New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-08
MADDEN CASE DROPPED.
Mystery an Action of Actress Who
Sued Peter DurYea.

Counsel for Miss Sarah Madden, the actress.
created a surprise I'm Part Y of the Supreme
Court yesterday by requesting Justice Giegerich
withdraw the $4,000 suit against Peter F
Dpryea, the husband of Viola Allen for alleged
breach Of promise 10 marry the plaintiff Coun-
sci for Mr. Duryea at first strongly objected to
having the suit abruptly dismissed but
when il was seen that Miss Madden was not in
court IT became evident that the trial which had
started sensauonany on Tuesday could not 90
n on. so all parties consented 10 a withdrawal of
the suit.
The reason for the action Of Miss Madden in
refusing TO go the stand for cross-exanina-
ton is a mystery. The prevalent opinion among
those interested IN the case is that some sort Of
q settlement was reached between the closing of
court Tuesday afternoon and the opening yester-
day morning. George c. Coffin counsel for
Miss Madden. was not consulted. however, if A
settlement was made. Mr.. Coffin made the fol-
loving statement:
Miss Madden came 10 my Office this morning
before court opened and announced that she
was too nervous TO be cross-exa mined and
would not go TO court This attitude on the
part or my client, combined with certain other
things which / had learned about the case,
caused me TO withdraw at once as counsel
worked hard for the woman. whom | believed
nae been wronged- The suit had been started
successfully, but reports had come to my ears
recently which made me sorry that had under
taken the case. DO not believe that any private
settlement was made, but sure that no set
Element was made with me. ! am through with
the
In asking for withdrawal Of the suit l. c.
Cuvillier. who was associated with Mr.. Coffin as
counsel for the plaintiff. referred mysteriously
70 certain information which he had received
from Parker, Hatch & Sheehan concerning Mr.
Duryea- Mr.. Cuvillier went so far as TO say
that he understood that il Judgment were OH
taAned against the defendant it would be WORTH
less.
The report was also nosed abroad that Mr.
Duryea was soon 10 he sued by the troftjng turf
authorities in connection with the notorious
Memphis Gold Cup case. in which IL was alleged
recently that Lou Dillon, c. X CT Fillin~s's
neet mare, was ''doped,' that Major DeIn9ar
z. 4. Snatherss gelding, might win the coveted
cup.
Dragging Mr. Duryea's name into the Lou Dill
ION seaman came as great surprise 10 trottin O
horsenen In this city and the general or,otIo
was that Ar. Duryea could not In any ~ -
connected with that case For years Mr. Dnrvaa
&ss manager of the Patchen Wilkes stool
Farm near Lexington. KY. which was Owned h.,
" L. ID. Stokes. Of this city. Il is alleged maj
Nesscs- Stokes and Duryea, who were fo-T,frI,,
snces OF late yeara
The most likely reason for the ahr,,. ;.
travail OF the suit brought by MISC NfadSa.
.eeTns 20 be that prominent people who JSSo,,I5
have been summoned TO testify in The sniff forcaS
fettefnent. 1t was supposed that w = n
Stokes ano his former wife row srs .5a,Jjn ~
lyais. would be called as witnesses 80
In oismissins the suit Justice Gleserica n,acas
the costs on the plaintiff