Cayford's case
Supreme Judicial Court of Maine
This was an indictment for lewd and lascivious cohabitation, tried before Parris J. To prove the marriage, the government relied on evidence of the following facts. The prisoner removed from New Hampshire into Maine about twenty years since. Soon afterwards be sent a person after “ his wife and family ;” who brought to him a woman and two children, whom lie received and treated as his wife and children, calling the woman his wife.
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This was an indictment for lewd and lascivious cohabitation, tried before Parris J. To prove the marriage, the government relied on evidence of the following facts. The prisoner removed from New Hampshire into Maine about twenty years since. Soon afterwards be sent a person after “ his wife and family ;” who brought to him a woman and two children, whom lie received and treated as his wife and children, calling the woman his wife. They continued to live together as man and wife, upwards of ten years; during which time he went to England, where he said they were married, to obtain the property…
1Opinion of the Court
*58The opinion of the Court was delivered in Cumberland, at the adjournment of May term in Avgust following, by
Mellen C. J.
The question is whether the evidence of the defendant’s confessions as to his having been married in England, accompanied by proof of his having lived ten years with the person whom he called his wife, and with children whom he treated as his own; and his declarations that he had, during their cohabitation, been to England, where he received property to a large amount, which she inherited; was competent evidence to be submitted to the jury for the purpose of proving the…
2Cases cited2 opinions
- Ellis v. EllisMassachusetts Supreme Judicial Court · 1814
- Forney v. HallacherSupreme Court of Pennsylvania · 1822
3Cited by4 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- State v. LibbySupreme Judicial Court of Maine · 1988
- State v. HoffsesSupreme Judicial Court of Maine · 1952
- State ex rel. Kearney v. FinnMissouri Court of Appeals · 1882