The news & observer., 1905-12-24
NEXT STEP |NSU|T2
Duke Divorce Case Matter
for Speculation.
What Move Mrs. Lillian's Lawyers
Will Make is Uncertain. The Case
May Go to the Supreme
Court.
Especial to News and Observer }

Especial to News and Observer.)
New York Dec 22.-Just what will
be the next move of Mrs. Lillian N.
Dukes lawyers in attempting to pre-
vent her husband. James b. Duke,
president of the American Tobacco
Company, from pushing his suit for
divorce against her on statutory
grounds IN the New Jersey court, is
today a matter of uncertainty. The
tobacco magnate, whose wealth Is es-
timated at $15.000,000 has been de-
clared by Vice Chancellor Pitney, of
Newark, to be citizen of New Jersey
by virtue of his real estate, Duke
park, near Somervile, Somerset coun-
ty New Jersey, but Mrs. Dukes law
yers have been given thirty days in
which to file an answer, and have told
the chancellor that they will carry
the case to the Supreme Court of the
United States if pCss..-.
This is the present status of the
case. and it seems just now as If the
campaign of delay will be carried on
for many months. Meanwhile the
woman, divorced thirteen years ago
by William F. McCreedy, broker.
who. named three correspondents, is
the legal wife of Mr. Duke, who also
! Huntoon, the sxty-two year old cap
tain in the Old Guard. known in every
! cafe on Broadway.
1t is a determined fight Mrs. Duke is
making to retain her present position.
| While question of her millionaire hus-
| bands status i'm the New Jersey
courts is in litigation she is entitled
to dover rights in his great estate
| should he die before the divorce is
= 49,, ;c tA tyafe
pretation placed upon the objection
! she raised, for she has by implica-
| ton expressed her Willingness TO a suit
| in New York. and yet the ground on
which Mr.. Duke seeks a divorce is
the only one allowed in this State
| 1t may have been this expression
| of q preference of the courts of New
| York that led Chancellor Pitney to
| say as he concluded his decision III
| favor of Mr. Duke yesterday:
Mrs. Duke will get as good justice
| in the courts of New Jersey as she
will IN he courts of New York. In
deed she will get better justice, for
! it will be quicker. If my decision is
upheld by the higher courts, one thing
| is certain. Mr. Duke will get justice
and Mrs Duke will get justice
And as the vice chancellor spoke
he might we'll be taken as the per-
/
| he has a reputation from one end to
the other of the State. His ruddy
face with the high and sharp nose
/ the great forehead and snow white
! hair and the close cropped SlVery
| beard, gives him an air of distinction
/ When Mrs Duke was on the stand
| the handsome, middle aged woman,
whose bronze colored hair and smart
clothes made her striking figure
lamong the sombre garbed lawyers, she
kept her blue eyes on the grim face
of the chancellor. She said that she
believed Mr. Duke to be citizen of
/ New York, because when she lived in
| New York city he had called on her
two or three times week.
The chancellor dismissed this in his
! decision by saying:
when / look at this beautiful lady
/ wonder how a man would absent
himself from her for more than two
! or three DAYS at a time. But the
| fact that he called on her does not
make him a citizen of New York
The chancellor seemed to think Mr..
/ Duke had been too kind. for he said:
/ eff / had been in Mr.. Dukes place
| I would have put Mrs. Duke in my
| home and said to her: Just leave the
servants alone, my dear. You just
! leave the housekeeping to Mary
Smith and ride around our beautiful
! Somerset hills in my automobiles.
You can't ride in two of them at once,
but just enjoy yourself and let Mary
do the work"
| would not have blamed Mr.. Duke
| if he had said that to his wife and
would not be surprised to learn that
he did saw something of the sort, for
if there is one thing that has i'm
pressed me more than another in this
trial if is that Mr.. Duke has much
good, hard sense.
Mr.. and Mrs. d. E. Eason have
moved from Smithfield to their farm