Show THE POSITION IN A NUTSHELL THE argument made by hon F S richards one of the attorneys for foi the defense in the arnold case consisted of a number of clearly defined propositions sit ions mat imar in our view are not qua cep tible of being overturned it contained the follow following ing distinctly drawn renunciations enunciations which we have extracted from it and present separate from explanatory plan plau atory story elaborations so that they are in arnolds promised aromi ed to obey the law made in open court and in pursuance of a mutual agreement between himself and his bis second wife was equivalent to a divorce there being no legal marriage existing between them there w was asne nothing or a court to di solve this being so their status was substantially that ot of a divorced couple and their conduct toward each other should be in keeping with that condition there is 19 fast no evidence which shows any intimacy between these parties which would be jEn or even improper in divorced voiced di persons if the defendants promise to obey the law did not have this effect then the inducements held out to people to make such promises iven even at the tice file of their consciences are a delusion and a snared snare they are led to believe that such a declaration would relieve them from any unfavorable presumption which mi mient arise from the fact of their previous marriage relation if this thib belief is ill founded and a spotter la i to be set upon the track of every man who makes this promise and hib bis footsteps are to be dogged day and nights nigh tas arnolds wherewith were with a view to placing him in an equivocal position then the aromise a snare to him lor for relying upon it he be does what otherwise tie he would not have done and then his every act is turned tamed against him the district attorney does not deny that if the parties had been divorced the defendants conduct would have been entirely proper and to deny him the benent benefit of the presumption arising from his promise would give the law a most cruel and inhuman construction making unlawful the performance of those duties which are most binding upon men according to the lassof laws of nature and the instincts of humanity |