The sun., 1896-12-11
NO $4,000 FOR THOMPSONs
THE NT1CK EDIToR's VERDICT
AGAINST BLA UVELT SET ASIDE.

Justiee Smith says That Editor Thompsou'o
Conduct as Husband Did Not Entitio
HIN 10 tho Damages Awarded, n, uu-
deed. He Were Deserving OF Anything.
Tho verdict for $4,000 damages for the
alienation OF the affections of his wife. awarded
by RocKland county jury to Poet and Editor
William r. Thompson of Nyack against his
neighbor, George A. Blauvelt. lawyer and School
Commissioner, has been sot aside by Justice
Wilmot L. Smith. on the motion OF Truax &
Crandall, attorneys for the defendant Justice
Smith says that tho verdict is against the evil
dence, and ho orders new trial.
Mrs. Thompson accusing her husband Of i'm
proper relations with Mrs. Susie f. Wells sued
for divorce. Her husband did not defend the
suit, and she got her decree. Than she married
Blauvelt. In his suit against Bluuvclt, Thomp-
son set up that after his wife had discovered
discriminating evidence against him and ho had
confessed his wrongdolng, his wife had for
given him and cordoned his offence.
Justice Smith says It is a matter of grave
doubt whether Thompson mas any right of
action at all in the matter, owing to the deoreo
OF divorce against hiui.
If lie hud no defence to that action" the
Justice says. he certainly cannot maintain
this action. and II he consented to waive u good
defence and voluntarily permitted the decree OF
separation 1t would seem that the same result
must follow. Assuming, however, that he can
nation. 1t Is clear to me that the evidence Ia
overwh wheming that there never was condona-
tion. lie says his wife found letter from his
paramour in his pocket which contained an nd
mission of criminal relations. anu ut the time of
the revelation she forgave him. The wife says
she found the letter, but that IT contained 10
criminal admissions, aud that her husband ns-
sured her that his relations with the writer had
not been criminal. and that 1T was mere pass
ing fancy or flirtRtion."
Justice Smith considers the wife's statement
the more credible. and says that thi, view is
confirmed by n letter Thompson wrote to his
mother-in law at that time. In which he says:
None knows how | suffer; but | suppose l
must bear it. as deserve it; but IL has been
severe lesson which shall profit by. Love to
yourself. love to my little boys and Marjorie.
love-shall ] say e?-to Cora. Yes for | do
love her, and more deeply thun ! thought. |
woud To God that could redeem myself in her
eyes and affection. know shall never again
misplace it,"
This" says Justice Wilmot. "is not the lam
guaCe of mal whose offence had been con-
doned. 1t is the despnirng cry of a man whose
guilt has Just found him out"
Upon the subject OF the amount OF the verdict.
Justice Smith says:
Tho verdict was for $4,000. II, for the
sake OF argument. 1t be admitted that any YER
dict for plaintiff was justlilable. verdict for
this amount WAS not iustihAble. The character
OF the plaintiff and his affection and regard for
almost incredible disclosures revealed in his
letters to his pararnour, do not enttle him. II
entitled to anything. to the damages which
should be awarded 10 man who values the Nt-
fcctions OF his wife as they should be valued by
q true. loyal, and honorable man from whom
they had been alennted BY the wrongful and
wicked conduct OF another"