ent in the name of himself and Mary
Almira to recover possession of a tenement in Windsor of which she was
the owner, and secured judgment without any defence being offered.
He secured the indictment of one of her brothers in the United States
District Court for having opened one of his letters to his wife.
He presented a statement of the facts of the abduction and bigamous
marriage of Mary Almira to the Grand Jury of Windsor County, and
procured an indictment against her two brothers and Mary Almira and
Jeremiah "for conspiracy to carry her without the state of Vermont" to
become the bigamous wife of Jeremiah.
He followed Jeremiah and Mary to Boston in July, 1833, and laid the
matter before the Grand Jury there, but before any action could be
taken Jeremiah and Mary Almira "withdrew from the city of Boston, left
New England, took passage at the city of New York in an outward bound
vessel, and retired to the other side of the Atlantic."
Out of one of the actions instituted in the name of Roswell Field and
Mary Almira, his wife, grew a libel suit, brought by Mistress Susanna
against him, in which the special pleas drawn and filed by Roswell
Field were pronounced by Justice Story "to be masterpieces of special
pleading." Through all these proceedings Mr. Field disclaimed all
intention or wish "to visit legal pains and penalties" upon his wife,
whom he regarded "as the victim and scapegoat of a wicked conspiracy."
Finally, and after the birth of a child, Jeremiah and Mary Almira were
forced to bring a suit for the nullification of the Putney marriage.
Field met the complaint with a plea that set out all the facts. He
contended that, as the Putney marriage was between persons of legal
discretion and consent, there could be no condition that would render
it voidable at the election of either. Every law and precedent was in
favor of the inviolability of the Putney marriage, and yet so powerful
were the family influences and so distressing would have been the
results of a finding in his favor, that the lower court preferred to
disregard precedents and law rather than illegitimatize the innocent
children of Jeremiah and Mary. The same view was taken by the higher
court, which absolved Mary of "being fully acquainted with the legal
consequences of a solemnization of marriage." The court itself was
forced to regard the ceremony as "a promise or engagement to marry,"
rather than a completed and sacred contract. The opinio
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