Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-20
Is Offered In Way Of Evi-
dence for HummeI.
Counsel Argues That No Case
Has Been Made Out.
J1y Listens to Arguments and Will Decide
Question Of Guilt Today.

New York, Dec. 19.-The case of
Abraham II. Hummel, the lawyer &C
cused of conspiracy and Information Of
perjury in connection with the Dodge
Morse divorce proceedings will be
given to a jury tomorrow morning.
Hummel who has been on trial for
nearly a week, elected today to put in
no defense his attorneys arguing that
no case has been made out by the
prosecution. When court adjourned
tonight both sides had summed up.
Tomorrow morning at 1920 the charge
to the jury will be made.
John B. Stanchfield and Delaney
Nicoll of counsel for Hummel, each
addressed the jury today in their
clients behalf. Assistant District At
torney Rand spoke for the state. The
defendants attorneys declared that
Charles +. Dodge, one of the states
witnesses and one of the principals Ill
the divorce tangle was a self-admitted
perjurer, and could not be believed
in any of his statements. 1t was as
serted he had become a states witness
to save himself from prison. \ point
was made Of the fact that Mrs. Morse,
who was Mrs. Dodge, was not intro
duced as a witness. Mr.. Nicoll declar-
ing that she knew she had no right
to marry Morse.
Mr. Rand said he took full respon-
sibility for not calling Mrs. Morse,
saying she knew absolutely nothing
about the service of the divorce papers
on her former husband and therefore
was not material witness. Mr.. Rand
said Dodge had not become a perjurer
hn of hpa0
to see him several times and it dawn
ed upon him that game was on foot
by which he might profit. The assis-
tant district attorney made no excus-
es for Dodge further than this. He
declared Dodge's perjury was corrobo-
rated by the action of the two witness
es, Kaafenburg and Cohn, employees of
Hummel, who declined to testify at
the trail on the ground that their evil
dence might incriminate them. He
further asserted that the defendants
counsel throughout the trial had been
endeavoring to lead the judge into an
error of law.
Mr.. Nicoll objected to this state
ment and it was afterwards with
drawn by Mr.. Rand.
New York, Dec. 19-Abraham II.
Hummel, the lawyer who has been on
trial I'm the supreme court on charge
of conspiracy in connection with the
bod Morse divorce litigation today
elected to allow his case to go to the
jury solely on the evidence submitted
by his accusers. The prosecution fin
ished it's case yesterday and when the
trial was resumed today counsel for
Hummel announced that they We're
prepared to rest their case. They did
not desire to offer any evidence in de-
fence.
Hummels counsel contended that the
jury should not believe the testimony
of Charles +. Dodge. Dodge was the
first husband of Mrs. c. w. Morse and
testified yesterday that Hummel gave
him several thousand dollars for per-
juring himself in giving testimony to
prove his original divorce from Mrs.
Morse to be illegal.
''There is but enc point in this case
for the jury to decide" said John Il.
Stanchfleld of Hummcls counsel. "and
that is do they believe that Dodge in
the privacy of a law office told Hummei
that he had been served with the sum
mons in his wife's divorce case. Dodge
has admitted that he is a perjurcr and
l don't think the jury can believe a lial
who becomes witness for the prosccu-
ton 50 as to escape going to prison fol-
perjury"
Delaney Nicoll of Hummel's counsr
then said to the jury:
This crime which is charged is not
one punishable by state prison but i!
only a misdomeanor. The district at
torncy has described this TRANSACTION
as a conspiracy to break Il legal mar
rage and "A happy home. We have the
facts that Mrs. Dodge Morse herself
believed that the divorce she had So
cured from Dodge was tainted and that
she had no right to marry again. If q
wrong has been committed against hei
why was she not called at this trial
The hest we know of her Is that she is
fugitive in New Jersey. She was not
called because she we'll knew that she
had no right to marry Morse.
Il can say that Captain James T.
Morse is not to be condemned for his
action in the case for as guardian 0.
the children he had to protect them il
any legal way possible
why should you be asked to visit
all the vengeance of the law on this
free? What is to become of the two
millionaires? Are you going to allow
one law for the poor the poor and an.
other for the rich. in the persons Of
Little Hummel and the rich and power.
full Uncle "Jim?"
Inc Prosecutions argument WI.
made by Assistant District Attorne,
Rand. who said:
III L believed Capt. Morse had an,
1aea OF the means this agent tHummeI
was going to resort to to accompl,sb hi
purpose then | would he glad 10 nrns
ecute him. Dodge never questioned III
wife's divorce nor were there arv NO
ceedlngs on foot until Can't. Morse b.,
retained Hummel. Now as to tho onns
tion of perjury. OF course DODGE l. -,
utterly depraved and wretchod craa
ture. Mr.. Nicholl described nn.,.ra :,
oelng spruce and bright but ha ou,n
nave seen Dodge when brought ~
!. from Texas. sh' Aer
"a course You cannot believe VIII,
"ase says because he says if We 50,
fol