The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-28
mrs. DUKE TO MAJOR HUNTOON
TELEGRAMS CONVEYING her
LOVE AND BEST WISHES.
Mrs. Duke sun Out OF Court-DoctOr Sent
to Examine Her Reports That "ObJec.
lively There We're No signs OF Illness"
A Lively Tilt Between Lawyers.

lively There We're No signs OF Illness"
A Lively Tilt Between Lawyers.
Mrs. Lillian n. Duke, who is being sued
for divorce, again failed to appear-in the
Chancery Court in Newark yesterday, and
this gave rise to a report that she was about
to abandon her defence. This report was
emphatioally denied by her lawyers. DR..
Joseph Fewsmith, who had besn assigned
by the court to visit Mrs. Duke in New
York and report as to the state OF her health,
reported that he had called at the Sixty
eighth street house as, directed and found
Mrs. Duke in bed. and. collectively, there
we're no signs OF any illness, " said the ply
sician. He added, however, that Mrs.
Duke had complained to him that she was
suffering from intestinal trouble and had
summoned her own physician yesterday
afternoon.
Something Of a sensation was ca used
when Mr.. Lndabury, Mr.. Dukes counsel,
offered to present evidence to show that
when it had been decided on the previous
day in court to send a physician to examine
Mrs. Duke the woman friend who had
reported her evidence to the court had a
whispered talk with Chauncey G. Parker,
Mrs. Dukes lawyer, and she left the court
room at once and t~elephoned to Mrs. Duke.
This statement aroused the anger OF Mr..
Parker, who denied the alleg alton so far
as it related to him. A message was sent
to the telephone operator In the building
where the court is held, and he informed the
Court that the telephoning had. been done
from Mr.. Parker's office. This did not
allay Mr.. Parker's anger, and Fice,Chan-
cellor Pitney Practically remarked that
| perhaps Mr., Lindabury had only inferred
that the person referred to had only tele-
phoned from Mr.. Parker's office, where
upon Mr.. Lindabury remarked that:
al had further information than that
Vice-Chancello Pitney informed counsel
! that since the hearing yesterday counsel re-
presenting Frank T.Huntoon, the correspond
emit, had filed a formal answer to Mr.. Dukes
and specific denial Of all the charges made
Al do not consider that this is a formal
or proper answer, . Interrupted Richard
V. tindabury, general counsel for Mr..
Duke.
For the reason that 1t is a mere appear
ance and denial and / do not consider that
it's filing at this time ought to interfere
with the progress Of the suit"
The reason for the attitude OF oounselap
peared almost Immediately when 1t was
brought out that copies OF the kilograms
sent by Mrs. Duke from Durham, n. c., to
Mr.. Huntoon in New York were to be
formally presented in evidence. These
kilograms are dated from May 4 to May 10
and were sent out by Nellie Sands and read
asfollows:
"F. T. Hrntoor, the WolcoH. Thirty-f rst street
and Fifth dpenue, New York;
Arrived .ysdd sS Ss,Iy. u Party gsyo very sGIs a ~ asge
Send me messenger by her. L. D..
May S, 1905 Nellie arrived. Uncertain
about going home. Party very III Write
here to Nellie. Love and best wishes. L.
May Q 1905, Hope you are vel. Party
get ali promises. Love and best wishes; L.
May s., le05.-Mr. Duke died at P NJ.
Funeral Wednesday at II A. NJ. Happy
over two letters. Have written, Expect
to start for home Wednesday, or Thursday
Will wire tomorrow. Miserable. Love.
May %. 1905. Received third letter
last evening. Always miss you. Sad,
lonely and miserable. Hope you are we'll
and keep all promises, Have written.
May 10, 1905. Will arrive in New York
early tomorrow. Will telephone you at
$50. Hope to see you, Love and best
The Mr.. Duke whose death is referred to
in one OF these kilograms was washington
Duke, father Of the plaintiff
The Court ADMITTED these kilograms in
evidence as against Mrs. Duke, but said
that he could not give the dispositions the
force Of evidence as against Mr.. Huntoon'
1t had been objected by Alan Fl. Strong.
counsel for Mr.. Huntoon. that these tele-
grams could not be properly offered at
this time. because the testimony had been
taken in Durham without notice to Mr..
Huntoon and in the absence of any one
epres enting him. -,
The Vice-Chancellor finally admitted
after a long argument between counsel
the copies Of the dispatches and also the
cablegfams published in Paris, which Mr.,
Lindabury read in court. The case vas
then set over until next Wednesday. when
Mics Sands and Miss Ponderson will be
cross-e1amined.