DuMond - Kenyon
Chenango Telegraph, May 27, 1938
Miss Eleanor Elizabeth Kenyon of North Pitcher and Gerald George Dumond of Willett, N.Y., were married at the parsonage by the Rev. D.G. DeBoer Monday night at eight o'clock. The only attendants were Margaret Verreau and James Willcox of Cortland.
Trial of Mixup Marriage Case Opens in County Court
Chenango Telegraph, November 22, 1938
After Judge Hubert L. Brown, had denied defense motions for separate trials, Norwich's famous mixup marriage case was commenced in county court late Monday morning with the long and tedious task of selecting a jury. That it will not be easy to find men and women acceptable to both prosecution and defense was indicated by the line of questions asked by the opposing lawyers. when court took a recess for the noon hour only three, two men and one woman were deemed as satisfactory.
The three defendants, Burton Livermore, 26, former bus driver; Miss Marguerite D. Verreau and Miss Eleanor E. Kenyon, both 19, are jointly indicted for falsely impersonating another in a marriage ceremony in violation of section 928 subdivision one of the penal law. It is alleged Miss Vereau and Livermore were married in this city [Norwich, Chenango Co. NY] May 23, last, using a license issued to Miss Kenyon and Gerald George DeMond of Willett, and that Miss Kenyon was a witness to the ceremony.
Burton Livermore
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Norwich Sun, November 22, 1938
Marguerite Verreau
DeMond, 22-year-old senior at the East Carolina Teachers College, Greenville, N.C., was the first witness called after the opening statements of counsel to the jury. The young student testified he first met Miss Eleanor Kenyon, one of the three defendants charged with impersonating another in a marriage ceremony, in June 1937. They decided to get married after several weeks and on August 31, 1937, the witness said they obtained a marriage license at the town clerk's office in Pitcher where Miss Kenyon lived. At that time Miss Kenyon was not of age, but her parents gave their consent in writing to the wedding. He was shown a certified copy of the marriage license by Mr. Mosher. For some reason the marriage license was never used by DeMond and Miss Kenyon, but the latter obtained possession of it and DeMond returned to his school duties early in September of that year. He told District Attorney Mosher that he first learned on June 4, of this year, of his marriage. This was the date he returned home from school for his summer vacation. His parents were first to inform him of the reported marriage between himself and Miss Kenyon. He saw newspaper accounts of the wedding, came to this city where he visited Rev. D.G. DeBoer, the clergyman who performed the ceremony between Livermore and Miss Verreau and then complained to the district attorney.
Mr. DeMond was first cross examined by former City Judge Theodore C. Bonney, counsel for Miss Verreau. He said he was majoring in history at college and was preparing to become a teacher with an A.B. degree. He said he did not know Miss Verreau until yesterday. He had seen Livermore at the hearing prior to the time the three defendants were held for action of the grand jury. To Attorney J. Richard Marshall, counsel for Livermore, DeMond said he attended a dance on the night of his return home from school last June and received congratulations on his marriage from friends who inquired where his wife was. He lodged his complaint with District Attorney Mosher the day after his return home.
Attorney Edwin Verreau, counsel for Miss Kenyon and brother of Miss Verreau, tried to prove there was a civil action pending between the parties, but an objection by the district attorney blocked this procedure. Mr. Verreau wanted to show how DeMond claimed to be injured by the using of the marriage license. the lawyer offered to produce a copy of the suit brought by Miss Kenyon and the answer filed by Demond, but this was not allowed by the court.
James Wilcox, next to take the stand, gave his age as 24 years and occupation bus driver. He now resides in Rochester, but was in Cortland on May 23 last. He had known Livermore six years, Miss Verreau four years and Miss Kenyon only since May 23 last. Wilcox recalled the afternoon of May 23 with much detail under the guidance of Mr. Mosher. The three defendants and himself visited the Tavern in Cortland that afternoon, had several drinks together. At the first meeting about noon in the restaurant Miss Kenyon was not present but another girl, Miss Wandell, was in the company. He told of the quartet buying some groceries, quart of gin and going to Miss Wandell's apartment where more drinks were had. He declared that Miss Verreau, Livermore and himself did most of the drinking. Later they left the Wandell rooms to take Miss Verreau to work in the Hollywood restaurant in Cortland. This was about four p.m. on the afternoon of May 23. Enroute they met Miss Kenyon on the street and all then went to the King Cole, another Cortland restaurant. They remained there an hour or two and did not take Miss Verreau to work. More drinking followed, said the witness, but prior to the stay at the King Cole he said the subject of marriage was discussed. He asserted that Miss Verreau and Livermore had expressed a desire to be married. "Don't be foolish," he said Miss Wandell had advised the parties. Wilcox also added his bit of advice by informing the couple they could not be married without a license and that under the law three days were required between the date of the issuance of the license and the date of the wedding.
About this time, the witness asserted Miss Kenyon said she had a license. The question was then discussed among the parties about using this license. Miss Kenyon at first objected to giving Livermore and Miss Verreau the license fearing, she said, that it would get Gerald DeMond into trouble. Miss Kenyon was finally persuaded to obtain the license. The party left Cortland at 6 p.m. that day for Norwich, all riding in the Wilcox car. Miss Kenyon rode with Wilcox and Miss Verreau and Livermore occupied the rear seat of the machine. Enroute to Norwich the party stopped at a farm home in North Pharsalia, where Miss Kenyon procured the license. On the ride to this city the quartet discussed whether it would be practical to get married on those conditions and whether to go to the home of a justice of the peace or a minister.
Arriving in Norwich the party met Pete Levee on the street, Mr. Wilcox said, and he directed them to the home of Rev. D.G. DeBoer on South Broad street. Livermore informed the clergyman a couple desire to get married. The parties were all introduced to Mr. DeBoer and the minister asked the usual preliminary questions. Livermore presented himself as DeMond, Miss Kenyon was introduced as Miss Verreau, and Miss Verreau as Miss Kenyon. Wilcox maintained his own identity. Livermore produced the marriage license from his pocket and the ceremony was performed, with Mr. Wilcox signing as a witness and Miss Kenyon signing the name of Miss Verreau. The witness said that Mr. DeBoer, noticing the date of the license and that it had been held so long, inquired about the delay. He said that Livermore replied that he got laid off from a milk plant at which he was working and was unable to get married at that time, but that he now had a job with a bus company and could now see his way clear to get married. Mr. DeBoer informed the parties that he would attend to having the marriage notice printed in the Norwich newspapers but that they would have to look after the matter in the Cortland papers for publication.
Leaving the home of the cle3rgyman all then went to the office of Miss Verreau's brother, but he was not at home. They then drove back to McGraw and Cortland, leaving Miss Kenyon at the Tavern. Miss Verreau, Livermore and himself went to the Palm Garden, another Cortland restaurant, where all remained until 1 o'clock the next morning. The next morning Wilcox said he met Livermore. the latter remarked "Do you realize what kind of a mess I am in." Wilcox said Livermore also told him that his landlady had inquired about his bringing a woman into his room for the night, and that Livermore told the woman that it was all right "I am married to Margaret."
After a couple of hours Livermore, Wilcox and the two girls started to come to Norwich to see if there was anyway they could get out of their trouble. "We had a flat tire about five or six miles from Norwich," said the witness and then returned to Cortland. "We never did reach Norwich," said Wilcox. The witness said that he had never been promised any immunity by the district attorney in the case. Wilcox is not under indictment having made a signed statement to the authorities.
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A Chenango County jury of 10 men and two women acquitted Miss Eleanor Kenyon, Miss Marguerite Verreau and Burton Livermore at 4:55 Wednesday afternoon of charges of impersonating another in a marriage ceremony performed here last May. The jury came into court at 4 o'clock and asked for instructions as to intent to injury and intent to commit a crime, after which they resumed their deliberations and within an hour returned a verdict of not guilty. The trio had faced a possible maximum sentence of 10 years each in state prison if convicted. District Attorney Lester R. Mosher, who appeared for the prosecution unaided, said the case was the first of its kind tried in his state since enactment of the law.
Livermore and Miss Verreau were accused of going through a marriage ceremony in Norwich in May of this year using a license issued to Miss Kenyon and Gerald George DeMond. Miss Kenyon was charged with being a witness at the ceremony. The license used by the couple was procured by Miss Kenyon and DeMond from the town clerk's office in Pitcher in August, 1937, but it was never used by them. After DeMond reutrned to his school studies in Greenville, N.C. Miss Kenyon, who held possession of the license, is alleged to have given it to Miss Verreau and Livermore. The morning after the ceremony, Livermore and Miss Verreau parted company and have never lived together as man and wife.
At the trial of the case Judge Hubert L. Brown presided, while Richard Marshall appeared as counsel for Livermore, former City Judge Theodore C. Bonney for Miss Verreau and Edwin F. Verreau for Miss Kenyon.
A cheer arose from the spectators in the courtroom as Foreman Eaton reported the verdict to judge Brown. Only once during their deliberations did the jury run in difficulty, and on that occasion they came back into the court for a detailed explanation on the subject of injury to George DuMond, to whom the license had originally been issued, and criminal intent upon the part of the defendants. Judge Brown instructed the jurors that unless they found DuMond had been injured and that the defendants had a criminal intent they must acquit. Retiring, the jury apparently harkened to the testimony that Livermore and Miss Verreau went through the ceremony merely on a dare, using a license previously issued to DuMond and Miss Kenyon.
James Wilcox, next to take the stand, gave his age as 24 years and occupation bus driver. He now resides in Rochester, but was in Cortland on May 23 last. He had known Livermore six years, Miss Verreau four years and Miss Kenyon only since May 23 last. Wilcox recalled the afternoon of May 23 with much detail under the guidance of Mr. Mosher. The three defendants and himself visited the Tavern in Cortland that afternoon, had several drinks together. At the first meeting about noon in the restaurant Miss Kenyon was not present but another girl, Miss Wandell, was in the company. He told of the quartet buying some groceries, quart of gin and going to Miss Wandell's apartment where more drinks were had. He declared that Miss Verreau, Livermore and himself did most of the drinking. Later they left the Wandell rooms to take Miss Verreau to work in the Hollywood restaurant in Cortland. This was about four p.m. on the afternoon of May 23. Enroute they met Miss Kenyon on the street and all then went to the King Cole, another Cortland restaurant. They remained there an hour or two and did not take Miss Verreau to work. More drinking followed, said the witness, but prior to the stay at the King Cole he said the subject of marriage was discussed. He asserted that Miss Verreau and Livermore had expressed a desire to be married. "Don't be foolish," he said Miss Wandell had advised the parties. Wilcox also added his bit of advice by informing the couple they could not be married without a license and that under the law three days were required between the date of the issuance of the license and the date of the wedding.
About this time, the witness asserted Miss Kenyon said she had a license. The question was then discussed among the parties about using this license. Miss Kenyon at first objected to giving Livermore and Miss Verreau the license fearing, she said, that it would get Gerald DeMond into trouble. Miss Kenyon was finally persuaded to obtain the license. The party left Cortland at 6 p.m. that day for Norwich, all riding in the Wilcox car. Miss Kenyon rode with Wilcox and Miss Verreau and Livermore occupied the rear seat of the machine. Enroute to Norwich the party stopped at a farm home in North Pharsalia, where Miss Kenyon procured the license. On the ride to this city the quartet discussed whether it would be practical to get married on those conditions and whether to go to the home of a justice of the peace or a minister.
Eleanor Kenyon
Arriving in Norwich the party met Pete Levee on the street, Mr. Wilcox said, and he directed them to the home of Rev. D.G. DeBoer on South Broad street. Livermore informed the clergyman a couple desire to get married. The parties were all introduced to Mr. DeBoer and the minister asked the usual preliminary questions. Livermore presented himself as DeMond, Miss Kenyon was introduced as Miss Verreau, and Miss Verreau as Miss Kenyon. Wilcox maintained his own identity. Livermore produced the marriage license from his pocket and the ceremony was performed, with Mr. Wilcox signing as a witness and Miss Kenyon signing the name of Miss Verreau. The witness said that Mr. DeBoer, noticing the date of the license and that it had been held so long, inquired about the delay. He said that Livermore replied that he got laid off from a milk plant at which he was working and was unable to get married at that time, but that he now had a job with a bus company and could now see his way clear to get married. Mr. DeBoer informed the parties that he would attend to having the marriage notice printed in the Norwich newspapers but that they would have to look after the matter in the Cortland papers for publication.
Leaving the home of the cle3rgyman all then went to the office of Miss Verreau's brother, but he was not at home. They then drove back to McGraw and Cortland, leaving Miss Kenyon at the Tavern. Miss Verreau, Livermore and himself went to the Palm Garden, another Cortland restaurant, where all remained until 1 o'clock the next morning. The next morning Wilcox said he met Livermore. the latter remarked "Do you realize what kind of a mess I am in." Wilcox said Livermore also told him that his landlady had inquired about his bringing a woman into his room for the night, and that Livermore told the woman that it was all right "I am married to Margaret."
After a couple of hours Livermore, Wilcox and the two girls started to come to Norwich to see if there was anyway they could get out of their trouble. "We had a flat tire about five or six miles from Norwich," said the witness and then returned to Cortland. "We never did reach Norwich," said Wilcox. The witness said that he had never been promised any immunity by the district attorney in the case. Wilcox is not under indictment having made a signed statement to the authorities.
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Chenango Telegraph, November 25, 1938
A Chenango County jury of 10 men and two women acquitted Miss Eleanor Kenyon, Miss Marguerite Verreau and Burton Livermore at 4:55 Wednesday afternoon of charges of impersonating another in a marriage ceremony performed here last May. The jury came into court at 4 o'clock and asked for instructions as to intent to injury and intent to commit a crime, after which they resumed their deliberations and within an hour returned a verdict of not guilty. The trio had faced a possible maximum sentence of 10 years each in state prison if convicted. District Attorney Lester R. Mosher, who appeared for the prosecution unaided, said the case was the first of its kind tried in his state since enactment of the law.
Livermore and Miss Verreau were accused of going through a marriage ceremony in Norwich in May of this year using a license issued to Miss Kenyon and Gerald George DeMond. Miss Kenyon was charged with being a witness at the ceremony. The license used by the couple was procured by Miss Kenyon and DeMond from the town clerk's office in Pitcher in August, 1937, but it was never used by them. After DeMond reutrned to his school studies in Greenville, N.C. Miss Kenyon, who held possession of the license, is alleged to have given it to Miss Verreau and Livermore. The morning after the ceremony, Livermore and Miss Verreau parted company and have never lived together as man and wife.
At the trial of the case Judge Hubert L. Brown presided, while Richard Marshall appeared as counsel for Livermore, former City Judge Theodore C. Bonney for Miss Verreau and Edwin F. Verreau for Miss Kenyon.
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Jury Finding Wins Cheers at Norwich
The marriage took place at Norwich May 23, and the following June 10 Livermore, responding to a knock on his Midland av. home, opened the door to find an officer awaiting him. He was hustled off to Syracuse police headquarters and thence to Norwich. Livermore and Miss Verreau were charged with impersonating others in a marriage ceremony performed by Rev. Dowie G. DeBoer, pastor of the First Congregational Church at Norwich. Miss Kenyon was indicted along with them, it being charged she procured the marriage license which Livermore and Miss Verreau used. The license was issued Aug. 31, 1937. It was a one-way trial, the defense not calling a single witness to refute any of the evidence offered by District Attorney Mosher. Livermore and Miss Verreau parted company the morning after the ceremony and never lived together as man and wife.
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Mixup Marriage Taken off Books
Norwich: The marriage of Miss Margaret D. Verreau of Marathon and Burton J. Livermore, former Syracuse bus driver, performed by the Rev. Dowie G. DeBoer in Norwich on May 23, was annulled by Supreme Court Justice Riley H Heath in his chambers at Ithaca yesterday. The marriage was performed on a license issued in the Town of Preston in August, 1937, for the marriage of Miss Eleanor Kenyon of Pitcher and Gerald DeMond of Willet and resulted in Livermore and the Misses Verreau and Kenyon being charged with a violation of the Penal Code of the state. They were tried before a jury at the last term of Chenango County Court and all three acquitted. The action on Saturday was uncontested on the part of Livermore. Theodore C. Bonney of Norwich, who defended Miss Verreau in the criminal action presented the evidence for annulment yesterday.
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