The evening world. Newspaper, January 9, 1904, Page 10

DODGE BLOCKS THE WAY FOR First Husband Will Not Takc Steps to Set Her Free, Now that She Has Been Restored to Him by Legal Process, and Morse Cannot Remarry Her. A Rigid Investigation Into Many of the Decrees That Have Been Granted on Referees Reports in Recent Years to Follow the Exposures in This Case. Broken in health and fortune, Charles F. Dodge, whose wife, lemence Cowles Dodge-Morse, has just been restored to him, quite mnwillingly, by an order of the Court, which pronounced her di- LENRE RY LE LONI IIE IGE KING MORSE 10 WED yorce a fraudulent one, is in New Orleans, firmly determined to take no action against his wife despite the fact that for nearly three years she has been living as the wife of Charles W. Morse, the Millionaire banker, under the impression that she was entitled to bear his name. * . Dodge's lawyer has flatly declared that his client has no intention of taking the only step that will straighten out the painful situation in which Mrs. Dodge and Mr. Morse now find themselves, Mr. Dodge will not begin divorce proceedings and free the woman who ‘was ostensibly his wife. Mrs. Dodge cannot begin proceedings on the old charges of infidelity, as the statute of limitations interposes. he has no other evidence on which to base a case, and so she and ‘Mr. Morse are absolutely helpless. IN A CURIOUS PREDICAMENT, a In this dilemma what course they will take is not xnown. Their legal /adivisers have refused to say anything, Mr. Morse could not be found in the ity to-day and Mrs. Dodge {s {rtrenched in her apartments at Lakewood ‘and will see no one. Never was a couple in such a fix. Mr. Morse, whose manipulations made him known as the ice King, is ‘worth some $20,000,000. After he married Mrs. Lodge he bestowed a for- tyus of about $6,000,000 on her. They Uved luxuriously, were very happy together and wanted for nothing. Then Dodge, who had remained quiet all these years, suddenly appeared ‘on the scene, had the divorce his wife had obtained set aside, forced his ‘wife into a position where she had to have her marriage to Morse annulled, nd then went South again in the hope of restoring Lis health, which is maid to be badly shattered, Dodge will not live with his wife again and Mrs. Dodge will not take ‘up her old position with her husband under any circumstances. She and Mr. Morse are as much in love with one another as they ever were and only want each other. But Dodge stands in the way, and {f it 1s revenge that he is seeking for some real or fancied wrong, surely no man ever gtood in such a position of vantage before. He, and he alone, can snap the tie and make two people happy, but he says he will not, and as long as hoe maintains this stand the sufferings of this couple must go on. MILLIONS CANNOT AID THEM. Their millions will not buy them the freedom that they want. Dodge fs the key tothe whole situation. Nothing but a divorce action by him, or fois death, will bring happiness to his wife and Charles W. Morse. At Mr. Morse’s home, No. 835 Fifth avenue, a servant said this morn- dng that Mr. Morse had not been there for three days, Meanwhile the controversy over the illegal means by which the Dodge divorce was obtained goes on. William A. Sweetser, the attorney who ob- the divorce, declared again to-day that he personally served Mr. with the summons and complaint in the sult at the Everett House, in this city, but the courts have declared that he did not, and, so far as the freedom of Mrs. Dodge is concerned that point is definitely settled. DODGE SPOKE TRUTHFULLY. Mr. Dodge has, through his lawyer, stated that the whole divorce pro- ceedings were carried on without his knowledge, and tho referee who heard ‘the testimony and the Court have both decided that he spoke truthfully, 80, unless come belated appeal is made, that judgment must stand. Ex-Justice Ernest Hall, the referee in the proceedings brought by Mr. ‘ Dodge for the setting aside of the divorce obtained by his wife, said to-day: “It is true that Mr. Sweetser swore before me that he had served Mr. Dodge with the summons and complaint in the action. The evidence, how- ever, was strong that Mr. Dodge had never been served by anybody. I re- garded the story of the service, uncorroborated as it was, as absolutely ridic- ‘lous, and 80 reported to the court.” > From the astounding revelations in the case have arisen loud protests against the present methods of seorecy in the courts in connection with eases of marital disagreement. The fact thet divorces may be obtained without the knowledge of the + defendant, as shown in the case of Mrs. Dodge-Morse, has created much _ perturbation among the leading lawyers of the city, and the attention of the Bar Association will undoubtedly be called to the matter, ‘PUBLIC IS ENTITLED TO KNOW. “The Evening World will do well to give a thorough ventilation of the question of secrecy in divorce cases,” said Lewis L. Delafield, one of the leading attorneys of the city and one of the most prominent members of ‘the Bar Association, “and I gladly give my views. do not think that all tostimony in divorce cases should be made requiremens: LAWYER DELAFIELD’S PLAN TO PREVENT DIVORCE FRAUD, I think that the divorce evils would be obviated by the following First—By a statute or rule to the effect that no judgment in divorce should be made when the jurisdiction of the person of the defendant hinges upon a voluntary appearance by attorney unless the attorney shall produce written authority; or, appe#rance by attorney in a case perhaps better, by providing that an where there has been no personal service shall be a nullity unless accompanied by proof of the attorney's authority, and, Second—By providing that an order of reference shall be a nullity unless such order, together with the pleadings, shall be filed within twenty-four hours after the signing of the order, and by so amending General Ruio 76 that all of the papers in a divorce case (except the min- utes of the testimony) shall be open to inspection. It is true that the complaint may contain false charges and that the publication of such charges may inflict great suffering upon innocent persons, But the same thing may be said of other classes of litigation, and, balancing the evils, I think that it is wiser to run the risk of occa- slonal hardship than to suffer the evils attendant upon the present prac- tice. Moreover, the decision will named as co-respondent, and the always clear a person improperly co-respondent’s reputation is now guarded by a provision which enables him or her to virtually become a party to the sult and thus to secure a fair trial of the charge made in the pleading. ofan. 2 AKL public, but I certainly believe that the public fs entitled to know all about the complaint, the defendant's answer, the appointment of referees and the decisions of the courts. “If practising attorneys of this city have been guilty of fraud in the securing of divorces in the past, it should certainly be arranged so that it will be impossible in future. And the est punishment.” guilty ones should receive the sever- Rigid investigation into many divorces that have been granted on referees’ reports in the past few years, since-the policy of secrecy was in- stituted in the courts, will undoubtedly follow the exposures in the Dodge- Morse case. It may follow that a general overturning of social conditions in the city and in other parts of the country as well will be a natural sequence, Hmilton Odell, who perhaps almost any other lawyer in the city, an Evening World reporter to-day: has had as many references as in speaking on the question said to “There are, of course, two sides to the question of publicity. It {s not good that the general public should be allowed to know all the details in divorce cases. Those of morbid and prurient minds should not be allowed to browse at will among pernicious detalls as recounted by divorce case witnesses, “If charges are preferred against any one in the Bar Association on account of the Morse case, it will not be known until officially reported by the Grievance Committee. If such a report is made and auy one's guilt established, it is certain that punishment will follow speedily.” If charges are made to the Bar Association against William A, Sweet- ser, Mrs. Dodge’s attorney in the suit, they will be passed upon by the Grievance Committee. It is composed of Howard Townsend, Chairman: Hammond Odell, Allen W. Evarts and Julius J. Frank. None of them will yet speak as*to the probable outcome of their deliberations. So strong is the feeling of Supreme Court Justice Leonard A. Giegerich in the matter of publicity in divorce cases, he declared to-day, that he never had and never would permit the sealing of papers in cases that were before him. “My position in the matter {s well, known,” he said. “TI believe that {t 18 better for the public morals, things considered, that any one should be able to learn all about divorce cases than to try to hide any fact. “In cases before me I have been asked to keep all the papers froin be- | ‘coming in any way public and I have always refused. They sauuld be as ready of access as the papers in any other civil suit. Positiuu nor wealth should not count.” PERJURY CHARGE FOR BROKER WARD Dr. Druyere, of Newark, Who Has a $20,800 Judgment Against Him, Says He Swore Falsely at Recent Trial. ‘T. EF, Ward, who failed several years ago as a Consolidated Exchange stock broker, was arraigned in the Centre Street Court to-day on a charge of per- jury, the complainant being Dr, W. R. Druyere, of Newark, Dr, Druyere was awarded a judgment against Ward last month for $2,00, which tie doctor asserted he had given Ward to invest and that Werd had “bucketed"’ the orders, Through his attorneys yesterday he obtained a warrant against Ward, charging him with perjury in testifying at the trial last month that he was a member of the Consolidated Exchange during 18% and 1897, while the records showed that he was pended on Ji 90, 1996, and sold his seat at the ex- piration of his suspension. Court OMicer Cullen arrested Ward last night at his home at One Hundred and Fourteenth street and Riverside Drive and took him to Magistrate Muyo's home, where President Walker, of the Colonial Bank, provided $1,000 bail for his appearance before Magis- trate Breen to-day. Attor Franklin Bien, for Ward, sald to-day: “This ts clearly an effort on the part of Dr. Druyere to force the payment of the Judgment he received last month and to discourage Ward in appealing to the higher courts, We shall provi Mr. id not commit perury, HERE'S THE RECORD OF THE BAD SHEAS Mother, Just Sent Up for Six & Months; Son, “Paddy the] ¢ Sneak,” in Sing Sing for Mur-| Set. obec der; Two Daughters in Jail. Mra. Abble Shea, mother of “Paddy Shea, the Sneak,” the slayer of Billy McMahon, whom he shot in front of No. 9 Hamilton street last summer, was ar- raigned before Magistrate Cornell in the Essex Market Court with disorderly conduct. The Magistrate held the woman in $800 bail for six months, The Shea woman was arrested last night by Detective Magee, of the Madi- son street station, on a warrant issued Lt Magistrate Cornell on the complaint of Mrs, Tdlllan Burney, of No. 18 Hamil- ton street. Mra. Burney was the only eye-witness to the shooting of McMahon and Upon her. testimony Shea was sent N to Sing Sing for twenty years. In court Soraayemre, jurney said that since the trial Mrs, Bhea has annoyed her ponenuaily: ‘When they met on the street, Mrs, Burney Mrs. Shea would it in her face call her vile names and threaten to injure her, Detective Magee told the M that numerous complaints ha: made at the station house agal erving Bix and Annie, n Mrs. Kate Shea, a daughter, monthe for grand larcen: alias Nigger’ Thomp' daught is also in Prison. SS SRTEDEesennEnEEe” a MAKES SCHOOL APPOINTM ENTS. | 2 Louls F. Haffen, President of the Bronx, announced four reappointments to Local School Boards to-day. They Twenty-third District, STOCK STRONG N A GOOD DEMAND Factors All Bullish in the Mar- ket, and Rising Prices Were Upheld by a Good Bank Everything conspired stock market strong to-day. news indicated that there was chance of immodiate hostilities in the Far East and this was taken as @ bull In Continental centres and in Lon- don the feeling was much better anu an @ result London sent over higher The advance in prices was not as slow in committing them- too heavily over Saturday, view of the unsettled conditions in the Che surprise was really that stocks held as well as they did. Mexican roads were strong aad showed shurp improvement. The best stocks were Pennaylvania Louls Gouthwestern Gould-Hooketeller issues. Strength in Pennsylvania was due to the knowledge in certain quarter~ that the war between the Goulds and the Pennsylvania people had ended. Thi+ caused Westinghovse to advance in the face of the news of the fire that tied up all its services Amalgamated Co) Batiste demand which is uarters. The Steel jasues showed strength and the common sold as high as 10 ferred gold at 57. Westinghouse and General Were among the mttsngest. spectalitics. M naoUse pene) at 165 and closed while General Dilpatric opened at eee vary etrong reported from all -8, wile the pre “Ali the specials were very strong and ntlal advances, Grangers were vigorous and ac- tive and Southern Pacific sold up to 49 on the excellent outlook and the Union Pacific and Atchison were also strong and advanced. Tl ares were well sup- parted and advanced with the Rocke- lowest and closing net changes from yester- ing Bricen or from last record- we pareny 8 highest, nd POPS P RS eniise: ESBS SERS: Sess perch eerie +++ tH+++1 | Bassesas = oe Pers. F = & BAeVo Ne: - eerie by & RRR et Poe Sus DH EH tt ete ttt te tl ett a peau sana: fet te FFF oe FECEPEE 3B on ea ee attest ree as esscrt 83) ers = 5 BES! PSE! Fe PRPS 29 me 8 eres 5 we . charged | Kano Fe ARE FS RTE SSaa Pas acee: BESS 3 ey Re Pe FEPEEEPER F care BRSYLERSSLSLAE SSS: Feee fF PSE FE 2 Genrseausy’ 233 o> AS tt ZZRES 35 S2235 in, another 8 8I STAR RRS Ey [tttttettetttet t+ teeteel t+ [4+ 2 = "1 deposits ises easier money next weeks rt pte war talk out of the way the general n'is that there will be a. sharp rally in the stock market. ‘The statement follows: hoane Veposits . ieanation: oh Cagal tentei 11 opinions pointed to a better | Anscte bank statement than for some time, and, jas a result, stocks advanced stead |The bank statement proved even better than expected and indicated a period of Eleven Grivern and employed by the John H. Starin Trans- n Company, at the foot of Cort- landt street, went on a strike to-day, auating thelr {hey held a” meeting then Informed the company the chey weve paid regifarly | porat! dence to-da Because of this the Starin Com: experienced some difficulty In han {ts freight. The strikers say that {mes they are pald on ometimes on eral times pa: for alx weeks. —— LONDON STOCKS” IMPROVE. More Favorable News Helps Trad- ing and Americans Show Galus, LONDON, Jan, 9.—There was a more cheerful tone on the Stock Meehan due to the belief that before w! tween Japan and Russia Burs would be were steady and vanced 11-2 per cent, closed York parity. Raltimore & Ohi: Chesapeake fooling was distinctly bullish at can & Nasl eixtean ‘Central Mexican National United Unit is ‘Tennessee Copper hr COTTON MARKET. ‘The market opened strong to-day with prices 10 to 12 points higher. due to. better cables from Liverpool than and a strong demand for s he South. Ag a rule the offerings pric mbaut a 10 point level above Sesterda r ola Feather advices were delayed ow- e Western Union at o 13808 Fepr t Maren, uw sn to, nag RES apo! it Bore ‘te tails f sale ituation in th Were Stay, Corn “SBR re ES ree 3 ttl ttt ited iy “Yotal' sales ‘of stocks ‘368,100 paral snd Sevlite BANK STATEMENT GOOD. Better Than Expected and Promise Easier Money. A good bank statement wi to-day azid expectations were surpassed. ‘The surplus reserves Increased $6,145,100 and cash increased $10,000,000, There wi an increase in loans and in di posits and again thi was much larger than the in any cutting down by 12, the excess of lon oy fesotled ELON s STARIN DRIVERS ON STRIKE. two stablemen Thelr pay was no a month and that se has been skipped apanese tesues ad- e The closing prices follow, BRE RerEE FORCE FE I+ + ca a2 SB RIS ESSASS ABE: BS PPPS E SessSetsses: ai fston’ Pacifi sly ta Pacitle BRAVE REE OF tlHett t1+ + General List Steady, Shows Slight Lo the curb were quiet but steady to-ddy, with, Seaboard Air Line oft atrifie, The bid and asked prices of the ee. Outside utocks wore: . WHEAT: MARKET, Wheat opened lower to-day on the peace news and lower cables. ‘There was ling pressure after the open- further selling Houses, bux 1p the rain LORS LDS dug, 82 Ich to Bs eke icy 471-4 to 471-8; July, 466-8 WAR AT AN END Been Called Off. It {8 stated on good authority that within ten days there will be an an- nouncement of a settlement of the Gould-Cassatt w: Peace has been arranged end. the great battle which nas done so much to disturb the stock market and to cause a decline tn security values equal to more than $2,000,000,000 will take tts place in the pages of the country’s financial histor: A man close to the Rockefellers and also a great friend to Mr. Cassatt made the statement to-day that the terms of the settlement would be announced This explains the strength of the Pennsylvania and stocks during the Inst few 4 stocks have heen bought freely by men In close touch with the two interests and the gradual advance in their prices which has been a mys- tery during the last week Is now ex- Plained. Just what the terms of settlement are cannot be definitely stated, but ft is believed Chat the terms include the admission of the Wabash Railroad into New York. The Western Unton wires will be re- placed on the Pennsylvania right-of- way. although the offices of the West ern Union which were on the property of the railroad will remain where they have been removed to Wabash to Reach New York. Just tiow the Wabash will be ad- mitted to New York ts vet a mystery, but it {s almost certain that this Is part of the terms of settlement. Mr. Gould has forced his way into Pittsburg and despite all efforts of Pennsylvania and other roads, has entered Raltimore. Thin gives him Atlantic ports. He haw a Gulf port and will get into San Fran- cisco over the Harriman roads. This ends one of the most momentous battles In the history of the financial world. It cost thousands of inves all over the country half of their foi tunes, The fight which began when George Gould forced his way Into Pitts- burg with the Wabash Ratlroad was carried into the stock market and with the Rockefellers behind him It took this powerful combination but a short tine 0 force prices down to a point where hundreds of speculators were forced to % | Sell thelr stocks, as they could not pro- duce ndditional’ margins, This move ment once started went on by its own momentum. Every share of stock thrown upon the market was sold at a sacrifice, and each snare ladded to the welent that gradually broke hundreds of men und forced some of the richest men in the country to sell rently valuable stocks at a great sac- tifice. Beginning of the War, After the Wabash had entered Pitts- tt, forgetting the time In when John D. Rockefeller forced him fo return to this country from Europe and for terms, notified the ‘Western Union, In which Mr. Rocke- Her is heavily interested, that the Sets ‘lvania would not renew its con- tract for telegraph services. He ordered that the poles of the tele- company he removed. When this scar was not complied with, men with and ropen cut shem down, 9 that in ru few days 1,000 poles and 15,000 ; Conflict Which Demoralized the Finanelal World and Cost the Public Millions of Dollars Has|™ Tae 2a ) e semi -o! of peace hare beer ertenms ‘deen sevet ‘by Wall street Ke the Pennsylvania offices formation could be obtained as t‘lement. All such news, it was would have to come from Philad At the offices of Mr. Gould it was that Mr. Gould was out and that was no one who could answer questions about the matter, All to see Mr. Rockefeller falled sa operates the story had been heard wan evidently bélleved. pActinc: LAs DEVANNEY SEES M’ADOO. | Former Police Captain Applies feat Reinetatement. Former Police Captain Devanney, off the Hamilton Avenue Station, who dismissed from the department spring on a charge of frregularity in hie! station-house books. called on Commis poner McAdoo at Police Headquarterss cane and asked for assignme Tie said he had received word that th Court of Appeals had ordered his reine statement to the department. Conarale sloner McAdoo informed him that had not heard of the cour: and vould not place him at ron unt the Police Departm, ‘offict ally notified by the Court of Ropaate ——— KILLED IN ELEVATOR SHAFT, Mike Daly, a washer, of No, 149 West One Hundredth street, fell down elevator shaft to-day in the De Wit Allen Company's automobile repositot No. 250 West Eightieth street, and wi in tly Killed. His neck wa. broken He Jeaves a wife and a two-year-ol child There is no specific for consumption. The nearest approach to a cure is right living and Scott's Emulsion. No matter what the treat- ment may be Scott’s Emul- sion will prove a yeueke addition, It has often turne the scale of health the right way. Because Scott's Emul- sion contains the pure cod: liver oil it furnishes heat and fat. The hypophosphites | provide tissue-food, blood- food and marrow-food. The / combination of the two repre: sents a wonderful form of nourishment and one that can be readily taken and reg tained at any stage of the dis- ease. Scott's Emulsion gives | best results when used most ! regularly. Made a part of the consuniptive’s regular diet it will invariably afford relie Occasional use of Scott's Emulsion is a test unfair to the Emulsion and the patient/ sample free uy emfoy Pearl street, 3 Ye JAMES MeGREERY & GO. Opening Exhibition and Sale of Shirtwaists, \ %, Beginning on Monf@ay, January rith, Shirtwaists fer the Spring Ssason are ma‘e of Canvas, Mull, Laces, Damask, Embroideries, Butcher and fine Linens, Mousseline Satin, Ranelagh Pongee, Rajah Pongee, Fiannel d’Ete, Crepe, Peau de Cygne, and novelty Pompadour silks. These materials in varied designs showing the latest long shoulder outlines, and quaint sleeves, are singularly attractive; they in- clude heavy tailormade fabrics, or very sheer and elaborate mode s. In compliance with a growing demand, adequate provision has been made in this stock for patrons contemplating ‘o.ithern travel, Twenty-third Street. _ The second Sunday in January usually marks the beginning of the “ Want Season” —a season wh ill of the little affairs of business life awaken after the holiday period. People commence looking ahe io ‘ale expansion of oe Trade and Industry. Awe SO serulating as aud World Want