New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-27
MORSE NOT YET MARRIED.
Court Refuses to Make Mrs. Dodge
Morse His Wife Again.

By Yesterdays denial by Justice Davis OF the
petition made by Charles ". Morse 10 have va
Gated the introductory decree entered by Justice
Clarke in December annUlling the marriage of Mrs.
Dodge-Morse 10 the petitioner further comph-
cation was added TO the already much involved
Dodge-Morse targle.
In denying Mr.. Morse's petition, which was ex-
pected TO reiustate Mrs. Dodge-Morse 10 her fun
legal status Mrs. Morse Justice Davis said.
I satisfied that the plaintiff Mrs. Dodge
Horse is fully represented IN tbs lnouoh. a. S
coiolhs 10 me Palets sgolLll1teti sl'e ,Ta a
country, ana the learned counsel OF WhoIn lLe pa
pcrs served tFursman. Little q Schwartz
L. the vacation CT the irterlocutory Judgment OF
divorce; Nor IS there any PROOF that she mas
knowledge Of the application.
John 7. Little Of ex-Judge Fursmans firm.
seemed surprised when told by Tribune reporter
OF Justice Davis's ruling. Said he:
l understood that Justice Truax ruled that ser
vice NJ FIrsman would be equivalent TO
Mr Fursman. in which he said he advised the
vacating Of the nteriocGtory Judgment Of divorce
81 the best interests Of his client Mrs Morse
j. at present believe over IN Europe. ana IN, me
best thing We can DO viii be 70 ger IN coIliliiI y
ton with her, that another petition may be hied'
Mr.. Little said he had little doubt that Mrs.
Morse Dodge would consent
Samuel Untermyer, when asked as 10 the effect
not understand that he had passed on The merits
Of the application in any sense. All me }uG E
application 70 be given 10 Mrs Morse or that
her oonsen: should be obtained.
a person who has been connected Win the case
from the outset when asked 10 the effect Of the
decision. said
As soon as Nj. Morse advised that the Dodge
decree OF divorce had been improperly secured ne
promptly applied have il reinstated as was MS
duty TO his wife and 10 the court. That apphca-
ton granted after the taking OF TESTIMONY.
although Mrs. Morse not then 81 the country
and The court granting the order knew she had nos
been personally served with the papers The Va
eating OF the judgment which annuNed the mar
riaEe between Mr.. and Mrs. Morse was tnen re-
Earded only a matter Of form, and IS stiu SO re-
garded. Ii is manifestly in the Interest OF Mrs
Morse that this shall be done that her consent was
and is still. regarded fOregone CONCLUSION X
Is merely question OF the time needed 70 com
m'snicaTe with her. There was no opposition 70
the rnoiiUn. on the contrary. Mr.. Fursman who
stated that IL was manifestly TO her interest
10 warrant him in asserting to IL although he had
express instructions. II Is the absence OF these
instructions 10 which Judge Davis objects, ana
Judge FUrsuan viii undoubtedly obtain the
necessary instructions
The motion really made in the. interest OF
Mrs. Morse rather than in that OF Mr.. Morse.
From tie outset Of these proceedings Mr. Morse
has Loyalty ChampiOned his wifes interests and re-
futed the reports indUstriouSly circulated through
the rress # ON certain quarters. His desire from
dent from the continuous efforts he has been max
ing ia that direction. He has spared expense 20
accomplish that result and TO renstate Mrs. Morse
In her position his lawful wife he viii 60 on TO
the end. Mrs. Morse viii now be invited to give
her formal consent 10 vacate the judgment, and
thus remove the last obstacle in the way or a
formal reinstatement OF their relations.