Page:Federal Reporter, 1st Series, Volume 5.djvu/293

 tlNITED BTATES V. DE QUILFELDT. 281 �my brotherHorrigan, of the criminal court of this city, a very learned judge, that while it is customary to add "yeoman" as an addition, it is wholiy unnecessary under our practice. New, as to indictments against men, there can be no two opinions as to the utter uselessness of any addition such as "esquire," "gentleman," "yeoman," or the like; but -when ■women are indicted it seems to be a matter of more impor- tance, and quite necessary that they should be described ac- cordingto the f act, as "wife of A. B.," "widow," "spinster," or "single wornan," especially in view of this very doctrine of marital coercion being a defence; and the neglect to do it in this case bas caused the trouble we bave with this trial. If a woman be indicted as a wife, that, being an admission on the record that she is so, will be sufficient proof of it, and perhaps conclusive on the government. Otherwise, if she set up her coverture as a defence she must prove it. And proof merely of cohabitation with the man, and passing by bis namo does net seem to be sufficient proof of this, although, on the other hand, actual evidence of the marriage wauld not, per- haps, be required. 1 Arch. Cr. PI. supra, S; Whart. Prec. supra, 7. �I have examined the cases cited in the text-books, so far as they are accessible to me, — and I regret that some of the most important of them are not to be found in the library, and also that I bave not the newer editions of the text-books themselves, — and must say that I am not able to determine with satisfaction just how a woman must or may "set up her coverture as a defence" when she is indicted separate and apart from her husband, and as a single woman. Here the defendant is not described aa either married or single, and but for the feminine name of "Annie" attached to her sur- name, and the alias dictum, we would never know from the face of the information that she was a woman at ail. 1 am of opinion thj,t she could bave moved to quash the informa- tion for want of a proper addition, or pleaded in abatement the omission, disclosing, of course, how the faet was, and upon j)roof of her marriage to De Quilfeldt the goyernment would ����