Daily Kennebec journal., 1905-12-18
MORSE ON STAND
In HummeI Trial and Tells OF Divorce
of Mrs. Dodge.

New York. Dec. 1.-THE crucial le-
gal point in the celebrated Douse-
Morse divorce case. namely the ques-
tion whether Dodge was ever serVeu
with the summons to the divorce pro-
ceedings with his wife, VINO later pe-
came Mrs. Morse, was taken up oatur-
day at the trial of Abraham +. Huin-
mel, the lawyer, for conspiracy III the
case.
The first witness, William A. sweet
ser. was the lawyer who represented
Mrs. Dodge in her origlnal diVorce
proceedings. Sweetser sald liiil ne
served the summons in question: vi
Dodge on March 81, 1897, at the EVER
EFT house. iii this city. re tileii sal"
that in 1903 he identi1ied rs pouse
man whose real name WAS Iieip ="
This was ut reference proceedings. ne
prosecution in the Hummel tffil mas
charged that Herbitch was useu al 'ie
reference to impersonate Dodge VINO
they charge was being kept away from
the city.
Sweetser said that Mrs. Dodge was
to pay all expenses Of the divorce pro-
ceedings including her husbands
counsel Fee
Charles K. Herbitch, who Sweetser
testified he identified as Dodge in 1913,
was then nut on the stand. He said
that he went to the reference proceed
ings in question at he request OF Mr.
Hummel.
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 there
that there was dispute as to the SER
vice of a summons"
Il did,
Justice Rogers. who is trying the
case asked at this point, "and when
Sweetser greeted you as Mr.. Dodge,
you did not make any response?'
Il did not
Charles w. Morse, the banker and
capitalist, was next called to the wit
ness stand. 1t was in order to secure
an annulment of the marriage of Mrs.
Clemence Dodge to Morse that the al
legged conspiracy was entered into by
Hummel.
Mr.. Morse said that Hummel told
him that in 1902 that Mrs. Dodge's d.
vorce from Dodge was corrupt and
bad. Morse said he answered that if
anything was wrong, he wanted it set
right. The witness said that Sweet
ser showed him a newspaper picture
of Dodge which the lawyer said he had
with him when he served the sum-
mons. Delany Nicoll, Hummers at
torney, then said:
"And when you called his attention
to the fact by the date on the paper
the picture was not printed until
months after the service of the sum-
mons what did he say?'
THAT he would have to frame up
some other excuse" was the reply.
Morse testified that his wife said she
preferred a new divorce from Dodge
He said that Hummel was to act as
Dodge's counsel in this new divorce,
but that case was stopped by interven-
ton proceedings. Mr.. Morse was asked
about the attitude of his uncle, Capt
James 4. Morse. the New England
ship owner. regarding the marriage
with 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 also say that
he would take steps to break your
MARRIAGE"
Yes"
Mr.. Morse said that he was in Dis
trict Attorney Jerome's office and that
Mr.. jerome was present when Capt.
Morse said he had taken legal steps to
break the marriage. Morse then left the
witness stand.
Judge Ernest Hall. who acted as ref
cree in the Dodge divorce case in 1908.
said that Swcetser took Herbitch for
Dodge at one of the hearings and that
he afterwards understood that Her.
bitch was there simply that it might be
seen whether SweetSer would recognize
him as Dodge. Judge Hall said that
Dodge himself was present at Il later
meeting and that he did not at ali re-
sembe Hcrbitch in appearance. After
this testimony the case was adjourned
until next Monday