“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 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.”]