The court
held that this previous judgment had not become the law of the case
pending the appeal from the order denying a new trial. It held that
where two appeals are taken in the same case, one from the judgment
and the other from the order denying a new trial, the whole case must
be held to be under the control of the Supreme Court until the whole
is disposed of, and the case remanded for further proceedings in the
court below. The court reversed its previous decision, and declared
that if the statements made by Sarah Althea and by her witnesses had
been true, she never had been the wife of William Sharon, for the
reason that, after the date of the alleged contract of marriage, the
parties held themselves out to the public as single and unmarried
people, and that even according to the findings of fact by Judge
Sullivan the parties had not assumed marital rights, duties, and
obligations. The case was therefore remanded to the Superior Court
for a new trial.
On the 2d of August the demurrers to the several indictments against
the Terrys came up to be heard in the United States District Court.
The argument upon them concluded on the 5th. On the 7th the demurrer
to one of the indictments against Sarah Althea was overruled and she
entered a plea of not guilty. No decision was rendered at that time
upon either of the five other indictments.
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