New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-10
DODGE DIVORCE UPHELD.
HORSE CAN NOW GET WIFE
1sl,s Court to Vacate Decree 1nRuI-
ling MQTriage-Rcfcree's Report.

The probable reinstatement or the divorce
which Mrs. Clemence Dodge obtained from her
husband. Charles F. Dodge. in 1S9S is indicated
hy the report which William .. Davies. the ref
cree i'm the suit Of Charles w. Morse. filed yes
terday afternoon IN the County Clerks Office.
The report contains the following:
I'm letter OF May . 1897. addressed to the
attorney who appeared for him in the action.
Mortimer a Ruger. tho defendant, Charles +.
Dodge. distinctly states that he was served by
Mr S"eetscr with the summons whicn he in
closed, and his recollection then was naturally
clearer and fresher than 4 was when h, testi-
fed before cX-JudEe Hall more than six years
later; and in the same letter he distinctly
uucsted Mr.. RuEer To appear for him in the
action for divorce his attorney. These let
ters appear 70 me to be absolutely convincing.
90 not attach importance TO the reluctance
OF Mrs. Dodge To identify the handwriting in
letters which were so importar- to her. nor do
] attach much weight TO the alleged suggestion
uf these letters by Mr.. SWcetser. the attorney
for the plaintiff His expressed desire 10 COM
ply with the rules of the court and avoid the
publicity or a public trial seems to me n pIalsI-
BILE and reasonable explanation of his action
Taking this view Of the case. it Is unnecessary
Tor me To express any op'uio: upon the other
points raised I'm the testimony.
therefore repo-'. as dndiuE5 Of fact. CD tha.
the summon IN this action was personally
served ON the defendant within the city Of
NeW-Nork as set forth IN the Judgment record
iu This action. ana C2l tina. the attorney who
| appeared for the defendaus in this action was
| duly authorized hy the saif defendant so 10
I
fsudant herein.
Acting ON the opinion OF Mr.. Davies Samuel
THtermyer. counsel for NIr Morse. made an
I application before Justice Truax 10 ta heard
tomorrow, 20 confirm the referees report TO
vasatc Justice Clarko's order. which set aside
tho decree OF divorce. and TO reinstate the dl-
voren. Mr. Tutermyer said he thought the re-
port ot the referee WAS "a complete viudication
Of Mir Morse. II the report ~ the referee is
confirmed Jy Justice Truax. rs Mr. Untermyer
expects 81 viii be- the divorce Of Mrs. Dodge
from Charles +. Dodge viii he iu force gain.
Immediate application viii be made for an
order 90 vacate the decree anuulling the mar
rage or Mrs Dodge TO Mr.. Morse. and n tina.
IS granted Mrs Dodge will again - the wife Of
Mr. Morse. without the necessity Of another
marriage ceremony. The decree annullinE the
marriage Of Mrs. Dodge TO Mr.. Morse has no.
actually taken effect. In fact. and would not
take effect until early next month.
The court in restoring his wife to Mr.. Morse.
in the face OF testimony before the referee that
the divorce she obtained from her first husband
was collusive. establishes a new rule In divorce
cases. That is that the rights OF an innocent
third party must be protected. even II It is nee
essary to confirm a divorce which was obtained
by fraud Mr. Untermye- admitted that the
Dodge divorce was colusive from beginning to
end but he argued that Mr.. Morse had part
in that divorce. not having met either Dodge o.
his wife ut the time the divorce was obtained.
Nr AIorse's marriage to Mrs. Dodge, Mr.. Inter
myer cOrte1ded. having been made In iSnoranc9
of any flaw IN the Dodge divorce. gave to him
the right 20 intervene X the divorce at
tackled. Mr.. Untermyer says that Mr.. Morse
never has seen Dodge.
Justice Truax's action in permitting Mr. Morse
to intervene and in sending the to ref
cree without direction to investigate the ChaTga
that the divorce was COllusive is taken by law
yers interested in the case 70 mean that de-
Cislon reinstatuE the divorce would put end
70 the criminal investigation except so far it
may relate 20 the perjury Of Dodge. Assistant
District Attorney Rand. who has been directing
the criminal investigation. said yesterday that
Mr. Morse probably would not be wanted as q
witness before the grand jury. but il is believed
he Will he kept under subpoena TO insure his
presence when wanted as q witness against
Dodge Mr. Morse has expressed desire to go
10 Europe for rest, but the subpoena will pre-
vent him from going away.
District Attorney Jerome. on his return from
Albany last night, was Informed Of the report
Of Mr. Davies. and was asked what effect It
would have on the criminal investigation Of the
divorce tangle. He declined to make any state
ment
auce committee of the Bar Association would
investigate the action OF one more OF the
Ia ,vvers who were retained in the Dodge case
and that a request for disbarment might be tho
result A member Of the committee declined
Yesterday to give information the subject
F,x-Justice Fursman was asked last night at
his home I'm Troy, y. Y. about the future course
OF Mrs Dodge. He said he had not cOmmuni-
Gated with his client and knew nothing of her
intentions.
Ex-Judge Ernest Hall said last night that he
was not surprised at the report Of Mr.. Davies.
With the new evidence I'm the case. sufficient for
there could not well he another decision in tha
case MY decision" he added. was based on
the evidence before me. As the evidence then
stood could not have made any other decision