New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-16
HUN lei KEEPS No BOOKS.
P4RTNERS TONGUE-TTED.
Flatly Refuse to Testify-Ras'd
Outlines Alleged Conspiracy.

The charge of conspiracy in the Dodge Morse
case on which A H. Hummel is on trial in the
Criminal Branch of the Supreme Court was
planned in detail to the jury yesterd@y by As
sistant District Attorney Rand in the opening
speech FIR the prosecution.
In his long speech Mr.. Rand recounted every
step of the alleged conspiracy, if he believed
implicitly the confessions that had been made
to him by Charles F. Dodge, the first husband
of Mrs Charles W. Morse. and by Captain
James p. Morse. Mr.. Morse's uncle Mr.. Rand
declared that he had full faith in the innocence
OF Mr.. and Mrs. Morse and showed that he re-
garded the action Of Captain Morse in the case
as having resulted from good but misguided
motives.
Mr.. Rand told Of the marriage Of Dodge in
1887, the separation of Dodge ard his wife IN
1897 the divorce obtained by Mrs. Dodge in
1898 when Dodge was living In Atlanta, and her
subsequent marriage to Charles W. Morse in
1901.
Then, the prosecutor said, Captain Morse be-
Iieving that Charles w. Morse was neglectlng
lis children by dead wife on account OF MS
second marriage. came to this city from Bos-
ton two years ago and asked Mr. hummer
sdvice about having Mr.. Morse's marriage with
a divorced woman annulled. MI hummer uli
dartoolx the lob Mr. Rand said. receiving Slo,ooo
& a personal Zee from CdptdIA
with the aid OF Edward Bracken. detective
Mt. Rand said, Dodge was induced to come to
this city and sign false af7davits in a suit fof
setting aside the divorce which ne had helped
his wife to Obtain in 1898. swearing that he
never had been served with papers in the case
by William A. Sweetser. his wife's counsel.
Dodge then went back to Atlanta,
On September 10, 1908 Mr.. Hummel sent a
letter to Mr. Morse, telling him in effect that he
was liable to suit for damages for alternating
the affections of Dodgos wife and that the d.
vorce Mrs Dodge had obtained was fraudulent
Mr. Morse, ignorant of his uncle's action in the
case, and believing that blackmail was being
attempted, consented to have suit TO annul the
divorce defended without notoriety
Dodge was brought to the city again to sign
another false affidavit, and the suit was begun
and sent before referee. In the hearing Dodge
was not present, but was represented by
dummy" who looked like him, and MI sweet
ser fell into the trap and recognized the ou1n-
nv" as Dodge on whom he had served papers
The result was that Mr.. Hunlmel won ire SUIT
and the divorce was set aside. Mrs Morse then,
being in law the wife of two men. obliged
10 have her marriage with Mr.. Morse annuiled.
TT was q plot to upset honorable mar
rage" said Mr. Rand, and altogether Dodge
received some $4,000 or $1,000"
The conspiracy might not have been dfscoV-
cred Mr. Rand said, but for MI Sweetser, who
had been accused of perjury in the SUIT MI
Sweetser, seeking means TO vindicate hlTlseI'
found among the papers Of a dead lawyer VINO
had been Dodge's counsel in the divorce sui
letters from Dodge acknowledging service Of
papers The result was that Dodge was in
dicted for perjury. Dodge was then in New
Orleans He fed to Texas accompanied by
Mr. 4fenberg. of Mr.. Hummels law firm and
tried 10 get over the border into Mexico.
It took months to get Dodge back to this city
as a prisoner, while Captain Morse was paying
out large sums to have the prisoner defended
and kept in Texas Dodge was encouraged to
intemperance and all kinds of excuses Mr..
Rand said. in the hope that he would die in
Texas. When the wreck of man finally ar
rived in this city, he repudiated Mr.. Hummel
anG made a full confession.
The first witness called for the prosecution
yesterday YVES a. H Kaffenberg one of Mr.
Hummers law partners. who refused to answer
nearly every OF more than two hundred
questions asked on the ground that his answer
might tend 10 degrade and incrimindte him. IL
this way Mr.. Kafenberg declined to tell about
his actions in company with Dodge and Bracken
in Texas, but Mr. Rand got into the minds of
the jury a picture OF the situation, a few of the
questions ana answers running as follows;
o-Was Charles F; Dodge a client of the firm
CT Howe 4 Hunmel? Al decline answer.
Q-Nas your uncle Abraham H Hummel. in
this city September and October 8, 1905? Al
decline TO answer
Odd You ever see your uncle in the company
OF Charles r Dodge? Al decline TO answer on
the ground that it would degrade and incrimlnate
me.
Q-Nere you not for several months in Texas
with Dodge resisting extradition proceedings. ana
Mexico that he could escape? Al decline TO
answer the same grounds.
Did you supply Bracken with money? Al
decline 10 answer -
Q-And under the defendants instructions, did
you not keep Charles +. Dodge in perpetual state
of intoxication? Al decline answer on the
ground that it might tend to degrade and in
crinlinate
Nathaniel Cohen. another of Mr.. Hummels
law partners called in the afternoon as wit
ness for the prosecution. also declined TO answer
many Of Mr. Rand's questions the same
ground but he created apparent surprise by
some testimony about the law firms method of
bookkeeping this part Of his examination run
ming as follows:
o-Does the firm OF Howe & Hummel keep any
hooks OF ACCOUNT A--No. sir
a. hat? / books OF Expenditures? A.-No,
sir The firrl keeps only petty cash books There
ia no book IN which the checks are entered It
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