New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-10
NAY SEEK INDICTMENT.
WOULD CHARGE PERJURY.
Sreetser Declares He SerUed Sum
mons on Dodge Personally.

sweetser's startling declaration on Friday that
the Dodge divorce proceedings had been regular
u every respect, anc thar he had personally
served the summons on M Dodge. became. u
possible, worse COMPOUNDED yesterday. when
counteCcharges, determinations. mutually an
tasonistic statements and dark innuendoes were
banded back and forth. the climax being
reached b. Mr.. S7veetsers hint Of perjury pro-
oeedngs TO be brought against one Of the prin-
cpals IN the MoTse-DOdge cases. and the
promise OF and startling evidence that
would demonstrate concl1sively that both par
ties had been imposed on.
n statement 10 Tribune reporter Mr.
sUeetser reiterated that he personally served
the suuuonses on z. c. Dodge adding that evil
dence which had come into his possession within
the last twenty-four hours justified his state
rent beyond dispute, ard that Indictment pro-
ceedlngs would soon be brought against q GER
tain person on a charge cf perjury Ex-Judge
Ernest Hall on the other hand. declared with
equal positiveness that Mr.. Sweetser had never
served the papers on Ny Dodge saying that
he had The evidence Of no less than six wit
nesses TO prove his contention.
So FAR as the firm u FlIrsrlar Little &,
schwarzkopf. attorneys FOR Mrs Dodge is con
cerned, il is understood that Z Afr Sweetser
satisfies the firm OF the service OF the papers
proceedings will be forthwith instituted looking
10 the nullifcation Of the decree setting aside
the original divorce.
A further element IN the case was introduced
by intimate friend OF Mr.. Dodge who de-
cared 70 the reporter that Mr.. Dodge was suf-
fering from Bright's disease and was e very sick
MAI.
n the original suit Mr.. Sweetser appeared for
Mrs. Dodge. and Mortimer A Ruger, now dead.
for Dodge Dodge, in his suit for annulrnent
OF the divorce through Abe" Humnel de-
clared he had never hired Ruger, and that he
vas never served with a summons in the suit
brought against him BY his wife Ex-Judge
Hall, appointed referee by Justice Clarke. also
reported that summons had never been served
OF Dodge and that Dodge had never retained
Ruger 70 defend him in the suit; that the suit
was brought and decided against Dodge without
his knowledge. The divorce decree was. there
fore aunulled. Thereupon Mrs. Morse began e
suit for divorce from Mr.. Morse the ground
that she had q husband living at the tine she
married him This suit, supported by the annul-
nent Of the former divorce, was granted by JUS
tice Blschor
Said ex-Judge Hall yesterday:
In support OF ny finding that NJ. sweetser never
served the papers on Mr.. Dodge, have the testl-
rrorv o. six witnesses and such additional evidence
b6 makes @ adhFF t x eo6uee to tax
I may make this evidence public
Ex-Judge Hall admitted that MI. Sweetser
had himself served the papers some other
In support Of his report that Dodge had never
retained Ruger 10 defend him, eI-Judge Hall
said:
Mr.. sweetser one time with Mr.. Ruger IN
The Cooperation Counse!s once a9d af'erTaTo
deTstaa nd that NJ sweetser asked M Ruger to
act as attorney Tor Nj Dodge that T. letter vas va;
the letter never answered During the tnVesti-
Sc a 1s u re e s0 Mr. o. or D %+ 46r SsF
il any shape or form The whole investga-
circumspection, and am convinced beyond any
doubt that NJ sweetser never served the papers
On Ir- Dodge
In a statement made later IN the evening Mr..
sweetser after denying that he had ever asked
Ruger 10 act FOR Dodge, said:
c249oRs shst hays asvs Besv wta s- the c5 sst
s- 20 = - - a. T.sy 80 borsva-
completely 70 Justify my observation OF having
Everett House When ! make my disclosures !
thnk eK-Judge Hall viii De the first man 10 admit
The esysIoRneatz in Lhs case mus. have bee, been
was very fond OF Mrs Morss
NJ. Sweetser said he was willing abide by
any statements he had made the preced-
ing day He said he under the impression
that Mr.. Dodge was IN embarrassed financial
circumstances Il think" he said, that indict-
rnent proceedings against some one for perjury
VIII be begun soon ! might have been mistaken
in serving the papers Mr.. Dodge. but I
into this case, but have always had good rep
utation. and must vindicate myself I think II
VIII be found that both parties have been i'm
posed on"
Il is said good authority that the condi-
lions 10 which MI Sweetser refers are an affl-
oav1t and several pagers which he declares
have come into his possession by chance since
Friday. and which prove his service OF the pa
pers beyond any doubt
Il IS known that MI Sweetser had an APP
pointment with Mr.. SchWarzkopt al the lsrter's
Office al ?. m yesterday. but that the two
lawyers did not meet until after o'clock
i IS said that at the meeting MI SWeetssr
failed 10 produce either the promised dis
stood that Mr. Schwarrzkoprs Arm VIII take
seton OF the matter until ex-Justice FNlrsnan,
VINO was himself sent for last night, returns 70
the city. He has all along represented his firm
IN the case lie II expected here this after
noon.
Discussing the apparent flaw in the code which
Permitted The granting OF divorce without the
knowledge OF one of the parties concerned. Lewis
l. Dels-1eId said he thought such evils would be
opvisted BY the following requirements:
FfFst-By a statute or rule 20 the effect that no
judgment in divorce should be made when the
jurisdiction OF The person OF the Defendant hinges
.Soo voluntary appearance by attorney unless
NE attorney shall produce written authority:
perhaps better by providing that q appearance by
attorney n z where there has been 10 per
sohal service shall De nullity unless accompanied
y PROOF O he attorneys authority
seSonc-Ey providing that an order or reference
sha4 Dc nudity unless such order. together with
hours after the signing OF the order. and by so
sn1eadng General Rule IS that all Of the papers IN
c!yorce case except the minutes OF the testimony
sian DC ODen 70 inspection
" Is true" he said that the complaint may
contain false charges and thar the publication
OF such charges may infict great suffering upon