The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-10
SUP EaE C8uRT-GeNtRAt TERM.
The Matrimonial Infelicttics OF Pauline
Lucca.


Before Judges Davis, Daniels and Donohue.
A somewhat painful prominence has within the
past lew months been given 20 the domestic life Of
the prima donna, Pauline Lucca. Having reached
this Court, where her case was yesterday the sub.
Ject OF a protracted argument, 1t has probably
about reached the end OF its legal tether. The
facts OF the case admit OF very brief sum-
marizing. Nine. Lucca, es she Is popularity
known, was married on November rs, 1865,
In Berlin, to Baron Adopt Won Rhode. One
daughter is the fruit OF the marriage. In August,
1872 sue came to tins country, bringing her daugh.
ter with her. Within a lew months alter her ar
rival she instituted proceedings here for divorce,
and on the I'd of June last Judge Fancher granted
her decree OF divorce, the stlpuatons in the
decree being that she should retain custody OF her
thai ner divorced husband could not marry again
until alter her DEATH TWO days alter obtaining
the divorce she was married to Emil Won Wall
horen. OF the proceedings Tor divorce Baron Won
Rhode, who was still living IN Berlin, claimed TO
an. me- SAY ne aci n ba
side, application was made to set aside
the decree and this Judge ,Fancher refused
TO do. An appeal was accordingly taken to the
General Term Il ON the order made on this appllca-
ton, and IL was upon this appeal, as also cross
appeal taken by plaintiff, tHat yesterdays argument
took place. Her story 49, that after April 1870, they
lived separate by mutual consent step which she
alleges In her affidavit she was obliged to take by
reason OF his adulterIes aud ex ravaganr habits in
constantly taking and spending her money IN
gambling and riotous living. he declares, on the
~
until Emu Won walhonen, after being wounded
at the battle OF st. Privat, on August Is, 1870, be-
ca an inmate Of their house. he says he was
wounded himself in the same battle, put too
dangerously to he taken home till some time after
wards when he found there to his utter surprise,
Won Walhonen. lie denies, IN substance, all the
allegations against him. and charges all the trOu-
bic to the rival Tor his wiies affections The only
witness besides Nine. Lucca in the divorce pro-
ceedlngs was Conrad Kessler. He testIfes TO the
Baron's Illicit intimacy with an actress at one or
the Berlin theatres, 20 their frequent riding and
driving public, To Lis sending her bouquets and
on one occasion Christmas tree costing 50 tnaers.
He winos up his testimony by characterizing
the Bar on as man Of very disspated habits as
the Berlin clubs and as making no secret OF his
connection with the actress referred to. The ar
gunent was Of peculiar technical character, and,
Ike all sucA arguments, peculiarly duil ana nnin-
teresting. These techIicaties had reference
mainly TO Irregularities IN procedure, but IL was
Insisted on her side that there were none VI them
jurlsdlctional and did not furnish any ground for
point also urged IN Nine. Luccas behalf was That
under the code If a Judgment OF divorce against
NONRESIDENT be regularly obtained there Is no
power 10 open 1t as matter OF favor. On the
other han1 1t was insisted that the court
below should have vacated the judgment, because
never OBTAINED jurisdiction over the defendant,
because tue order oil reference was premRturely
70 vacate the Judgment, because here WAS no evt-
dence Whatever produced to the Court on which 1t
could nave been lawIully revic we'd Mr.. 8. p. Nash
made tie argument Tor Mme Lucca 1--WE still adj
here to her prolesslona naine) and ex- Governor
Solomon on behalf OF Baron Won Rhode. Al the
conclusion oil the argument the Court took the
papers, reserving It's decision,