New-York tribune., 1901-03-03
MRS. WITTH4US CHARGES FRAUD.
FESSOR WAS OBTAINED THROUGH COL
LUSION BETWEEN THE LAWYERS


LUsION BETWEEN THE LAWYERS
The case Of Witthaus agt. Witthaus was again
before the SupreTe Court at White Plains yes
terday. when Nicholas Cohen, of the firm of Howe
& Hummel counsel for Mrs. Bly, c. Witthaus made
a motion before Justice Keogh. holding a special
term of the Supreme Court TO vacate the decree of
divorce which has been granted Mrs Wittha1s
from her husband. Professor Rudolph A. Witthaus
Mrs Witthaus was in court and sat near her
lawyer. She was stylishly attired i'm blue gown
black velvet jacket, and jaunty black hat
The motion was made upon the grounds first
that the decree obtained by colIusion of the
lawyers for the plaintiff and the defendant and
second, on the ground of fraud practised against
the defendant
The Justice-You make a motion tn SET aside
your own divorce?
Counsel-Yes want you to set aside our own
divorce on the ground of fraud practised upon us
by the former counsel in the case and the de
fendant.
In 1883 Mrs Witthaus became afflicted with
serious ailment. and. the counsel stated to the
court. Professor Vitthaus. her husband used his
skill as a chemist To administer poisons her To
deprive her of her reason. In 1896 Professor Witt
haus began an action for divorce, but abandoned
IL In 1891 Mrs Wtthaus began an action for a
separation on the ground of cruel and inhuman
treatment. She won the suit and was allove. ali
mony AT the rate or 5000 year. Al this time the
professor began an action for absolute divorce.
In April 1897. he suit begun \ Mr. WardeII
was then her counsel. and Mrs Witthaus charges
him with fraud in entering into an agreement with
her husbands lawyer
Justice Keogh hereupon asked how the case came
70 White Plains. and whether either Of the parties
lived in Westchester County.
Mr. Cohen answered that it was brought in
White Plains TO escape notorety in New-York and
get quick decision.
The divorce proceedings were before William p
Fiero. White Plains lawyer a. referee. but no
charge made in his report to Justice Gaynor
recommending the granting of the divorce Mrs.
Witthaus.
District Attorney George c. Andrews Of West
chester County said that this the fourth mo-
ton that had been made in the case and that
they We're all about the in tenor. There had
been trouble between Professor and Mrs Witthaus
and both had brought actions for divorce She
brought the action in Westchester County for the
sold and she received her share OF it, She was al
ways bounding the professor for money That was
she wanted She took his life insurance policies
and got them CaShed. II that agreement
between the parties that Justice Gaynor made the
decree. He said that she was living with another
the Waldorf-Astoria at that time; that
they went 10 Florida and then came back 20 this
city
The prescriptions. which she said were poisons
administered TO her by her husband. had been sub
mtted DR.. LoOms for analysis. and he reported
THAI they harmless.
The defendant denied any coHusion, and the
divorce had been granted by Justice Gaynor
the report OF Referee Fiero, both having fun
knowledge OF all the facts in the case.
Justice KeoGh reserved his decision.