The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-12-22
4 Was Not Mistress of
His Home.
THUS SHE DECLARES
Other Women Dnmineered Over Me.
These Assertions are Denied by
Her Husband. Decided That the
New Jersey Courts Have
Jurisdiction.

Especial to News and Observer.)
Newark, N. j., Dec. 21.-Vice Chan
cellor Pitney this afternoon decided
that the suit for divorce instituted
by James b. Duke, millionaire, head
of the Tobacco Company Trust, was
legally within the. jurisdiction of the
New Jersey Court, and gave Mrs.
Duke twenty days to file an answer to
her husbands action. Mrs. Duke,
on the stand, swore she was not the
mistress of her husbands Somerville
home.
Left it because it was so unpIeas-
ant, Mrs. Duke declared adding with
emphasis: '"Fhe other woman domin-
eered over me-
Both Mr.. and Mrs. Duke were call
ed to the stand today in the hearing
before Chancellor Pitney, the pur-
pose of which is to show whether Mr..
Duke had the right to institute di-
vcrce proceedings in New Jersey;
whether he is a resident of this State.
The testimony Of Mr. Duke was brief
and without special interest. That Of
the beautiful woman he seeks to di-
vorce was quite to the contrary Mr..
Duke later was recalled and denied
all of his wife's charges He admit
ted on the stand that he was worth
more than $10,000,0 900. He has been
called by John d. Rockefeller, o&e of
the great constructive agents of the
world. He was asked by Samuel
Kalsch, whether he could enumer-
ate the different companies with which
he was connected.
i really cannot tell at this time,
was the answer. Il would have to re-
| fer to notes. l belong to so many you
know. | have had some personal prop
erty in New York for some time back"
When were. you assessed in New
York;" was the next question.
II cannot say, 1 would have to
guess" said the witness. 81 was as
sessed, but did not pay taxes, because
I considered myself a resident of North
Carolina"
Mrs Duke is Sworn
Mrs. Duke was sworn, and testified:
"I was married on November %,
1904, in Camden, n. j. After the we'd
weeks at his West Sixty y-eighth street
house, in New York city. II lived at
Somerville for a time but finally left
because it was so unpleasant / did
not go to stay. | was not mistress of
the place The other women domi-
neered over me- said Mrs. Duke with
a look of scorn at her husband.
Objections We're raised by Mr..
Dukes lawyers to testimony of this
out as irrelevant
MIR. Duke told me-" Mrs Duke
finally continued, chat he wished to
make no changes at the Somerville
house I was not to dismiss any of
the women he had installed there as
housekeepers He told me | would
have full charge of his New York
home. but Miss Smith would control
the country place. / was not even
permitted to say what | would have
to eat.
ION one occasion / asked Miss Smith
for some vegetables They did not
have enough for themselves, was the
answer / received.
"When l wanted improvements
made in our home" Mrs. Duke went
on, II spoke to Mr.. Duke and he re-
ferred me to Miss Smith. 1 even had
to tell her to decide what clothes
closets l should uSe / went driving
alone with my husband only twice af-
ter our marriage"
"Why was that" asked her lawyer.
"a year before the wedding Mr..
Duke showed me rough plans for the
house he said he would build me after
I became his wife," the witness re-
Piled.
"You objected to the site he had
selected for the new house. did you
not?"
Il objected to nothing. I was salts
fled with his North Carolina hime?"
Did not Mr.. Duke spend thousands
of dollars making preparations for
this new homer"
81 never knew what he spent. Mr..
Duke spoke of building home in
Californit This was several years be-
fore the wedding. / told him / would
go there if he wished"
did you visit the home in North
Carolina after the wedding?"
Eyes, went there several times
while my husband was recovering from
slight Illness.
Mrs. Duke was then excused.
j. b. Duke, re-called in rebuttal, de-
clared:
I never told Mrs Duke she was not
to be mistress of my New Jersey
home"
Did you tell her she would have
charge of only the New York home?"
did you ever go driving with Mrs.
Duke at Somerville?"
Il did, probably five times a week.
| objected to her going away to the
New York house so often. I threat
ened to close the stables in New York
City if my wife persisted in her desire
to visit the city"
In her passage out of the co
room Mrs. Duke was compelled
brush by her husband, but he appe
ed serenely unconscious. AT the
clusion of Mr. Dukes rebuttal te
mony. counsel for Mrs. Duke reques =
that the case go over for several da
but the chancellor insisted t.
counsel sum UP Immediately.