The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-02
CABAL AGAINST CHILD WIFE.
GAYNOR SAYS LAWYER WORKED
AGAINST CLIENT.
He Discretits witnesses Who SwOre Against
Her In Her Suit for Divorce and Re
fuses to Approve the Finding Of tho
Referee, Lawyer David verplanck.

hef IN RASr Stht LOT DsOrCc anu Asc.
fuses to Approve the Finding Of tho
Referee, Lawyer David yerplanck.
In refusing to approve the findings OF
Lawyer David verplanck as referee in the
divorce suit OF Lulu E. Moseman, an in
FAINT, by her guardian, against Merritt
W. Moseman, Supreme Court Justice
Gaynor critcises severely the conduct Of
the plaintiffs lawyer, A. j. Adams. The
court intimates that Adams had plainly
acted in the interest Of the defendant
The decision says:
THE motion to confirm the report is
denied with costs and disbursements and
the order Of referel ce is vacated. 1t is
pected to pass as truthful or credible
tn evidence given before the referee in this
case by the defendants witnesses.
There was no appearance OF counsel
for the plaintiff when Lawyer j. M. Knowles,
for the defendant, presented the referees
report to Justice Gaynor for confirmation
on Thursday. The Justice asked who
appeared in opposition, when Mrs. Nose
mans mother said tremblingly
Judge, / wish you would read all the
evidence yourself and not depend on the
referee"
The woman's manner impressed the Jus
tice. who told he would do no.
The report finds the wife guilty Of adultery
and her husband innocent OF that otferce.
She alleged his guilt in her complaint.
She is only 10 years old, was married two
years ago and lived with the defendant
only few months before bringing this
action, accusing him of unlawful intimacy
with his cousin, Abbie Covert. Five men
testified before the referee that they had
knowledge oil the wife's inGdelity. They
are Harry Bassett, Ernest Bassett. Phil
ander Moseman, Elmer > Moseman and
olson W. heeler Philander Mosem9 N
is the father OF the defendant and of him
the Justice says:
He tells a brutal and Incredible story
He could not have seen on dark night
in dark place, namely under a crap
vine, what he says he saw on the night
OF the 18Th of September at his home
in the town of Somers, Westchester county.
N. Y. At best he could only say that he
saw the plaintiff and the other person
there Moreover, he never revealed the
matter TO his son until after this action
was begun, a most unlikely course If he
really saw her with the unknown tramp
and was lso told by him of other oc, a
sions when he was with her. as he says
But it seems to be safely proved that at
that time the pl1intif was n long distance
away; namely visiting her aunt on farm
near Amsterdam. Fulton county, N. Y.
She wrote home to her mother from that
place on Sept. IL. saving she arrived the
day before and again on Sept. 10 saying
she woNh le1ve for home on Sept. 10.
"These letters are not presented to me
Al. . l.,t ~.@e
to me questioning them in any wRv.
therefore discrelit the copies and the testi-
monv rel" ting to them.
OF the testimony Of Elmer s. Moseman,
n cousin of the defendant, Justice Gaynor
declares it false and scandalous story
of her conduct toward him and refuses to
believe that she told him of her adultery
evidently made up and the same is the case
with the testimony of Edison Keller. the
Justice says.
In view Of the non-appearance Of the
plaintiffs lawyer when the application to
approve the referees report was made and
because Of his absences from number Of
the sessions before the referee the Justice
saws:
Ills intention. evidently. was to suffer
a default l find he was several times
absent from SESSIONS before the referee
when the gravest testimony was introduced
against this infant plaintiff, and though
I find in the bundle Of papers a brief for
the defendant on this motion, and another
before the referee, no brief is now submitted
by the plaintiffs attorney, nor do"s any
appear 10 have been submitted by him
TO the referee sent for him to appear
before me. but he has not done So He
is plainly acting in the interest Of the other
side After a careful reading of all the
evidence consecutively am atisfed that
the plaintiff has been wrorged. If these
witnesses want to testify again let them
come int o court and be seen publicly"
The defendant ia n son Of a WELT o-do
r,.,xa,. IF So-,arS Waat oh est mr. cs,urty