The Forged Signature and the Legal Loophole of Marriage

The forgery case which we mentioned in our last issue came up before Justice Selye yesterday for examination. Mr. Burke appeared in behalf of the defendant, and Mr. Navarre for the plaintiff. The testimony showed that the plaintiff, the husband of the defendant, had, on account of some domestic difficulties, left his wife. Just previous to this separation, which was some months ago, the husband and wife in question had signed over a deed to a farm located somewhere down the Sound to a third party, from whom they obtained some consideration. But an agreement was entered into at the same time, between the three parties, that the deed in question should not be turned over to the third party only on certain conditions, and with the consent of the two first parties concerned. With this understanding, the deed was taken to Schwabacher Bros. & Co.'s store and deposited there by the husband, accompanied by the third party to the transaction. It was left there on condition that it should not be given up without the husband's consent, request, or order. But a short time ago, his wife wrote an order on Messrs. Schwabacher Bros. & Co. for the deed and signed her husband's name to it. The third party presented the order and got the deed. The husband was incensed and had his wife arrested for forgery. The testimony showed that the wife had written the order and signed her husband's name; but this offense was mitigated by the fact that she had always done all her husband's writing and had used his name many times before without any objection. The defendant was dismissed and exonerated on the ground that a wife cannot be deemed guilty of forgery for simply using her husband's name, as the law supplies that husband and wife are one, and that in coverture she has a perfect right to use her husband's name unless it is to the injury of a third party.