New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-19
COSTLY REFERENCES IN DIVORCE CASES.
JUDGE FREEDMAN MAKES SOME CAUST1C RI
Marks ABOUT THEN.

JUDGE FREEDMAN MNhLo SOE4I> N'C'''N w.
MARKS ABOUT THEN.
Judge Freedman, IN the Superior Court, yesterday
handed down Two opinions, in which ne says some
caustio things about the practice Of securing coSuS
references In divorce cases. one was thc 81" .,
Eliza NJ. Ke,b against John G. Kelly fol- hni'ea
divorce The plaintiff applied to the court for an oiur
TO compel the defendant to pay alimony 10 her ""'
there being a dispute TO the amount WHICH nc was
ablo 10 pay, the case was sent TO ie4eIee' INC
referee reported tia; Mrs Kelly ought 70 nave n'o
q week alimony and counsel fee oil Sioo' in''
dentally the fees Of the referee ana s'ehosrap"ei
Amounted to S6O7. Kelly refused 20 pay Them ana
tho counsel for Mrs Kelly moved before Judge feeu
man for an order committing Kelly Tor contempt or
not paving them. Judge Freedman yesterday oeh'u
that motion IN opinion. in which he says tha' 'ne
case affords striking illustration OF the sehse'cS'
manner IN which litigation may be cohduc'eu u .''
injury Of botn lgants. Technically, he says. the
paintf has n right to proceed to have her husband
pupisbed for contempt refusing to pay the costs
OF the reference; but making an order to mat eec'
Irdre Freedman SAYS would defeat the object Tor
which the suit was brought, namely, the support OF
the wife.
e saws that although the general rule is TO punish
a parv TO O divorce suit who refuses TO pay snch
hill there may be exceptions to the rule, ard TINS
g. n case for one of them The plaintiff by her
own affidavit had shown that her husband was uhaDe
to pay the sum because she had said that al execution
against tho property Of her husband would not a'a
her in collecting alimOuy, as he had no properly.
Under all the circumstances the Judge says II "0ud
defeat the object OF the suit 20 grant The oiOer ny
throwing the defendant out Of employment ana Pu'
him IN a position where he could not even pay ue
amonv without the fees of the referee and the senos
Iaphcr. ,
The other case was Mary j. Ward against Mai''n
]. Wand for limited divorce reference was Aaa
for the purpose Of determining the amount Of amohy
and counsel fee TO be paid by the defendant Inc
referee reported that alimony at The rate OF Soo
month and counsel fee Of $3.50 should be paid In
This case the fees Of the referee and the stenogaphcr
amounted TO $500 80. The clerk Of the court taNea
these costs Oh the defendant, and Judge Freedman
Yesterday set aside the clerks taxation on the ground
that he was not by law and the order appointing te
refereo auth orzec TO make II. In his opinion !udse
Freedman also says that the conduct Oh auorheNS
which works such extravagant expenditure on mere
motion the object Of which Is simply 10 Provide pro.
ytsIonal support to the wife during the pendeIcy Of
an action which cen and ought 10 be terminated N
few months calls for condemnation on the part OF te
court Trrc he saws, the main fault lies 10 ys'ei
which sanctions such practice, but attorneys shoiod
have regard for tho ultimate interests OF their clients,
and n thew Obvious of their duty In TINS rcspt
n referee Of Sufficient scifrespect should rmlnd them
Of It. , r., .A Az
colonel George II. Hart, who appeared tor the de-
PENDANT in this case. made strong plea il Ms eel
and II was partly Al least through hi, strenuous EFFORTS
that Judge Freedman took this decided s'aiM