The Birmingham age-herald., 1905-12-17
QUESTION ARISES
 ABOUT IDENTITY
THE CRUCIAL LEGAL POINT IN THE DoDeE-MoRsE CASE IS BROUGHT TO LIGHT IN THE TRIAL OF ABRAHAM HuMMEL.

New York, December 16.-The crucial legal point in the celebrated Dodge-AIorse divorce case, namely the question whether Dodge was ever served with the summons to divorce proceedings with his wife. who later became Mrs. Morse, was taken up
 today at the trial of Abraham H. Hum mel the attorney, for conspiracy In the
 case The first witness, William A. Sweet
 ger, was the lawyer who represented Mrs.
 Dodge in her original divorce proceedings.
 Sweetzer said that he served the summons
 in question on Dodge on March 9l, 1897. at the Everitt House in this city. He then said in reply to a question in 1903 he identified In Dodge a man whose real
 name was Herbitch. This was at reference
 proceedings in connection with the case.
 The prosecution in the Hummel trial has
 charged that Herbitch was used at the reference to represent Dodge, who they charge was being kept away from the city Sweetzer said that Mrs. Dodge was
 to pay all expenses of the divorce pro- ceedlngs including her husbands counsel fees.
 Charles Herbitch, whom Sweetzer testi- fled he identified as Dodge in 1908 was
 
 he went to the reference proceedings in
 question at the request of MT. Hummel T went to his office" said Herbitch, ''and he told me he wanted to use me for about fifteen minutes at a hearing. but did not want me to testify. He sent me
 to Judge Halls office, at 62 Williams
 street. Hummel afterward entered the of- flee with Steinhart."
 Did you receive anything for your ser vice?"
 "Yes, s25."
 What did Hummel say to you?' He told me that he wanted to see if a certain man would mistake me for some
 one else"
 You know by what you heard there, that there was a dispute as to the service of summons?' "I did"
 Justice Rogers, who Is to try the case, asked at this point: And when Sweetzer greeted you as MT. Dodge you did not make any response?" "I did not"
 Charles w. Morse, the banker organ izer of the American Ice company and other corporations, was next called to the witness stand. It was in order to
 secure an annulment of the marriage of
 Mrs. -Clemence Dodge that the alleged conspiracy was entered into by Hummel Mir Morse said that Hummel told him in 1902 that Mrs. Dodge's divorce from Dodge was corrupt and bad. Morse said
 he answered that If anything was wrong he wanted 1t set right The witness said that Sweetzer showed him a news
 paper picture of Dodge which the law yer said he had with him when he served the summons. Delancey Nicol. Hummel's S
 attorney, then said: And when you
 called his attention to the fact that by the date on the paper the picture was not printed until months after the service of l the summons, what did he say?'
 That he would have to frame up some other excuse,' was the reply. 1 Mir Morse testified that his wife said | she preferred a new divorce from Dodge l and that she started an action for one. l He said that Hummel was to act as {, Dodge's counsel in this new divorce, but
 that the case was stopped by interven- | ton proceedings. Mir Morse was asked | about the attitude of his uncle, Capt. J. T. Morse, the New England ship owner,
 regarding the marriage of Mrs. Dodge. You have heard him say that Mrs. Dodge was an unfit woman for you to
 marry?" he was asked. Yes"
 You have heard him say also that he
 would take steps to break your mar riage?"
 Yes"
 MT Morse said that he was in District Attorney Jerome's office and that MT.
 Jerome was present whent Captain Morse said he had taken legal steps to break the marriage.
 Judge Ernest Hall, who acted as referee
 in the Dodge divorce case in 1903, testified that Sweetzer Herbitch took him for
 Dodge at one of the hearings and heard the Herbitch was there simply to see whether Sweetzer would recognize him as Dodge.
 Judge Hall asd that Dodge himself
 was present at later meeting and that het did not at all resemble Herbitch in | appearance. After this testimony the | case was adjourned until next Monday.