nless the Smith boys
lowered their weapons and consented to argue the matter. 'The fact is,
Colonel Smith,' said the parson, 'you're too late. The young people are
legally married, and the sooner you accept the situation the better. I
married them not two minutes ago, standing on that identical tombstone.'
[Illustration: "'YOU'LL COME STRAIGHT HOME WITH ME.'"]
"Colonel Smith was a lawyer, and the sharpest one in that part of the
country. He saw the force of the minister's remarks, so he told the boys
to put up their guns, and he shook hands with the minister. Then he
inquired, in a careless sort of way, where Josiah and Melinda had stood
while they were being married. The parson showed the footprints of the
bride and groom, and then Colonel Smith turned to Melinda and said,
'You'll come straight home with me. There hasn't been any marriage yet.
That stone is the boundary mark between Indiana and Illinois, and you
were standing in Indiana and that other idiot was standing in Illinois
when the parson tried to marry you. Nobody can marry in two States at
the same time, and I shan't recognise the pretended marriage till a
court of law compels me to do so, which will be never. I hope this will
teach you the folly of fooling with Methodism. When you want to get
married next time try a Baptist minister, who will know the difference
between a tombstone and a boundary mark.' There were too many Smiths,
and they were too well armed to be reasoned with successfully, so the
upshot was that Melinda went home with her family, and Josiah and the
parson went to see a lawyer.
"The next day Josiah brought a suit for divorce against Melinda. It was
a friendly suit, you understand, and his only object was to test the
question of the validity of his marriage, for, of course, no man can get
a divorce unless he first proves that he is married. Old man Smith
conducted the case on his side, and a lawyer named Starkweather, who is
now a member of the Illinois Legislature, appeared for Josiah Wilson.
Colonel Smith argued that while the parson who conducted the alleged
marriage ceremony could undoubtedly have married a couple in the State
of Indiana, he could not marry a woman in Indiana to a man in Illinois,
for the reason that the man and the woman could not be in the same place
while they were in two different commonwealths, and that hence Josiah
and Melinda had not legally appeared together before the officiating
minister. Furthermore, he
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