - ; l Her Husband to Get It. ,. V .; 1 v .' ( 1 i i . or,. |
