The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-15
.BATHGATE'S DISCOVERIES
Wants His Divorce Case Re-
opened on New EVi-
dence.

William r. Wilson applied to Vice
Chancellor Emery this morning for a re-
hearing in the celebrated Barthgate case.
Some time ago James Barthgate sued his
wife Grace Barthgate for divorce, naming
Leland Atwood, a rosy checked youth, as
correspondent. All the parties lived in
Hackensack and from the fact that some
of the leading people in that pleasant
suburb were mixed up in the case it cre<
ated considerable attention. The court
decided against Mr.. Barthgate and awards
ed the custody of their child, Pauline, to
the mother
In opening the case Mr.. Wilson read a
petition by Mr.. Barthgate praying for a
rehearing and stating the grounds upon
which he based his application. He said
that since the hearing he had discovered
considerable new evidence which tended
to establish his wife's guilt. He had dis
covered that during the time he charges
she was intimate with Atwood she went
to New York and submitted to an opera
tion, that she and Atwood frequently met
in house outside of Hackensack and
that his wife would place light in her
window as a signal to Atwood that she
was home and ready to see him. Mr.
Barthgate also declared that his two sis-
ters called on Mrs. Barthgate and asked
her, in order to avoid scandal, to give up
Atwood and live again with her hus-
band Mrs. Barthgate refused, saying
that she loved Atwood and not her hus-
band, and when a woman did not love
her husband she had a right to go with
another man.
All the facts in the case, Mr.. Bathgate
said, had not been properly submitted 70
the Court by his counsel, but if they had
been the Chancellor would have decided
differently. Atwood had nude picture OF
himself taken which Mrs. Bathgate re-
tanned in her possession. The petition
charged that she also had similar pho
tograph of herself taken. Since the trial
of the case Mrs Bathgate has furnished
Atwood with money and purchased
clothes for him. The allegations in the
petition were sworn to in an affidavit
by Bathgate.
Mr.. Wilson read another affidavit by
Grace H Bathgate, sister of the COM
plainant, in which she says that, in COM
pany with another sister, she called on
Mrs Bathgate and requested her. in or
der to avoid scandal, to give up At
wood. Mrs. Bathgate replied that she
would not; that she loved Lee. Her hus-
band could take his child, his furniture
and everything else that he had and go
where he pleased. She did not love him
and when a woman did not love her hus-
band she had right to go with another
man.
Mrs. Jessie Mckenzie, another sister
who accompanied Miss Bathgate on this
visit made similar affidavit
Laura Brown, a colored servant, for
merly employed by the Bathgates, said, in
another affidavit, that she often saw At
wood come to the house, where he was
received by Mrs. Bathgate in her sewing
room.
Avis Carter, who at one time was en-
ployed by the Barthgates and whose
character was assailed fiercely on the
trial of the case, said in an affidavit that
she was much surprised at the testimony
against all of which was false.
She submitted certificates from two ply
sicians which showed that the testimony
of DR.. Adams concerning Miss Carriers
character could not be true. She said that
Mrs. Barthgate was in closer relations
with Atwood than with her husband.
Mrs. Atwood, she said, had admitted to
her that she had submitted to an opera
tion and swore to acts and doings of a
scandalous nature on the part of Mrs.
Barthgate.
In opposition Mr.. Hart, counsel for Mrs
Barthgstte, read affidavits of herself and
Atwood denying every charge in the affi-
davits read by Mr.. Wilson.
Mrs. Barthgate denied she was ever
photographed in the altogether, and At
wood showed photograph of his back
showing his muscular development He
said that was the only picture of him in
anything approaching the nude. 1t was
taken he was sixteen years old and he
never gave copy to Mrs. Barthgate. He
did, however. give one to Barthgate,
whom he knew long before he did Mrs.
Barthgate.
The Vice Chancellor reserved his decis
ion.