New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-05
TO BE MRS. MORSE AGAIN
DIVORCE IS REINSTATED.
Marriage of Banker at Once To Be
Declared Valid.

Justice Truax, in the Supreme Court, yester-
day afternoon gave a decision which reinstates
the divorce that was obtained by Mrs. CIemence
Dodge from her husband. Charles f. Dodge.
in 1898. This decision nearly disentanges one
Of the most mixed matrimonial cases on record.
II is 10 be followed Immediately by the rein
statement Of the marriage Of Mrs Dodge TO
Charles W. Morse, banker ana former head of
the Ice Trust
At the time OF the original Dodge divorce suit.
Dodge made no opposition. but was represented
by counsel in the person OF the late Mortimer
A. RuEer. In the trial Of the suit before Ernest
Hall referee, William A Sweetser. Mrs.
Dodges counsel. testified that he had personally
served the summons Dodge ar the Everett
House in this city. Dodge had been living apart
from his wife and was hotel clerk in Atlanta
Ga. Mrs. Dodge kept a boarding house In West
Forty -fourth-st. in this city. until the time
Of her marriage to Mr. Morse.
Last wear Dodge who had been a conductor
Pullman for n few years. turned up in
this city. and began a suit through a H. Hum
mel 10 have the divorce OF 1895 set aside He
testified on the trial OF the suit that he never
mad been served with the summons by Mr.
Sweetser. and that he never had employed Mr..
Ruger 10 represent him as counsel Mr.. Sweet
ser was tricked at the trial into Identifying an
other Dodge. and Dodge obtained a de-
cree setting aside the old divorce. This left Mrs
Dodge-NTorse the wife Of two men. and she sued
for and obtained an annulment OF her maria ge
to Mr.. Morse.
TIE discovery OF letters which Dodge had
written TO his attorney. Mr. Ruger. admitting
the service Of tho summons led 20 the indict-
ment of Dodge for perjury after he had gone
20 New Orleans. He got word OF the indct-
ment and fed toward Mexico. hut was caught at
Houston. Tex. where he has been fighting for
weeks against extraditon. being supplied mys-
teriously with large sums Of money. Mrs. DodEe
began n suit for divorce through her at-
torney ex-Justice Fursman. Then she went 10
Europe. Mr.. Morse was summoned before the
grand jury in new investigation OF the Dodge
case, but refused to answer questions His
counsel, Samuel Untermyer began a suit to
have the old Dodge divorce renstated on the
evidence Of the Dodge Ruger letters This suit
tried before William g. Davies as referee n
few weeks ago. and Mr. Davies reported favor
ably on the application. and in his decision yes
terday Justice Truax said:
The evidence shows very clearly that the de-
fendant Charles i. Dodge authorized Mortimer
A. Rueer 10 appear for him his attorney in
this action. Motion to set aside the order vacat-
ing and setting aside the judgment herein IS
granted
Mr.. Morse went 10 Europe more than n week
ago and it Is supposed that he rejoined his for
mer wife there. The decree annulling their
marriage would have gone into effect yesterday
if Justice Truax had delayed the decision on the
Dodge divorce longer Mr.. Untermyer said
that as the decision entered on the
record he would move with the consent of Mrs
DOdge's counsel. to have the decree annuling
the Morse marriage vacated. As soon as that
motion is granted. Mrs. Dodge again becomes
Mrs. Morse.
Mr.. Hummel declares that he will carry the
case to the Appellate Division. Yesterday he
said:
AS I have stated from the outset. the entire
matter is which should he decided by the
Appellate Division of our Supreme Court. 1t is
now I'm a position for such appeal. and this
tribunal Of last judicial resort viii have to de-
termine whether the divorce was colusiye
which fact has not yet been decided.
Dodge is said TO have Brights disease and TO
be in danger OF dying before the appeal in the
extradtion is decided. Mr. Morse is un-
der subpoena to return to the city and appear
before the grand Jury in May.