The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-30
A DOUBLE DIVORCE.
Two DEGREES that Judge Westbrsek Au-
nuiied-Why IL was Done.

ALBANY, June "a new phase in d.
vorce suits has Just been brought to public no
tice here, by an order Of Judge W estbrook set
ting aside the DEGREES In the two cases OF Jerry
ID. Badgely against Julia Badeely and Julia
against Jerry. The two DEGREES were obtained
about the same time iu different judicial dis
tricts, and the facts reaching Judge westbrook,
he ordered an inquiry as to whether there was
collusIon and fraud In the procurement, and
appointed John NJ. Bailey, District Attorney Of
this county, counsel for the people to investi-
gate, aud he ascertained that In September.
1884. Jerry ID. Blodgett, a commercial traveller
OF Albany, was married to Julia Gardiner. tho
young and dashing daughter of wealthy
farmer OF Schoharle county. The match was
supposed to be an excellent one. BadRely had
but little money, and ON bis marriage wes start
law
Ii 100 nr. Badgely Instituted suit in the Su-
preme In Gloversyille for divorce from
Mrs. Badgeiy on grounds OF adultery, and at the
same time began an action against an editor OF
Schoharie county. In the fdll Of the same year
both OF these suits were suddenly discontinued,
the reasons therefor not being made public.
Onithe 2sth Of November. few days subse-
quent to this sudden cessation OF the suits, two
SUI sSIts hor divorce we're eesun, one Dy Jerry ana
counties respectively. The complaints were sub
mitted to referees, who. took evidence In Scho-
harie and Albany counties. The reference in her
case commenced on Dec. and ended Dec 2j
and decree OF absolute divorce was granted
DtC. - DJ JuuRe OsboIn AT iNl~hlll. dlIDWlDk
her to resume her maiden name and re-marry
In his case the reference began Dec. y and was
ended Dec. p, decree Of absolute divorce be-
ing granted ty Judge Iandon at Schenectady on
Dec. 20. No rebutting testimony was put in In
either case, or any appearance made for the de-
fendant. Thus both husband and wife held de-
crees Of absolute divorce from tue other, by the
terms Of which both were entitled to marry
again.
Justice westbrook upon presentment Of the
case before the court yesterday made an order
annulling e7ch decree. and both actions were
consolidated to be tried before a referee. Under
the decision Of Judge Westbrook, the referee
hearing the suit will have to determine which
allegations are true, and II both should prove TO
be true no divorce for either party can be
granted Mrs. Dadgey has been living on her
mothers farm In close retirement since the re-
opening Of the suit, and Jerry Is at work 10 New
York.
The inference to be gathered from the facts
elected Ia that the wife compromised the Grim
con. suit by consenting to a divorce on condition
that he would consent to one on her part al the
same time. They stand now, under Judge
WestbrOok's decision, IN the position OF persons
remarked. The law under which the case Is
called up Is laid down In Bishop on Marriage
and Divorce, In which the ground Is very ably
taken that the morals Of community require
the people to appear as a third party, to protect
the community FROM scandal in such sui.s.