New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-28
NO FAVORS TO GENIUS
EIweII Marital Unhappiness Pro-
vokes Courts Comment.
MATTERS OF Temperament
Couldn't Lend Sculptor Money
Without Interest, Wife Says,
but Supported Him.

Genius is a good thing in its way but II
does not weigh in a cour' Of law over the
rights Of an ordinary mortal That IN
effect was the way Justice Greenhaum put
Il Yesterday in the Supreme Court while
presiding over the separation suit brought
nv Mrs Molina NJ EIweIl against her
husband. Frank Edwin ElweI the sculptor
sid formerly curst~r Of sculpture in the
Netropolitar Museum Of Art. The exact
words Of the court called forth by the con-
-entions OF the defendants counsel were;
I know Of no law that grants geniuses
any favors over persons in ordinary walks
Of life
And carving out the art theme that con-
tinually crept into the proceeding, EiWeil
LAWYER offered TO submit TO Justice Green
baum living picture Of the lives OF
these two" referring 10 the litigants
To this the court said: I'VE are not in an
art gallery This is a court of law, and
will listen 10 nothing but the material facts
81 this case
Mrs. ElNell sued on the ground OF deser-
zion. TO which Elweu answered that the
wife did the abandoning The plaintiff was
3 witness Yesterday and told Of her
troubles with her husband, which began on
the day they were married in Paris, in 1852,
End continued lOL ANtllN-SAA SNaASs G4AeAA
1s0S. when they separated. or, as Mrs.
Elwen said. her husband forced her 10
leave their home in Weehawken. y. j
Elvvel said of this term Of marital rela-
tions. My wife and 1 lived together
twenty-five years, and it was the worst
hades man ever lived in
Mrs. Elwell explained that her husbands
refusal TO permit her to enter their home
Of affairs IL
having been told that when she married
Elxeu she had property. and he had none.
The point about the sculptor banishing
his wife from their home had doubly i'm
1or1ant bearing on the case. First. because
81 answered his allegation about the aban-
donnent by Mrs. Elwell and also because
the defendant questioned the jurisdiction OF
New York in the present suit because OF
his New Jersey residence.
While the law makes the home of the
husband also the home Of the wife, where
the husband has driven his wife away from
that home the wife can esta blish her home
where she pleases. and Mrs. Elweli chose
New York.
Did you. ever consult with your husband
about your estate?' asked counsel for e.
well
I have lent my husband money, on which
he did not pay me interest. Therefore I
did not consult him freely
Did you expect interest,""
Mr.. EzweIl wanted me 20 lend him
money without interest. but l told him ]
could not afford 10 90 that. and then he
told me lie would pay interest"
Asked again about not consulting with
the sculptor about the management Of her
property the wife replied:
His sense Of honor and business ca
pacity. as related 10 the artistic tempera-
ment. did not justify me in lending him
money without interest,"
Did YOU expect your husband 10 follow
art and make MONEY. too?''
I told him TO stick 10 art for I loved
him dearly ] supported him for many
years"
Justice Greenbaum reserved decision.