New-York tribune., 1908-01-05
TOWER CASE UP.
Counsel for the Wife Makes Charges
Decision ReserUed.

Application for amony and counsel fees pending
the trial of her suit for separation ~Ss made
yesterday to Supreme Court Justice Isaac n. Mills.
at White Plains, by Mary Bogardus Tower. the
former telephone girl. the wife Of A. Edward
Tower the ironmaster OF Poughkeepsie. Justice
Mills took the papers and said he would give
decision in few days Mr.. Tower sat in the court
room with his fur collar turned up. and he shifted
his hat to avoid the photogra piers He finally ap-
pealed to the court officers. and taken to the
judges private room until the close of the
argument
1t at this hearing that the first authentic
statement of Mr. Towers side of the controversy
given out. He represented by Charles LIE
Barber His defence was. in substance. that.
he had married only woman he objected to
caring for the whole family. He also charged at
tempted backmail. It learned that
riage ceremonies were performed one OF which was
suppressed.
The argument opened by Charles Morschau-
ser, of Poughkeepse. who appeared for Mrs. Tower.
He recounted the trip in the Towers yacht the Erl
King, when Mrs. Wes. friend of husband and
wife, came into conflict with the latter; of the
Wifes demand that Mrs. Weis be elected from the
yacht; of the husbands seizing Mrs. Tower and
compelling her TO go TO her stateroom. and then
locking her in Mr.. Morschauser told how, some
days later he had gone to the Waldorf-Astoria in
response to call from Mrs Tower and had found
her in state of nervous collapse. She told him
then of her husbands actions whereupon Mr..
Morschauser sent for Mr.. Tower. Mr. Morschauser
said that he then tried to effect reconciliation
but that Mr.. Tower asserted he was through with
MS WIFE The attorney thereupon sent Mrs. Tower
home, and advised her get her sister for a COM
panion, and keep her ever by her side for pro-
lection from her husband"
According to Mr.. Morschauser separation
agreement was then drawn up by which Mr.
Tower was to pay for the maintenance of the
Poughkeepsie home for the use of his wife and
pay her IN addition 500 a month This he did for
d lew months only then stopped. and disconnected
the gas ana water pipes. Mr.. Morschauser asked
for ssoO month alimony, the amount he re-
garded as the equivalent of the agreement
In responding behalf of Mr. Tower Mr. re
Barber stated that he would make the first
authentic statement behalf of Mr. Tower that
has appeared since the first gained publicity
He then pronounced the whole case as one OF
blackmail.
Il will show he said. that this was a loveIass
marriage, and that all of these charges are false
in every particular. There is absolutely nothing in
the yacht or Waldorf incidents, the only two they
pick out Of five years of married life Mr. Tower fs
not abusive, does not drink to excess and does not
associate with dssolute women L will show
wicked. wful feonious perjury on the mart or
TINS plaintin Her statements incredible
ToWer was driven from his home by this woman
ana her sister, and II is now. as It has ALWAYS
been, solely a question Of money on the mart or
MRS Iower and her sister Mr. Towers character
Is OF the best: he is not seeker after
"oief- II tnere is a skeleton to be exposed IN
case. let 1t be exposed at once We are ready
for it,
Mr. lie Barber declared that Mrs Tower is NOT
III want, and that she has the of the Pougf-
keepsie house with her divorced sister who is tho
one, declared Mr.. lie Barber who is guiding
her in all her actions" In reference to the Yacht
ing incident, he denied it, adding that Mrs Weis
had been invited on the trip by Mrs. Tower
Mr.. lie Barber admitted the existence of the
separation agreement, but said his client signed
nptT- hoDo
THE agreement" he said, does not recite any
differences between the two. 1t ONLY saws that
for money the two may live apart etc That
paper was drawn by John p Rice, jr, the man
who has come between these two people. This
man Rice, after the separation agreement
signed, wrote to Tower boasting Of his influence
over Mrs. Tower and her sister He fonented
the differences Mr.. LIE Barber then said
Mrs Tower claims that she married to
Mr.. Tower January Z, 1903. She knows that is
She knows that there secret mar
riage just couple of months after the death of
the first Mrs. Tower, and that the minister who
performed the ceremony bribed to conceal 1t
and file the certificate. Later came the jan
uary marriage. which made public"
Mr. lie Barber said that Mr.. Tower at all
times a loving and attentive husband, but that he
strenuouslys objected to the presence of "the di-
yorced sister" He begged his wife to leave her
sister and come TO him. but she always refused,
his lawyer said
At the conclusion of the argument Justice Mills
of abandonment and suggested that Mr.. Tower
should return to his Poughkeepse home. He then
took the papers and said he would announce MS
decS in