The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-05-30
MAJOR NrOKERsoN,s DIVORCE.
q Court-MartiaI as the Prospective CIinaax
of the Majors Romantic Career.


Azor H. Nickerson, Assistant Adjutant Gen
eral of the United States Army had entered
proceedings TO have the divorce which had
been obtained at the Majors instance set
aside, on grounds of gross fraud and
perjury. created profound stir IN Army
Barr, Judge Advocate United States
Army, arrived here from Washington
yesterday morning, and ordered from Charles
II. White, Clerk of the Common Pleas Court,
No. 4, a certified copy of Major Nickerson's
libel, the testimony in support of it, the de-
cree, and Mrs. Nickerson's affidavit in sup
port of the rule to have the decree vacated.
Colonel Barr said that the COPY will be used
IN Major Nickerson's forthcoming trial by
cOurtmartial at Washington for conduct I'M
becoming gentleman. He could not, how
ever. he said in reply to question from the
reporter, say anything further on the subject
with propriety until after the matter had
been disposed of. Judge Arnold, by whom
the divorce was decreed, has also been COM
munic8ted with by friends of the lady, and
by the War Department at Washington. In
answer to the communications he sent an &C
count of the proceedings which ended in the
decree. with an intimation as to the proper
method OF procedure If fraud was believed to
have been committed.
EIcKERsoN ASKED TO EXPLAIN.
Although the rule on Major Nickerson is
known that an answer will not be ready by
that time, and that an argument will not be
had until Saturday of next week. John w.
Read, OF the law firm of Read Il Petit. coun-
sci for Nickerson, yesterday forwarded copy
of the rule to the Major, at Washington, with
q request for NickeIson's answer to the
charges. Dispositions in support of the rule
will be taken on Monday next They will be
substantially only a repetition of the charges
and statements made in Mrs. Nickerson's af-
fidavit. When Mr.. Read was asked yester-
day what he thought, as a lawyer, Major
NickersOn's answer would be, he sand: II
have not the remotest idea. I did not know
that there was any question as to the truth
fulness OF the Majors statement until read
of the matter the Times. I never knew a
case more clear and strongly made ont than
his seemed to be. HIS own allegation was
supported, as it seemed, by that of other men
OF excellent standing Major Nickerson Is
man OF culture and social consequence. He
has been = soldier and has received wounds
in defense of his country. 1t is difficult to
believe thai man like that could be guilty
OF base and heartless fraud"
THE SERVANTS EVIDENCE.
The only evidence, according to the report
fled in the Court that went diectly to sup
port Major Nickerson's allegation OF ma
iicious desertion' on the part of his wife.
was that of John NJ. Carpenter. his cOlored
body servant. Carpenter testified that in
1880 Mrs. NickersoD who was then living
with her husband in Washington, had said
that she was going away. Nickerson, Car
penter swore, prevailed upon her to remain.
A month afterward the witness declared Mrs
Nickerson again said that she lad made up
her mind to go abroad. "And that time"
the servant averred, ''she went away taking
four trunks and her little daughter. 1t was
In the night time" Mrs. Nickerson how
ever, in her affidavit declares that she went
Irr-sNh gfoJr
sent" for the reason, as stated, that her hus-
band believed that their daughter could be
educated better and at less expense abroad
than in this country. Moreover, she AYERS,
he saw her of, kissed her 'good-by" on the
steamer, and promised to follow her out as
soon as he could obtain leave of absence.
The servant, Carpenter, lived for time at
800 Cherry street, a clearinghouse kept by
Benjamin Herr, where Major Nickerson paid
rent for lodgings for fourteen months-not
an ultra fashionable quarter as alleged by
Nickerson's friends on Monday. 1t was in
evidence that the Major, who was a member
of the most fashionable clubs in Washington,
rented only one room containing two beds
one of which was usually occupied by his
colored servant. Herr testified as to the Ma
jor's residence here.
HOW TESTIMONY Is MADE.
A depression in the narrative may be
made here to illustrate the ease with which
q residence may be established IN this State
when divorce is sought. The experience of
Major Nlckerson thus becomes highly in
teresting. MsiOr Nickerson's alleged city
residence was 900 Cherry street. The house
is narrow, three story brick structure, and
has nothing of the appearance that would
indicate the habitation of a distinguished
Army officer. Its occupant is Benjamin
Herr an aged man, who said yesterday to
reporter; Yes, Major NickersOn lived here
for fourteen months. In that time he slept
here eleven times. Once he was absent 10
Saratoga for three months. He left me
about two mouths ago, and just before he
departed said: Mr.. Herr, you can do me
very great service 4 will do anything l
can to accommodate you 1 replied. Well
ne said, i am suing for a divorce and ]
want you 10 60 before the examiner and
testify as to my residence with you for the
past fourteen months Well, I went with
him to an Office on Walnut street, between
Fourth and Fifth, and in his presence and
IN that OF young lawyer L swore that Nick
erson had lived in my house and paid rent
for fourteen months. The examination did
not go into details The Major never met
his friends at my house. He paid well and
regularly, and, as | said before, rarely used
his room. At first he had the second story
back room, but after the death of my wife
in June last, l gave him the second story
front"
TOO MUCH HEARsAY EVIDENCE.
c. NJ. Hough, counsel for Mrs. Nickerson,
had not the least doubt yesterday that the
divorce would be declared void. "There is
no direct evidence, except by the servant
Carpenter" be said, ION the allegation of
desertion. Two Army officers and Wash
ington lawyer deC4sred that Mrs. Nickerson
was not living WIN her husband, and that
for two years preceding the institution of
proceedings in divorce, Major Nickerson had
been leading a bachelor life. That is only
what any acquaintance of the Majors might
have said and does not 90 to the root of the
matter. Major Nickerson, as the Times has
truly said, did not personally appear before
The examiner in me case. He merely signed
the libel One of the saddest parts of the
case Is of course the connection with it of
the lady whom Nickerson married three days
after he had obtsined his decree Mrs.
Nickerson, who has been in town since Fri
day, said yesterday that she did not desire to
make any further statement. All that she
could cay, she declared, she had already
substantially said under oath.
Major Azor H. Nickerson entered the Army
as Second Lieutenant of the Eighth Ohio
Volunteer, March II, 1861. In January,
1868. he was made Captain. and November
20 of that year be was mustered out OF service
on account Of wounds. Then he went into
the Reserve Corps as a Captain and was
: breyetted Major March Is, 1865. On Febru-