New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-12
Husband III, but Cornwall
Nature Kept Feet Going
as Servant Sang.
RUM AND CIGARETTES
PUZZLE JUSTICE
Witnesses Say High Balls Helped
Deputy Prosecutor and Did
Not Make Him Cruel.

After hearing more contradictory
testimony in the separation suit Of Mrs.
Frances Buzby Mccormick against Rob
crt c. Mccormick, Deputy Assistant
District Attorney, Justice Blanchard
yesterday set next Tuesday for the
fling of briefs
according to the testimony, decision
will not rest so much on the conflicting
evidence concerning the issues on which
the action is based or McCormick's OBJ
jections to the promiscuous cigarette
smoking OF his wife, but in the col
lateral issue raised by the wife's allie
cation that her husband overdrank and
when in that condition was guilty Of
the cruelty charged by her.
Mrs. Mccormick did not deny smok-
ing cigarettes, even in public places,
ror did Mccormick deny imbibing alco-
holes, mostly Scotch highbals; some
times ne had four and sometimes five.
But these did not, the husband con-
tended, make him morose or sullen
and pu. him in a state Of mind in which
he might be inclined 20 give vent 10
his spirits. On the contrary, it is the
contention of the deputy prosecutor
ira; he was quite amiable after having
partaken of the said highballs.
Justice Blanchard, who will decide
the case, not only had the defendants
word for this, but Mccormick produced
as his witnesses three Of his colleagues
in the District Attorneys Office to bear
him out. One Of these. who also drinks
five or so highballs when he feels that
way. made the declaration that these
have q tendency TO stimulate the men
tai faculties and sharpen ones intel
lectuality.
All these witnesses found Mccormick
an amable person when drinking.
Mrs. Mccormick, who again took the
stand yesterday, said that one day in
February or March, 1913, while the
family lived in West Eighty-third
Street, Mccormick did not go to his
Office because Of indisposition. He arose
about II o'clock that morning. A little
later. said his wife, she found him in
the kitchen dancing jig to the time
of an Irish tune, sung by Jennie Kiely,
the maid while Catherine Davis, the
negro cook, was clapping her hands and
stamping her foot in old plantation
fashion. All of which testimony was
given to show the convivial nature Of
Mccormick.
Mirabeau L. Towns. counsel for Mrs.
Mccormick, had an original idea about
the staff dinners given by the attaches
of the District Attorneys office.
"Now, isn't it fact" he asked Stan
lev VI. Richter, of the District Attor-
ney's force, that they were called
staff dinners because Of the need OF
crutches or stats by the. diners IN
order for them to get out of the dining
room?"
When the laughter had subsidized, Mr..
Richter replied: THAT is not why they
are so called. They have always been
given in honor of our chief"
Thomas Press, Assistant District At
torney. was the witness who expressed
the belief that highballs improved the
mentality.
as Mr.. Mccormick a one bottle man
or a two bottle man." asked Mr..
Towns
Beer is my favorite beverage, that
is. when ! am alone" said Press. When
I'm out with Mr.. Mccormick like
Scotch highballs. They improve the
mentality" go,
How many highballs can you stand ~
Never kept track. I've known my
self TO take six, and me only thing |
noticed was that | was much better
off intellectually"
Robert S. tombstone, another AS
sistant District Attorney, did not quail
fy as an expert witness. because, as he
said, he did not drink. Clifford Boese,
a clerk of the Supreme Court, testified
to seeing Mccormick drink highballs,
but they did not affect him unfayorably.
In fact, Mr. Boese knew of a person
who could drink two bottles of Scotch
whiskey without it making great
change. The witness was cautioned by
Justice Blanchard not 10 mention the
name of the man he referred to.