The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-19
MUSIC and READING AT ODDS
BUr MRS. HUTCHINSON CAN'T GET
4 DIVORCE.

shes a Really Great Vocal Teacher and
Hutchinson Used to Play Poker Else
where-AIso the woman He visited
could Prepare Proper Food for him..
ralzac n poker are among the things
!, seph Hutchinson. secretary and treasurer
If the Kern Burner Company OF 81 Warren
street.. hlames for the differences between
ms wife and himself that led her TO sue for
q divorce.
The divorce suit was tried before Edward
Browne as referee and he reported in favor
of granting the divorce to Mrs. Hutchinson.
When the report came before Justice Blsnoh-
ard for confirmation he directed that the
complaint be dismissed. Mrs. Hutchinson
appealed from this decision. but the Appell-
late Division has affirmed Justice Blsnch-
ard unanimously and without opinion.
Mrs. Hutchinson's maiden name was
Jennie Torriani Her two daughters, Lee
more. aged Is. and Aimee. two years younger,
are also accomplished musicians. the father
Gays. Lenore giving piano lessons and
Aimee teaching the violin TO younger pupils.
The Hutchinson divorce suit is OF interest
because Of its bearing on the value Of cir
c%umstantial evidence in divorce cases,
Justice Blanchard and the Appellate Di-
vision. in affirming him. holding that evil
dence Of mere opportunity is insufficient,
no matter how convincing in itself, unless
there is ample evidence Of inclination on
the part Of the defendant to violate the
marriage vows.
Mrs. Hutchinson ives at ss5 West End
avenue with her daughters. while her hus-
hand has hveda at the Young Mems Christian
Association building. 100 West Fifty-fourth
street. since he left home a year ago. She
accused him In her complaint of living with
Mrs. Hattie jackson at 4O4 West i2tth street
and being known % MFR. jackson. The
Hutchinsons were married at Oceanic. n. j.
in 1887.
Referring to Hutchinson's financial cir
Cumstances on an application for alimony
Mrs. Hutchinson said that he was drawing
$500 a year from the Kern Burner Com
pany and was also in receipt Of valuable
ROYALTIES from the BunsenG Gas Burner Com
rany for the use of his patented burner.
hutchinson says that his wife's statements
as TO his income are correct and that he
allowed her $3.50 a month for the house. even
after he moved away.
Mrs. Hutchinson's case consisted mainly
in the testimony Of two ~janitors of 404 West
l2tth street and a tenant in the house. all o
whom declared that they had often seen
Hutchinson. whom they identified. in Mrs.
Jackson's apartment and had understood
him TO be Mr.. jackson.
Hutchinson denied ever having seen
either the j~anitors or the tenant, and pro-
ceeded TO explain that Mrs. Jackson was the
sister Of q very old friend OF his now dead
and that his visits to her were purely friendly
and mainly devoted to his experiments
with his gas burner. He said In part con-
corning his home life:
Mrs. Hutchinson. who is one OF the few
really great vocal music teachers in America,
had a female accompanies who came 20 the
house twice q week to dinner. For reasons
which l thought sufficient I didn't want
this woman ct my table. told my wife that
If she insisted upon having the accompsnist
at dinner I would not take dinner st home
on those nights.
Then there was another guest also, a male,
Who was there almost always on those nights.
and when I objected TO that guest she told
me that I could take my dinners else where.
She persisted in having the aceompanist
TO dinner. and the general proposition vac
that her table would not be chan sed Ia any
way because I wanted it. The male guest
TO whom I objected was q Mr.. Kelly. q lawyer.
who once did som legal business for me-.
These exigencies Of my vifes profession
made tt impossible for me to be home those
evenings. 1t was my practice to remain
home every night and read after dinner
Friday nights l did not stay home either
as the children bad their company that nj sht
as a rule.
But otherwise I stayed home and read.
had bought 9 complete sdition OF Bslzac.
and I remember particularly well that In
the fall Of 1908 I got deeply interested In him
as an author. But my wife objected snd
would freouensly say to me that she couldn't
understand how q mar could spend night after
night reading the way ! did. She told me
that | would do better TO 20 out. Tskins
that whole period, all Of 1904 and the fret
weather. I believe l spent more time readins
Balzsc in nv homo than any one man In a
thousand would spend.
Hutchinson said that he very rarely
saved away from home all night, but
often got up very early after coming home
had arisen. They would possibly be led
70 believe, he said. that he had not been
home at all. The two children testified
that they did not see much OF their father
from January /. 1904. TO June /. 1905.
His visits 10 Mrs. jackson he explained
on several theories. He was experimenting
ct the time on his gas burner, and as things
we're not congenial at home he asked Mrs
jackson, whom he had known for twenty
FIVE years, TO let him keep his tools and
full permission To experiment as TAR az
he pleased with her gas fixtures.
Another reason for his visits was that
Mrs jackson had nursed her brother.
who died Of diabetes, to which Hutchinson
IL a victim. He could not get q proper
diat AZ his home, so he went 10 Mrs. jackson.
With Mrs. jackson lives her nephew. LOUIS
Lewis. % years old. whom Hutchinson had
known since childhood.
When | found I was too much in the
vav in my own home" Hutchinson said.
Il would drop up TO Hattie's. that's Mrs.
Jackson, and sit around. There was always
company there, and we woul play poker
I'll bedtime. n IL was very late. and l
felt disinclined to 20 home, not wanting
n carry the ~highbals I had drunk 80 far!
Won feel like il, joe and I would. But that
didn't happen more than seven or eight
times altogether, for I nearly always quit
early. not being well, and went right home:
Mrs. Jackson corroborated Hutchinson's
account Of his visits to her home and h
reasons for them. So did the nephew
Lewis.
The referee, Mr.. Browne, reported 70
the Court that while the evidence against