National Republican., 1883-05-23
A WOMAN wRoNGED.
An E1-Army Omcer Charged with Get
ting a Divorce I'm Order That He May
Marry Another Woman.

An Ex-Army Omccr Charged with Get
ting a Divorce In Order That He May
Marry Another Woman.
Philadelphia Times
Application was made in open court in
common pleas No. 4, yesterday, by counsel
for Emma, the divorced wife of Maj. Azor H.
Nickerson, assistant adjudant general
United States army, for rule upon Maj
Nickerson to show cause why the divorce,
which was obtained at his instance, should
not be set aside and alimony allowed. The
application was supported by an affidavit of
the lady charging Maj. Nickerson with fraud
and perjury. The application was granted
and the rule made returnable on Saturday
next. The divorce was obtained in the latter
part of April. The matter has been made
more serious by the fact that three days after
the decree had been awarded he married
again. The act of assembly required resi-
dence of one year in the state to give court
jurisdiction. The ma OF, it is alleged, had
residence in this ciy for fourteen months,
which, it is said, he visited only eleven times
during that period. He was registered as a
voter from the same address, which was in
fashionable locality. Maj Nickerson mar
ried Miss Carter,a Baltimore society woman.
Tho first Mrs. Nickerson is near relative
of the historian Bancroft, of the Pacific coast
She met Maj. Nickerson in California, where
she lived with her mother, about twelve years
ago. The major was on duty there. A mar
riage was entered into with the appreciation
of the relatives of both parties When Maj.
Nickerson was recalled from the west his
wife accompanied him and resided in this
state, which is the majo own, and for a time
in Washington. They had one child, q daugh-
ter Mrs Nickerson and her daughter sailed
in 1880 for Bremen, Germany. Her depart
ure, she said in her affidavit yesterday, was
with the advice and consent of her husband.
The major, she declared, promised that he
would follow her abroad as soon as he could
obtain leave of absence. She waited for him
but he did not come. AS the months went
by she grew fretful and lonely.
She begged him to take her home,
but he would not. At first she attributed
his refusal to pecuniary troubles, and 1t was
long afterwards, she says, that she learned
he did not want her any more. Their cor
respondence was frequent and regular until
year ago. About that time, however, the
letters and remittances that had formerly
been sent to her were directed to her daugh-
ter. She was at loss to account for this
change. She asked for an explanation, but
received none, and he wrote to her no more.
About three weeks ago she received cable
dispatch from her mother informing her that
Maj. Nickerson had obtained divorce from
her and married again. She was Mortified,
she says, and determined to return home at
once and defend her honor. Her allowance,
however, had been so small as to barely per-
NIT her to support herself and child comfort
ably, and she now found herself without
sufficient means to take her and her daughter
| across the ocean. She asked her mother for
aid and received by cable sufficient to meet
her needs.
She arrived in Philadelphia on Friday last.
The next day she consulted a lawyer. She
| learned that the allegation against her in her
husbands libel was desertion. She had
| abandoned her husband it was averred, and
| preferred TO reside in Europe to living with
| him. No personal service, as matter of
course, had been made upon her. and the ad-
vertisements which, as required by law, had
appeared in the newspapers had not como to
her notice. The proceedings, according to
an outrageous custom which prevails in the
| common pleas court, were conducted with the
| greatest secrecy so far as those who had not
received an intimation from the inside were
concerned. The testimony was taken before
Attorney -at-law Henry Phillips Coleman as
examiner. Maj. Nickerson did not personally
| appear. His affidavit was submitted to the
examiner. The depostions of several of his
friends were taken, and set out the fact that
| Mrs. Nickerson was no longer with the major
| When what was regarded as sufficient testi-
mony had been taken tho matter was sub
mitted to Judge Arnold for approval and a
decree. The judge, however, wisely sent it
back. Further testimony was then taken
and decree made few days after that
Mai. Nickerson married again. The allega-
tions made in the libel, the divorced wife de-
| clares, were false.
Mr. Coleman, the examiner, speaking about
the matter yesterday, said: This was the
first divorce case in which l was ever con-
cerned, and l was extremely careful to see
hat he DC nf tha laxfr fol
lowed. A clear and strong case seemed to
have been made out, and this new and seri-
Gus turn surprises me. / cannot see what
the upshot will be-
Silas w. Petit, of the law firm of Read &
Petit, by whom Maj. Nickerson's case was
conducted, said: "Maj. Nickerson had a
strong case. His own testimony was cor
excellent standing, He was recommended
to us by correspondents in Washington, and
we took every precaution to see that no legal
or moral wrong was done. l do not think
that there can be anything in this new pro-
ceeding. / cannot understand how the lady
could not have heard of the proceedings in
divorce. She has plenty of friends here,
and no news travels faster than that about
divorce. The matter ought not to be pre-
Judged for Maj. Nickerson is a reputable and
distinguished military man."
Maj. Nickerson was retired from the army
at his own request aDout year ago, on
account of wounds received during the war.
He resided in Washington for about four
years, from 1873, and was member of fash
ionable clubs there" He went out very much
in society until his wife went to Europe,
when he almost retired from the fashionable
world. The present is the fourth application
to have divorce set aside that has been
made in the common pleas courts within six
weeks.