New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-02
MORSE WINS A POINT.
CASE GOES TO REFEREE.
Banker Dra1CR on Grand jury Be
fore Which He VIII Testify.

The application Of Charles w Morse to in
tervene in the Dodge divorce case was granted
yesterday by Justice Truax IN the Supreme Court.
1t is expected now that Mr.. Morse will get back
his wife. who married to him after she
obtained n divorce from Charles F. Dodge Jus
tice TrUaX's decision is a step in that direction.
but referee will have to take the testimony
and make a report before the Dodge divorce
can be retnstated. Justice Truax said in his
opinion:
I Of the opinion that under Section i52 Of the
Code Of Civil Procedure Mr.. Morse has a right to
make this motion. This motion is granted. and IL
is referred TO William G. Davies 70 take proof and
ssr9 IN III Git SI,s 1oI5 WINS
the city of New-York as set forth in the Judgment
secured in this action; and whether the attorney
who appeaSed for the defendant in this action was
duly authorized by said defendant 20 appear or in
tGrpose defence for him IN this action The re'
According 20 the decision of Justice Truax
the report Of Mr.. Davies as referee will have to
deal mainly with the question OF the legal ser
vice Of papers on Dodge at the time the divorce
suit brought The proof OF such service
rests mainly on two letters. alleged to have
been written by Dodge to the late Mortimer A.
Kruger. who acted as his attorney in the divorce
| suit. The genuineness of the letters will have
TO be proved before the referee. The letters are
IN the possession Of the District Attorney
for perjury. His alleged perjury consisted IN
swearing that he never had been served with
the papers. although the recently discovered
letters acknowledge such service Dodge would
be an important witness in the proceedings.
but he is in Texas. fighting extradftion TO this
city.
District Attorney Jerome said yesterday that
/ he would look favorably upon an offer by Dodge
to waive extradition come back to the city and
be a witness before the grand jury in the in
vestigation Of the divorce case. 7 should be
glad" he said IF Dodge would come back and
turn States evidence in this case. Such action
by him would not be unusual under promise
of immunity from punishment His testimony
would go far to clear up the mystery in the
case"
Il don't expect that Mr. Dodge will do any
thing Of the kind said Assistant District At
torney Rand. commenting MIR. Je-ome's state
ment. Dodge is fighting all efforts to bring
him back. and we have no information that he
wants to come back or that he-intends to re-
turn voluntarily under any circumstances"
1t believed at the District Attorneys Of
fee yesterday that Mr.. Morse was in Lakewood.
- ., consulting Mrs. Dodge. who was his wife
for a few years after she obtained her divorce
and then became Mrs. Dodge again when the
divorce was annulled. Mr.. Morse had received
permission to go to Lakewood. although he IS
under subpoena 70 appear as a witness before
the March grand jury IN the investigation Of
the Dodge divorce case. The District Attorney
has been anxious to get Mrs. Dodge before the
grand jury. but she has stayed beyond the
reach Of his subpoena servers. Mr.. Rand said
yesterday that she was safe from the service
OF a subpoena IN New-Jersey.
An amusing development n The case yester-
day was the drawing Of Mr.. Morse as a mem
Der OF the March grand jury. The names OF the
Jury were drawn IN the County Clerks Office
before Justice Mclean Mr.. Morse's name was
on one OF the slips that came out OF the wheel
His place Of business was given on the slip as
No. IL Wall-st- and his home as the Plaza
Hotel District Attorney Jerome said that his
office would not be embarrassed by the tacI
that Mr. Morse had been drawn as a grand
juror.
..1-he law" said Mr.. Jerome. says that
grand Juror must call the attention OF rs as
sociates to any crime Of which he knows ano' II
he sat as a Juror. II would be his duty 10 ald IA
the Investigation of the case III which he Is con-
cerned I assume. however. that Mr. Morse
viii request to be excused. and II IS AAely '1SAN
the court will grant hts request
BENJAMIN Steinhardt Of the law firm OF Howe
& Hurnmel. went before the grand jury yester-
day at his own request He had been called
as a witness before the March grand jury put
he insisted that he did not want 70 wait announcer
day He said later that he had been asked
about the statement he was alleged 10 nave
given 10 several reporters on SATURDAY 70 tLo
effect that his firm had been employed by MI.
Morse 10 fight the extraditiOn or Dodge lie
said he had testified that he never gave such
an interview and he had given the name OF a
witness who was In his Office when the reporters
were there ,-
After Mr. Steinhardt left the grand jury room
a subpoena was served at the office or Howe *
TfumueI calling for certain books and papers
into which investigation IS TO be made 70 ma
ont II any money paid to the firm oy Morse
A subpoena was also served upon a H HuTnmel,
one OF the partners, who is DOdges counsel
recurring him TO appear before the grand jury
to-day He has once before. testified In the case
Detective Sergeant Herlihy. who was sent 10
Texas after Dodge and was relieved by another
detective after he had been reported as al and
acting strangely. returned TO the city yesterday
and made a report to Mr.. Rand He said ne
had gone through some strange adventures IN
Texas but the press reports had greatly mis-
represented his actions. Herl!hy appeared 70
be fairly well and in his right mind when ne
returned to the city. Detective Sergeant Jack
son is waiting in Texas to bring Dodge back
to New-York Il the extraditiOn case Is decided
in favor of the District Attorney.
FORGED TO GET RID OF WIFE.