The Providence news. (Providence [R.I.]) 1891-1906, 1897-05-13
ThOmpsOn'S Wife, Children
and Building Gone.
He Lost His Suit for Damages
for Alienation Also.
Unique Case That Is Said to Have
no Parallel in This Country.

Nyack, N. ", May l3-william Il.
Thompson, the Nsyack poet-editor, Is "A
loser. First he lost his sweetheart then
he lost his wife on account of the verse
laden letters he wrote the sweetheart, he
lost his children because his wife refused
20 lot him sec them, after that he lost
possession OF the building in which he
had his newspaper plant in Nyack. and
now he has lost the suit which he
brought against George III. Blauvelt
claiming $50, 900 for the alienation of his
wife's affections He has his muse left,
and II be loses that he will indeed be in "a
sorry plight.
The suit against Blauvelt was dismissed
by Judge Hirschberg yesterday when the
plaintiffs side rested, and Attorney
Iruax, for the defendant was given an
opportunity Co renew his motion TO dis
miss. The decision of tho judge was not
surprise 20 the attorneys for the prose-
cution, but IL was clearly disappoint-
ment To the natives of the county, who
the large majority Of them, are in sym
pathy with Thompson
\ No Parallel Case.
To lawyers the dismissal of the case
was of more than ordinary interest, be-
cause the case is unique, standing abso-
lutely alone In law. Judge Hirschberg
decision establishes precedent which. IL
10 survives review by the Appellate
Court, will be the accepted rule in such
cases There Is no record anywhere of a
suit for damages being brought by the
unsuccessful defendant in divorce suit
against another man for the alienation of
his wifes affections. In this case tho other
man married the divorced woman shortly
after the law freed her.
The prosecution took up nearly all of
the morning In presenting its witnesses.
who all testified as 20 the various times
Mrs. Thompson and Mr. Blauvelt were
together at parties and at the Thompson
house. These witnesses were Mrs. Lena
Mitchell Mrs. Mary Hutton, Mrs. Mary
Moore, Harry l.. Thompson, brother Of
the plaintiff. and New York fruit dealer
Miss Brickell, a school teacher; Mrs. w.
IA. Thompson, mother OF the plaintiff;
Mrs. Harry l.. Thompson, and Mrs.
Agnes Hester. Few of them were cross
examined.
When the prosecution rested Attorney
Truax renewed his melton to dismiss on
the ground that the plaintiff had failed TO
prove cause OF action or that the defend
ant had enticed his wife away.
Judge 1ompkins contended that there
was sufficient cause for action; that the
divorce did not debar the suit; that
the husbands offenses had been condoned
by the wife, who lived happily with him
afterward until Blauvelt appeared on the
scene and won the woman over to him.
Dismissed on Principle.
In deciding the motion Judge Hirsch-
berg said he would concede everything the
attorney for the plaintiff claimed without
his deductions Then he pointed out the
unique character of the case, and said
that if the plaintiff could show precedent
and cite authorities, by which IL
would appear that there was cause of
action, he would hear the defence and re-
huttal and send the case 20 the jury.
Judge Tompkins admitted that ne had
been unable to find n parallel case any
where. Ihereupon Judge Hirschberg dis
missed tho case on three grounds, as
follows:
First. divorce secured by the wife
made the defendant husband legally dead
10 her and acted as a bar TO the recovery
of damages
Scoond-That the plaintiff sustained no
damages at the hands oflthe defendant, as
by his misconduct he had forfeited all
rights Co the comfort and society OF his
wife.
1hird--As contrary to public policy
that "a husband guilty of violating his
claim damages against the man who has
married his wife, who became divorced
from him because ~ his own acts.
Judge HirscAberg explained that he
would have dismissed the case on the
third ground alone, without reference to
the others.
Neither of the principals was in court
when tho case was dismissed Mr..
Thompson, at the village hotel took his
defeat calmly and said he did not know
whit his next step would be- Mr.. Blau-
Welt was. of course, Jubilant and so was
Mrs. Blauvelt, who waited III the hotel
parlor for the result.