Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-21
Mae Wood Loses a Point
Against PIatt.
COURT DENIES HER A JURY
Matrimonial Question Must Be
Passed on by Judge.
SETBACK IN SUIT FOR DIVORCE
Plaintiff Wished Jury to Pass on
Fact Of Alleged Marriage at
Hotel, November 9, 1901.

Special Dispatch to The Star
NEW YORK. October 2l.-The appllca-
ton of Mae c. Wood Plat to have the
issue in her suit for absolute divorce
from United States Senator Thomas G.
Platt sent to a jury for trial has just
been denied by Justice Seabury in special
term, part l. of the supreme court.
The court said in the decision: The only
Issue raised by the pleadings in this action
is whether tho plaintiff was. according TO
the defendant. on OF about November ..
1901 at the Fifth Avenue Hotel in this
city. There is no authority for the SUBJ
mission of this issue to a jury upon this
motion. and the practice of submitting
any issue other than that of adultery to
jury in any action of this character has
been distinctly disapproved by the ap-
pellate division of this department Mo-
ton denied"
Mae c. Wood-she added Plat to her
name In the suit-set forth In her COM
plant that. she was married to Senator
Plat about November o. 1901. and alleged
that he subsequently,. In October. 1893,
was married to Lillian Janeway. She
named Mrs. Janeway correspondent In
her divorce suit.
Denies He Married Mae Wood.
In his answer Senator Plat admitted his
marriage to Mrs. Janeway. and set forth
that she is his lawful wife. He denied
under oath that he had ever married Mae
C. Wood.
Counsel for the plaintiff recently asked
Justice Seabury to send the issues in
her divorce suit to jury to be deter
mined. Such applications are usually
granted, but when Mr.. Stanchfield, or
counsel for Mr.. Plat, opposed the appli-
cation for a jury trial he demonstrated
to the court that the facts in the Plat
case were so unusual as to call for care
full consideration of the court before de-
Gliding the motion.
In an ordinary divorce action there is
no question raised as to the marriage.
and when adultery Is charged by one side
and denied by the other an issue Is
Joined and must be settled by jury at
the request of either plaintiff or de-
PENDANT.
Counsel for plaintiff requested the court
to send these two questions of fact to the
jury:
married in this city on or about Novem-
Der 0, 1901?
"second-Did the defendant subsequently,
commit adultery with Lillian Janeway?"
Question for a Judge.
Mr. Stanchfield insisted that such ques-
lions could only be sent to a jury where
issue had been found. Issue is only
found in legal sense, where one side
asserts condition and the other denies
1t. Mr. Stanchf1eld called the courts at
tention to the fact that while Senator
Platt denied his marriage to Mae c.
Wood he did not deny that die had lived
with his wife, who was Mrs Janeway,
the alleged correspondent.
The attorney said that as Senator P1att
did not deny his intimacy with his own
wife, the correspondent named, there was
no issue on that ground for jury to
pass UPON He said that the only issue
found was on tie point Of the plaintiffs
marriage. He said that was not such an
issue as a jury could. under the law,
determine.
Mr. Stanchfieid asserted that under the
law of this state the question of whether
an alleged marriage Is a legal marriage
is a question of law for q judge to de-
eide. and not a question of fact for
fury to determine.
The effect of the courts decision. as IN
terpreted by lawyers. Is that Miss WOOD
must prove her alleged marriage to the
satisfaction of justice of the supreme
court, sitting In special term, before she
can 20 to the jury on question or al
legged misconduct of Senator Piatt.