New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-28
ASKS COURT TO STOP HER
RIVAL IS L0VE-MAK|NG
Mrs. Hall Says Mrs. Smith Is
Stealing Her Name and
Husbands Heart.
SUES FOR $4,000 BALM
Counsel Cites Texas Precedent
for injunction, but Can
Find None in New
York State.

Ella Hall. Wife Of Charles NJ Hail an
insurance broker at No "a Wall street
= Manhattan asked Justice Benedict. in the
Supreme Court Brooklyn. yesterday to
restrain Mrs. Emma s. Smith. OF No. 100
Lexington avenue. Manhattan. from fur
ther alternating Mr.. Halls affections
Mrs Hall is suing Mrs. Smith for 5000
for alternating Mr.. Halls affections. If
the Injunction is granted Mrs. Hall eX-
poets 10 he able to proceed against her
rival for contempt Of court in case she
has anything more TO do with Mr. Hall
James =. kOhler Mrs. Halls attorney
cites a Texas case i'm which such an in
junction was issued to prevent one man
from communicating with another's wife
When the Injunction was ignored the
wifes admirer was put In jail for con-
tempt. There appears. however. TO be no
precedent in this state.
George s SChoheld Mrs Smiths attor-
ney. objected to the Injunction on the
ground that there had been improper
service Of summons and complaint I'M the
action brought by Mrs. Hall Mr.. Kohler
produced an affidavit by the process
server and also a notice Of the hearing
on the Injunction. the latter being torn
I'm two Mrs. Smith. he said tried to
destroy the paper when she saw her
name on II. The justice took the papers
and reserved decision on the injunction.
Trial In the suit will come later
According to Mrs. Halls complaint she
and Mr.. Hall were married on November
9. 1894. and have three children living
In 100 Mr. Hall met Mrs Smith and es-
tablished her In an apartment at No. II
East 18th street. Manhattan. Mrs. Hall
says she got the landlord TO put Mrs
Smith out. and Mrs Smith went to No
1870 Lexington avenue. There. Mrs. Hall
saws. the landlord refused to interfere
with her: there she is known as Mrs.
Charles VI Hall Mrs Hall SAYS also
Mrs. Smith has a son in school on Long
Island. where he is known as Hall and
she wants the injunction also to prohibit
mother and son from using this name
Mrs Smiths husband Mrs Hall says
is serving a fve-year term for grand lar
ceny. Mrs. Hall charges Mrs. Smith with
threatening 10 shoot her II she persisted
in trying 10 regain Mr. Halls affections
and asserts that she keeps Mr. Hall away
from his home by similar methods. Mr.
Hall has an income Of $4,000 year. lie
formerly gave her 1870 month for her
support but now gives her only 500
which she maintains is not enough to
support her and her children.
Mrs Hall refused TO be seen last night
at her home in tie Cornwall Apartments
.oth street and Broadway. hut through
the son OF her attorney she ISSUED state
ment concerning tift case
According 10 this statement Hall intro
duced Mrs Smith 10 Mrs Hall in 1906
under the name OF Miss seaman.
though Mrs Hall alleges she was married
To Smith. who. she asserts. was then In
Sing Sing.
In isS. according To the statement. Hall
began to neglect his family. often re-
naming away from home for days at
time leaving Mrs. Hall and her children
alone Because Of her children. Mrs. Hall
says. she did not institute proceedings
for a divorce. hoping her husband would
return TO her. When she decided she
could not prevent his living with Mrs
Smith she applied for the injunction.