The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-11
SEALED VERDICT IN
OLD Pop CAREY SUIT
Mrs. TOlcr Says She Tore Up
Bushels and Bushels Of
Love Letters.

The Jury before supreme Court Jus
t!ce Philbin. which has been hearing the
$500 alienation suit brought by Mrs.
Elizabeth carey against Mrs, Minerva
Il. Toler over the affections o. Patrick j.
Carey. known as odd Pop" retired TO
consider the case shortly betor. i
o'clock Yesterday afternoon. ~ i
o'clock II was announced that the JuAo@
were nowher. near an agreement. so a
sealed verdict vas ordered for Monday.
Mrs. Toler vas unde cross-exair!na-
ton for several hours yteterday by
Jaries 4. Hughes. attorney for Mrs
Carey. and although scvera! hundred love
letters and kilograms sent by her TO
Carey were read to her she insisted that
all We're dictated By Carey and that she
WAS under sentence OF death" so she
had 20 write them.
Questioning Mrs. Toler concerning a
number Of amorous verses In her letters
10 Carey. Nj. Hughes said 'lt seems
tram that a woman threatened with
death, as MIS-. Toler contends she was
would write afectOnate. sympathetic
notes 10 the mar she feared" Mrs, Toler
explained II ~ follows:
II never wrote Carey II poetry. II
! did I was under his control and he
made me do il. He was the poet. When
j USED 10 KO Sktl'Ik Win nun ne Woulu
tear sonnets out OF Tom Moore's books
and slip them into my n I didn't
Ike Il, because ! was out TO skate and
not TO read poetry on the ny, That
isn't the way poetry should be digested,"
Mr.. Carey wasn't standing over you
with a gun when you wrote these letters
and kilograms, was he"" asked Mr..
Hughes.
NO. he wal in New York and ! was
In Rhinebeck "A great lei Of the time,
but still I was under his influence. I
WAS afraid he would carry out his threat
TO take "A train and come up from New
York and murder me II I didn't do as
he told me. That man wrote me bushels
ard bushels OF love letters. hut when
got them I would tear them up. ON
times my maid would ave " or three
waste baskets full OF his love notes 10
bur- n"
When Mrs. Toler was asked n she
could tell wher. Carey Is now she re-
Piled How should ! know? HIS wife
is suing me for alternating his affections.
Why doesn't she produce him In COURT
Isn't It n fact Mrs, Toler was asked
that shortly after you met Carey you
showed him a bundle Of love letters writ
ten TO you by Joseph Connery. Vice-Con.
sui to Russia. and that you told hin
you were going to send them back. and
did send them back. because Carey was
the only nan YOU loved''
Certainly not
, Mrs. Toler insisted that when she
made her 'surprise' visit to Carey a,
Springfield, Mass. on 81. Patrick's Day
1914. she remained In the railway sta.
, ton. She denied that she took two
rooms at the Kiinball House. where
Carey was staying. She angriiy denied
: that he was In her room there until 1
A.. NJ, and that they returned to New
York together and went to her apart
ment,
, When asked what "a. O. T. j." meant
In one of her letters. Mrs. Toler said
"You would better ask the author. III
, Knows" When asked II II didn't NEAR
always on the lob" Mrs. Toier said
she couldn't tell.
william J. Norris. attorney for Mrs
Toler. in summing up pointed TO tn,
fact hat Carey has not been in court
although II has been charged that tn,
suit against Mrs. TOler was not brought
IN good faith and that he has been OF
friendly terms with his wife lately. II,
said Mrs. Toler tried her best to rid
herself Of Carey when he "buttcd in
bur couldn't.
In charging the jury Justice Philhir
said that II they found that Carey wa,
not In love with his wife when ne me
Mrs. Toler they must return a vcrdic'
for the defendant. even though the,
were together q great deal and wert
IN love with each other.