The  respondent  also  shows  that,  upon  several  different  occa-
sions, commencing  in  1899  and  continuing  down  to  the  death
of  Spink,  he  referred  to  her  as  his  "  wife,"  and  introduced  her
to  different  persons  as  his  wife.  Her  mother,  Chloe  Gay,  also
testified  that,  in  1899,  the  deceased  told  her  that  he  and  Ellen
were  married  and  that  Ellen  was  going  to  his  house  to  stay,
and  that  they  wore  to  live  together  as  husband  and  wife ;  that,
in  reply  to  her  inquiry  if  they  had  been  away  to  be  married,


MATTER  OF  SPINK  81

Spink  replied  '^  Ko ;"  that  it  was  mmeoeBsary ;  that  they  had
agreed  to  Uve  together  as  man  and  wife.
If  the  yalidily  of  this  marriage  was  to  stand  or  fall  on  this
woman's  testimony,  it  would  certainly  fall.  A  mother  of  ma-
ture age  that  would  consent  without  protest  to  such  an  arrange-
ment for  a  daughter  barely  out  of  her  teens  is  entitled  to  but
little  consideration  at  the  hands  of  this  or  any  other  court ;  and
her  testimony  should  be  treated  accordingly.
The  petitioner  contended  on  the  trial,  and  still  contends^
that  all  evidence  of  declarations  of  decedent  and  all  transac-
tions between  him  and  Ellen  subsequent  to  January  1,  1902,
when  the  provisions  of  chapter  339  of  the  Laws  of  1901  took
efiPect,  were  incompetent  and  inadmissible.
