New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-08
HUSBAND AND WIFE
QUARREL OVER AUTO
Story Is "She SWatted' Him
and He Left Her Stranded
in Meadow.
INDICTMENTS PILE UP
Elk District Attorney of Queens
Accuses Present Holder Of
Office of Spite
Work.


Indictments have been returned against
former District Attorney John s. Mer-
rill OF Queens: Emil Fritz. proprietor OF
a garage at Woodhaven, Long Island. and
William j. Berack. chauffeur, charging
them with grand larceny in 1nlawfuly
OBTAINING an automobile Bench warrants
were issued for Fritz and Bierack. and
they were arrested yesterday and held in
81 coo bail each by County Judge Burt j.
Humphrey at Jamaica. The indictments
were returned by the grand jury OF
Queens, and Detective Victor White, OF
District Attorney Matthew j. Smiths
staff served the papers
The indictments are the sequel 10
Quarrel between Mr.. and Mrs. Bert
Clarke. of No : Spencer Place. Brooklyn
Of which Mrs. Clarke's proposed separa-
ton suit and their mutual fight Tor an
automobile were causes The differences
all arose after Mrs. Clarke reached over
and struck her husband, and he left her
sitting in the motor car in the middN -
Long Island meadow one night in Oc-
tuber.
Mr. Merrill says the whole thing IS
spite work on the part Of District Attor-
ney Smith. due 70 the story that the for
lner District Attorney is responsible for
the charges of malfeasance In Office no"
bending in Albany against the present
District Attorney Mr.. Merrill declares
that. as the indictment was returned sew
erel davs ago. he desires action Of some
kind
lit Is the sllicst and most absurd thlhs
that ever took place" said Mr.. Merrill at
his home in Ozone Park last night. l
think any man who would obtain an in
dictment under such circumstances is IN
III for public office The whole thing Is
spite work. No crime was committed
The case was thrown out of the magis-
trafes court. The entire trouble is that
when charges were preferred against
Smith ii was said that Charles rope
caldwell and / were responsible for theh'
I intend 10 make the matter part OF the
removal charges now pending in Albany!
The LAWYER said Clarke and his wife
AND friends took a ride on the evening
Of October "A. and that Mrs. clarke
snuggled up in the tonneau. heard her
, husband. who was driving say to the
man beside him: I've got date with
,ouple Of girls tonight" Mrs clarke
thereupon "swatted" Mr.. Clarke, who i'm
mediately got out OF the car and LETT
her alone in the road near Brooklyn
Manor. She telephoned TO Fritz's garage
and chauffeur came and drove ner 10
the home of her sister Mrs. COOPER at
No. 500 Chauncey street. Brooklyn.
She then had the chauffeur take the car
10 the Fritz garage. according to Mr.. Mer-
,fll and later. he said, her husband VINO
showed UP after a weeks absence mace
2 demand on Fritz for the car II was
refused. and in due time the case came
lip before Magistrate Henry Miller at
Jamaica. Both Clarkes were there, ana
both claimed the car. and Magistrate Mil
Ter dismissed the proceeding, saying II
should be handled in a civil suit.
Mrs. Clarke had previously engaged MI
Merrill as her counsel, and he said ne
had an AFFIDAVIT ready for separation
emit hut he had heard that the day after
the case came up in Magistrate Miller
court Mrs. Clarke had gone back to her
husband.
"She took the car from the Fritz garage
and then sent It to the private garage
Of DR.. George f. Comstock In WOOD
haven" said Mr. Merrill. Il don't know
what became OF # then. What l can't
understand. though, is why no action Is
being taken Everybody apparently
knows about this affidavit.
81 went up to Wallace Dreyfuss,
Smiths chief clerk, in the Court OF Spe-
cial Sessions at Jamaica yesterday ana
said 10 him. It's an outrage the way tne
District Attorney has acted In this mat
Ter. lie has no right TO conceal ana shlIt
the thing around Everybody's talking
about this Indictment and | want some
action taken ! have been in the Dlstrlct
Attorneys offices, in the courts and win
inc Assistant District Attorney ana yet
nothing has been done
Mrs. Clarke said last night at her home
No Spencer Place, that after her hus-
hssI5%d tried to get the automobile she
WAS introduced 10 Merrill by Fritz, and
At the lawyers suggestion signed papers
for the separation suit She also SAID
that after several meetings with MI.
Merrill he suggested that she go to live
with n Mrs Marsh at No. 1913 Bush"lch
avenue. and she remained there until NO
yember 10, and then decided to go back 10
her husband.
The two of them, according 10 her
story. went TO get the car, and met Mer-
riu at the garage. where he served on heT
hushsnd the papers she had signed. AT
her request. she says, the suit was 9ls-
missed in the Supreme Court In Brooklyn
lsst week She SAYS she has not seen
the automobile since it was put in Dr.
Comstocks garage.