New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-24
MORSE AGAIN REFUSES
GOFF CONSIDERS CASE.
.Szceetser Mistook Man Who Looked
Like Dodge for Latter.

Morse before Recorder Con yesterday HI'eF
Morse had been before the grand jury second
time and had again declined to answer the ques-
tons II was about an hour before noon when
the grand Jury appeared before the Recorder
Mr. Morse was present, accompanied by Samuel
U-nterrnyer. as counsel while Assistant District
Attorney Rand was prepared to represent the
grand jury in a request to be instructed as 10
NIorse's rights in the case. When the Recorder
inquired II John Beattie foreman OF the jury
had any additional statement to make Mr. Beat
tie replied that the District Attorney had been
asked to make the statement
What is your feeling toward the witnessF"
the Recorder asked.
Most kindly" replied Mr.. Beattie; but he
has taken up the time of the grand jury and will
not permit US to proceed with our business. He
refuses to answer certain questions"
Il am here 20 state the case Of the grand
fury" Mr.. Rand said. II hand your honor
transcript Of the proceedings on Friday last
when the witness refused TO answer certain
questions"
Gentlemen" said the Recorder. you may re-
tire to your room for the present that you may
take up the business of the county"
MR. RAND EXPLAINS THE CASE.
Mt Rand first recited some Of the history in
the Dodge-AIorse case. telling how Mrs. Dodge
obtained divorce from Dodge and later mar
ried Morse; how the divorce was annulled re-
Gently on the suit Of Dodge. who swore that he
never had been served with papers in the divorce
case. and how Mrs. Dodge-Morse. being left IN
the unfortunate position OF being the wife Of
two men. sued to have her marriage TO Morse
anrulled. After referring briefly 10 the indict-
ment Of Dodge on the charge Of perjury and 10
the fact that Dodge had been a fugitive. MI.
Rand continued:
The records Of the Supreme Court were before
I
dicated or caused that body suspect thar Dodge
was furthering interests other than his own. For
/ that reason they wanted new hight on the subject
perjury or IL there had been criminal conspiracy
moned TO give what Information he had about the
case lie al once claimed the coIstt utonal PriEl-
privilege claimed was in good faith-that Il was
not claimed as a shield 10 cover the acts OF other
/ persons. This Information they want to know be-
/ fore compelling him TO answer
II IS a well known rule IN law that where II IS
apparent there Is no connection between the ques-
witness declines to answer IN bad faith 70 shield
l some other person, the grand jury has tho right
4 answer l submit that the question plainly shows
| that he IS in contempt OF court; that they were
self. but to shield some others
Mr.. Rand then picked up a copy OF tho testi-
mony before the grand Jury. and started 10 read
some OF the questions and the answers. to show
/ that the refusal TO answer these questions was
frivolous. Recorder Gon stopped him. saying:
Il think I apprehend tho situation" Then.
addressing Morse he said:
I direct the witness 10 appear here on Thurs
day morning. and Will then give such instruc-
/ lions 10 the grand jury in his presence as the
] case warrants
MI Unternyer, who had remained Silent dur
ing the proceedings started 10 address the court.
I when the Recorder interrupted him and said:
Mr.. Untermyer am sorry 20 say that ind
no law which viii permit your appearance IN
this matter"
''WiH not your honor permit the defendant 70
I file with the court Memorandum stating his
authorities for his attitude in this natter"
Yes
Mr. Unternyer then went 20 Mr.. Rand and
/ asked him for a copy OF the minutes taken be-
/ fore the grand jury on Friday. Mr.. Rand re-
/ fused 10 give It 70 him. and Mr. Cntermyer made
a motion 20 the court 10 direct that II be given
/ to him The motion was dcaied but Mr.. Inter
myer succeeded IN stating 10 the court that It
would be fair 20 the defendant that he have
the benefit OF counsel as 20 whether or not he
/ had legally declined 10 answer questions put 10
him before the grand jury. He stated that the
witness had the right TO counsel. and that It
was his legal right under some conditions TO
refuse to answer questions.
UNTERMYER NOT ALLOWED TO APPEAR
Recorder GoT again interrupted Mr. Inter
/ myer. saying that the defendant did not have
! the legal right TO be represented in court IN
this matter, because the proceeding was one
/ legally before the grand jury. only removed from
the grand jury room. He pointed out that the
/ witness could not be represented before the
/ grand Jury by counsel and that the proceeding
in open court did not give him any more prlvi-
/ leges. Addressing Mr.. Untermyer. tho Recorder
said:
When on Thursday morning I instruct the
! witness and the grand Jury, l VIII also deter
/ mine what your status IS I'm this matter"
Mr.. Rand said that he had not called Charles
/ A HeTpick, referred to recently a. DodEe3
dummy" a witness before the grand jury.
When William A. Sweetser, Mrs. Dodges first
] counsel I'm the divorce proceedings. was called
as witness before the referee in Dodges suit 10
have the divorce set aside he testified that he
had personally served the papers in the original
/ divorce case upon Dodge the Everett House
! in this city Herpick. who resembles Dodge In
/ appearance. had accompanied a. II. Humme
/ Dodge's counsel, to the hearing and was mis-
! taken by Swcetser for Dodge. After SweetseI
! had testified that the man beside Mr.. Humme
( was the same man he had served the papers on
/ Herpick went into the witness chair and said hC
/ was not Dodge and never had seen Sweetser be-
I fore. At a later hearing Dodge went on the
/ stand and swore that he never lad been served
/ with papers by Sweetser. Il was the trick OF
| having Sweetser mistake Herpick for Dodge
I which turned the scale and caused the referee
10 recommend the setting aside Of the divorce
There has been n report that complaint
against Mr.. Hummel TO n committee Of the
Bar Association would be made on account OF
the trick to discTedit the testimony Of a brother
lawyer. Mr. Sweetser. but other lawyers inter
ested in the case said yesterday that il was
legal trick for which there was no penalty Ex-
Judge Fursman, retained by Morse as Mrs
Dodge-Morse's counsel, said yesterday that he
had advised HIS client TO make OF the let
tiers recently produced by Mr.. Sweetser as let
tiers written by Dodge, admitting the service
OF the divorce papers, to have the divorce re-es-
tablished. Mrs. Dodge. however refused TO lis
ten to such advice. and insisted that a new pro.
ceeding for divorce be begun.