New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-22
MRS. DUKE LOSES POINT.
Court Decides That Her Husband
Is Resident of Nezc-Jersey.

Vice Chancellor Pitney. liz Newark yesterday
afternoon. dismissed the special plea of Mrs.
James B. Duke, alleging lack of Jurisdiction
which she fled instead Of answer 10 her nus
bands allegations. In ruling that Mr.. Duke was
a resident of New-Jersey the court directed
Mrs Dukes counsel to make answer to the
Duke divorce bill within thirty days This
action he added, would not prevent or in any
way injI1re any appeal which might be taken in
the case.
The question of appeal was raised. but the
court held that it's action would not interfere
with the Court Of Errors and Appeals or the
Tinted states Supreme Court. The summing
up began and was finished in an hour after
which Richard V. Lndabury counsel for Mr.
Duke. presented form of decree. saying he had
anticipated the courts ruling 1t was signed
Mrs Duke was not In court when the Vice
Chancellor announced the decision. She was
the only new witness called yesterday, which
was the second days hearing on her special
plea
Mrs Duke testified that she and her husband
had always regarded the house owned by her at
No II West e0th-st.. Manhattan as their home,
and that they had planned TO acquire another
house at 5th-ave. and 52d-st.
Mrs Duke said she occasionally visited the
Somerset farm but II was made so unpleasant
for her that she did not care to remain
why was that?" Chauncey G. Parker. her
counsel. asked her. cit was because had moth
ing TO say there. was not mistress there" was
her reply.
who wasr' was asked
MARY Smith" the witness replied. glancing at
Miss Smith. who sat in the courtroom
WAS that by direction of Mr.. Duke?" was the
next question
Mr.. Ilndabury raised objection. asserting that
IN. question was irrelevant His objection was
sustained.
Mr. Parker changed the form Of the question
ard asked Mrs. Duke whether she remembered
a conversation IN which Mr.. Duke took part
with reference to Mary Smiths position on the
farm.
Mrs Duke replied that her husband had said
that Miss Smith had conducted the farm to his
satisfaction and he did not want 10 make any
change
He said I was to be mistress Of the New
York home and that was the one was to con-
troll and not the farm" she continued: .,.
place two weeks before her marriage to Mr.
You had several discussfons7" Mrs. Duke was
I'VE had wasn't satisfied with the way
things went. but Mr.. Duke did not interfere IN
any way TO put in my proper place.
When asked to state some facts Mrs Duke
went on to tell OF how when she asked for
she was told by Mary Smith that there was not
enough for the farm. The manager OF the
farm, she ADDED, gave 6er some
Mrs. Duke In answer TO questions said that
some years ago her husband planned to convert
the farmhouse into clubhouse for the d.
rectors OF the American Tobacco Company, and
later had spoken of establishing the place as
scientific school of farming.
'I DO not think he regarded 1t as his
home' she added She further testified that
Mr. Duke had contemplated turning the prop
erty into a public park and giving it to the
State.
Reverting to the relations Of the Smith girls
at the farm to Mr.. Duke, the witness said
that her husband had insisted upon her invit-
ing the girls to their wedding and treating them
az members of the family
They always ate at the table with US. and L
do not think I went riding with Mr.. Duke
more than twice that they did not go along
Mrs. Duke said.
Mr. Duke on the stand made absolute denial
of his wife's statements. He said he had told
her. among other things, that she was in direct
charge of the house in Somerville. He was en-
phatic in his denial that the Smith girls were
the cause OF any dissension in his household.
Early in the afternoon the proceedings were
interrupted by the Vice-Chancellor. who took
occasion TO score the newspaper reporters for
having allowed newspaper photographer to
take picture of the court, himself and the de-
fendant-
IF I learn who that photographer is" he
said, Il will fine him heavily. He would have
been committed to jail If he had been discov-
at york.