The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-12-17
CRUCIAL POINT
IN HUMMEL CASE
Question as to Whether Dodge Was
Served With a Subpoena,
ATTORNEY USED A DUMMY
TANGLED sKEIN BEING SLOWLY
uNRAvELED.

AlEW YORK. Dee 1.-THE crucial
~ legal point in the celebrated
Dodge Morse divorce case, name
y. the question whether Dodge was
ever served with the summons 70
divorce proceedings With his wife who
later became Mrs. Morse, was taken
up today at the trial of Abraham
Hummel. the lawyer. for conspiracy
IN this case. The first witness, W. a.
Sweetser, was the lawyer who repre-
sented Mrs. Dodge in her divorce pro-
ceedings. Sweetser said that he served
the summons in question on Dodge on
March 81. 1897, at the Everett house,
in this city. lie then said in reply to
questions that in 1908 he identified as
Dodge a man whose real name was
Herbitch. This was at reference pro-
ceedings iii connection with the case.
The prosecution in the Hummel
trial has charged that Herbitch was
used at the reference to impersonate
Dodge, who. they charge, was being
kept away from the city.
Sweetser said Mrs. Dodge was TO
pay all expenses of the divorce
proceedings, including her husbands
counsel fees.
Herbitch Got $25.
Charles X Herbitch. whom Sweet
ser testified he identified as Dodge in
1903, was put on the witness stand
He said that he Went to the reference
proceedings in question at the request
of Mr.. Hummel.
Il went to the Office" said Her
bitch. land he told me he wanted 10
use me for about fifteen minutes at
a hearing, but did not want me TO tes-
tify. He sent me TO Judge Halls Of
flee at G. Williams street. Hummel
afterwards entered the Office with
Steinhardt."
Did you receive anything for your
services?"
Yes. $25."
What did Hummel say TO you?"
He told me that he wanted to see
If a certain man would mistake me
for someone else"
You knew by what you heard that
there was dispute as 10 the service
Of the summons.
Il did"
Justice Rogers, who is trying the
case, asked at this point:
And when Sweetser greeted you as
Mr.. Dodge did you not make any re-
s2onse?"
Il did not
Morse on the Stand,
Charles W. Morse. the banker. or
ganlzer of the American Ice company,
was next called 20 the witness stand.
1t was in order TO secure an annul-
ment of the marriage OF Mrs. c. Glenn
ence Dodge to Morse that the alleged
conspiracy was entered into by Hum
mel.
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 IL any
thing was wrong he wanted it set
right. The witness said that Sweet
ser showed him a newspaper picture
OF Dodge which the witness said he
had with him when he served the
summons. Delaney Nichol, Hum
mers attorney then said:
And when you called his attention
10 the fact that by the date on the
paper the picture was not printed
until months after the service of the
summons, what did he say?"
THAT he would have to frame up
some other excuse was the reply.
New Divorce Suit Was Started.
Mr. Morse testified that his wife
said she preferred new divorce from
Dodge. and that she had started an
/ action for one. He said that Hummel
was TO act as Dodge's counsel In this
new divorce, but that the ease was
stopped BY intervention proceedings.
Mr.. Morse was asked about the at
titudc of his uncle. Captain James T.
Morse. the New England shipowner,
regarding the marriage with Mrs.
Dodge.
You have heard him say that Mrs.
( Dodge was an unfit woman for yeu
to marry" he was asked
Yes"
You have heard him say also that
he would take steps to break your
/ n>arriage?"
Yes"
jerome Was Present.
MI Morse said that he was in Dis
I trict' Attorney Jerome's ONCE and that
! Mr.. Jerome was present when Cap
tain Morse said he had taken legal
/ steps to break the marriage.
Judge Ernest Hall. who acted as
referee in the Dodge divorce case in
| $685. testified that Sweetser took Her
; bitch for Dodge at one Of the hear
( ings, and that ne afterwards under
/ stood that Her5itch was there sim
/ ply that it might be known whether
Sweetser would recognize him as
/ Dodge. Judge Hall said that Dodge
/ himself was present at a later meet
/ ing and that he did not at all resem-
bic Herbitch in appearance After
this testimony the ease was adjourned
! until next Monday.