Los Angeles herald., 1905-12-17
CRUCIAL POINT
IN HUMMEL CASE
QUESTION OF SERVICE OF
DODGE SUMMONS
This Is the Main Question Considered
in Trial Of Famous New York
Lawyer Accused Of
Conspiracy
Bx Associated Press.

BY Associated Press.
NEW YORK, Dec. 16.-The crucial
legal point in the celebrated Dodge
Morse divorce case, namely, the ques-
tion whether Dodge was ever served
with the summons of divorce proceed
ings 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 law
yer who represented Mrs. Dodge In her
divorce proceedings.
Sweetser said that he served the sum-
mons in question on Dodge on March
81, 1897, at the Everett house In this
city. He then said in reply to the ques-
tions that In 1908 he identified as Dodge
a man whose real name was Herbitch.
This was ut reference proceedings in
connection with the case. The lsose-
cution in the Hummel trial has charged
that Herbitch was used at the reference
to impersonate Dodge, whom they
charge was being kept away from the
city.
Sweetser said Mrs. Dodge was to pay
all expenses of the divorce proceed
ings, including her husbands counsers
fees.
Charles X. Herbitch, whom Sweetser
testified he identified as Dodge in 1903,
was then put on the witness stand.
He said that he went to the reference
proceedings in question at the request
of Mr.. Hummel.
"Did you receive anything for your
services?"
"Yes, $25."
'.What did Hummel say to you?"
sHe told me that he wanted to see
if a certain man would mistake me
for some one else"
Justice Rogers, who is trying the
case, asked at this point: And when
Sweetser greeted you as Mr.. Dodge did
you not make any response|
II did not"
Charles w. Morse, the banker Or
ganizer of the American Ice company,
was next called to the witness stand.
1t was In order to secure annullment
of the marriage of Mrs Clemence
Dodge to Morse that the alleged con-
spiracy was entered into by Hummel.
Mr.. Morse said that Hummel told
him in 1902 that Mrs. Dodge's divorce
from Dodge was corrupt and bad. MIR.
Morse said he answered that II any
thing was wrong he wanted to set it
right The witness said that Sweetser
showed him newspaper picture of
Dodge, which the witness said, he had
with him when he served the summons.
Delaney Nicholl, Hummeps attorney,
then said:
"And when you called his attention
to the fact that by the date on the
paper, the picture was not printed un-
til 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.
Mr.. Morse testified that his wife said
she preferred a new divorce from
Dodge and that she had started an ac-
tion for one. He said that Hummel
was to act as Dodge's counsel in this
new divorce, but that the case was
stopped by intervention proceedings
Mr.. Morse was asked about the atti-
tude of his uncle, Capt. James 7. Morse,
the New England ship owner, regard
ing the marriage with Mrs. Dodge.
"You have heard him say that Mrs.
Dodge was an unfit woman for you to
marry?" he was asked.
Eyes"
"You have heard him say also 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 Captain
Morse said he had taken legal steps TO
break the marriage.
Judge Ernest Hall, who acted as
referee in the Dodge divorce case ir.
1908, testified that Sweetser took Her
bitch for Dodge at one of the hearings
and that he afterwards understood that
Herbitch was there simply that it
might be known whether Sweetser
would recognize him as Dodge. Mr..
Hall said that Dodge himself was pres
ent at a later meeting and that he did
not at all resemble Herbitch in APP
pearance, After his testimony the case