National Republican., 1883-06-11


ting the divorce aside, dismissing the libel,
and imposing the payment of all the costs on
the husband In the course of long opinion
the Judge, after referring to Mrs Niokerso ms
departure with her little daughter for Wei
mar, Germany, in June, 1880, to take up
temporary residence with relatives there,
said
That she went with the full approval and con.
currence of her husband is abundanty proved by
the evidence He purchased the tickets for her
10 New York, and, after remaining over night
with her at st. Dennis hotel took her with her
daughter on board the ship on the following day,
nor aud as the vessel cast loose from her mooTngs
threw her bouquet Of flowers nom the wharf
was broad for her support, and up TO May 1882
wrote to her frequently most aflectionate letters.
Thirty.one of such Letters, in his own hand
writing have been put in evidepce.
Alter he ceased to write, in May, 1882, tho wife
wrote TO him for an explanation Of his silence, but
received no answer. Finally, on April "a 1888. she
received telegram from her mother, at San Fran
cisco, conveying the brief but startling message,
"Forcely divorced married;, preserve letters.
She did preserve the letters and they are sufficient
alone TO convict the libeant Of the griovous
wrongs poTpotrated upon his wife, and the scan.
dalOus and outrageous frauds practiced by him in
this case alike upon his wife and the court of
Justice in which his false and fraudulent proceed
ing was carried on
which was necessary for tho commencement of his
proceedings, he came TO Philadelphia In February,
1882, and hired rooms at lodging house on Cherry
street. He retained the rooms fourteen months,
but he was never in them moro than one night in
month. lie was never there in the day time.
but came from Washington, where he lived, and
spent thirteen nights In the room in fourteen
months.
Having engaged the room in February, 1889, he
his wife for divorce from the bonds of matri-
mony, In which lie swore that he was citizen Of
this commonwealth, aud resided at g0g Cherry
Philadelphia in July 1880; that his wife, Emma O.
NlGkerson IN violation of her marringe VOW had
mnliCiOuSly deserted him on July q, lSSO without
any Just or reasonable cause, and had persisted In
That dcsorlion ever since.
On,May ~, 1882, he wrote hor n letter, but said
not n word about the libel or about any proceed
ings for n divorce. The whole proceedings, so far
as the husband was concerned, We're from begin
ming to end false and fraudulent The charge
against his wife was wholly false, the pretended
domicile of the libelant was false, and the testi
mony that his wife had left him without his con.
sent was false. II was fraud upon his wifo,
upon the court and / doubt not upon the re-
speetablc counsel who represented him. The
hbelnnt has not attempted To deny or cN.
plain tho overwhelming evidence of the fraud
or lalSehood By which the whole proceeding was
begun , or carried on; 5, There meyer WIS any
wife was concerned, she was innocent of the
pretended charge brought against her, aud in nb-
solute Ignorance of tho whole proceeding until ill.,
formed by her mothers telegram that the wong.
tul ana oppressive purpose which IL was intended
to accomplish had been oonsummated. great
wrong has thus been pCrpetrated under the forms
OF law which the court must make haste to redress
without delay.
1t is a reproach to Justice and to the state of
Pennsylvania that her laws upon such a subject
should bo in condition which renders the com
mission ofsueh flagrant fraud possible. As for
the least doubt. Tho decree obtained by
the libollant by fraud and imposi-
for fraud always vitiates and voids even the most
solemn judgments and DEGREES and now, on June
q 1883, IL is ordered, adJudged, and dccreed that
the ORDER heretofore made in this case on March
81, 1882 making absolute the rule for divorce be
rescinded that tho decree Of divorce entered In
this case be and the Same is absolutely annulled,
vacated, aud set aside for fraud In procuring the
same; that the libel filed in this case DO dismissed
and that all costs be paid by the libellant.
Maj. Nickorson, who was in New York city
nearly all last week left for Baltimore after
Judge Thayor had blasted all his hopes of re-
tanning his position in the army by an abso.
lutte refusal to permit the law to be diverted
from its usual course. Ho is thought to be
still there. The basis of the agreement was
that Mai. Nickerson should assent to having
the decree opened, which would be tanta-
mount to restoring the defrauded woman to
her dignity as a faithful wife, and would
leave the final disposition of tho case to the
court. By this means IL was hoped the open
scandal attendant upon the absolute annul-
ling of tho divorce could be arrested, and the
necessity of summary measures by Maj. Nick
erson's superiors in the army avoided. Mrs.
Nickersons counsel agreed to this PROPOSE
tion, as it was vindication of the honor of
their client, and decree was drawn up.
Judge Thayer, however, declined to permit
spOnsibility in connection with the case to
ap put upon the court. The court, he said,
had been grossly imposed upon. Wide pub
licity had been given to the scandal and the
law should take its course. No further effort
was made by Eickerson's counsel, and the de-
cision of yesterday followed.
that oh uhnu
whereabouts for a day or two have been n
mystery, had done himself bodily harm.
Leonard K. Fletcher, however, when spoken
TO about the matter, said: "The major is all
right yet. For particular reasons l could not,
as his counsel say where he is now. But |
receive kilograms every day in relation to his
whereabouts. i don't think he is moro than
forty miles from Washington" The attorney Is
particular reasons for keeping the majors
whereabouts a secret were based upon the be-
lief that u court martial would quickly fol-
low the judicial Decree and that if his clients
address We're generally known the major
might be run down with unwclcomo visitors.
r. e q gpFCIAT aycursion In Turav Wad-