argued that the minister at the time of the
pretended marriage was standing neither in Indiana nor in Illinois, but
on the boundary line; that the statute defined the boundary line as 'an
imaginary line' running from such and such a point to such and such a
point, and that a minister who stands in a purely imaginative locality
stands virtually nowhere, and hence cannot perform any function of
his calling.
"On the other hand, Josiah's lawyer claimed that the minister had
married Melinda Smith in the State of Indiana; that consequently she
must have been married to somebody, and that that somebody was
unquestionably Josiah Wilson. As to the point that the minister stood in
an imaginary locality because, as was alleged, he stood on the boundary
line, the lawyer maintained that it was a physical impossibility that a
minister weighing two hundred and fifty pounds could stand in a purely
imaginative place. Moreover, he was prepared to prove that, while
performing the ceremony, at least one of the minister's feet was in the
State of Indiana, which was sufficient to make him legally present in
that State.
"The arguments lasted three days, and the court before which it was
tried, consisting of three judges, took all the third day to deliver its
verdict. It decided that Melinda Smith was legally married to some
person unknown, though not to Josiah Wilson, and that Josiah Wilson was
also married to some unknown woman, who was not Melinda Smith, whoever
else she might be; that no marriage between the plaintiff and the
defendant had ever taken place, and that no divorce could be granted,
but that if either of them married anyone else, he or she would be
guilty of bigamy.
[Illustration: "SHE WAS A GOOD DEAL CAST DOWN."]
"The Smiths, with the exception of Melinda, were delighted with the
decision, for it made it reasonably certain that Josiah could never be
recognised as her husband. She was a good deal cast down about it, for,
like every other Indiana girl, she had looked forward to being married
and divorced as the natural lot of woman. Now it appeared that she was
married, but in such an unsatisfactory way, that she could never have a
husband, and never be divorced from anyone. As for Josiah, he was
furious, but there was no help for it, the law was against him, and, as
a law-abiding man, he was obliged to respect it, especially as he could
not hope to kill off all four of the Smiths, if he decided to make a
family feud o
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