McNiven prepared a motion to confirm the report of the referee and took it to Tessier, who accepted service for his client. McNiven then went to the county clerk and filed a notice that the motion would be called up the next morning. The clerk put it on the calendar of Special Term, Part III.
The next morning McNiven appeared before Justice Palfrey, submitted his motion, and asked for an interlocutory decree. He left his paper with the clerk. During the afternoon Justice Palfrey looked over the referee's report and decided to grant McNiven's motion. In view of the prominence of the contestants and since he had heard of Charity's good works, and felt sure that she had suffered enough in the wreck of her home, he ordered the evidence sealed. This harmed nobody but the hungry reporters and the gossip-appetite of the public.
McNiven was waiting in the office of the clerk, and as soon as he learned that the judge had granted the motion he submitted the formal orders to be signed. The clerk entered the interlocutory decree. And now the marriage was ended except for three months of grace.
The first day after that period had passed McNiven submitted an affidavit that there had been no change in the feelings of the parties and there was no good reason why the decree should not be granted. He made up the final papers, gave Tessier notice, and deposited the record with the clerk. Justice Cruden, then sitting in Special Term, Part III., signed the judgment. And the deed was done. Mrs. Cheever was permitted to resume her maiden name, but that meant too much confusion; she needed the “Mrs.” for protection of a sort.
The divorce carried with it a clause forbidding the guilty husband to marry any one else before five years had passed. But while the divorce was legal all over the world, this restriction ended at the State bounds.
So Peter Cheever and Zada L'Etoile went over into the convenient realm of New Jersey the next morning, secured a license, and on the following day were there made man and wife before all the world. This entitled them to a triumphant return to New York. And now Peter Cheever had also done the honorable thing. This “honorable thing” business will be one of the first burdens dropped by the men when the women perfect their claim to equality.
In about two weeks a daughter was born to the happy twain. Thanks to Charity's obliging nature, it was christened in church and accepted in law as a complete Cheever. Mr. and Mrs. and Miss Cheever now began to live (more or less) happily ever after (temporarily).
Altogether it was a triumph of legal, social, and surgical technic. It outraged many virtuous people. There was a good deal of harsh criticism of everybody concerned. The worthies who believe that divorce is the cause of the present depraved state of the United States bewailed one more instance of the vile condition of the lawless Gomorrah. The eternal critics of the rich used the case as another text in proof of the complete control that wealth has over our courts, though seventy-five divorces to obscure persons were granted at the same time without difficulty, with little expense and no newspaper punishment.
Dr. Mosely wrote Charity a letter of heartbroken condemnation, and she slunk away to the mountains to escape from the reproach of all good people and to recuperate for another try at the French war hospitals. She had let her great moving-picture project lapse. She felt hopelessly out of the world and she was afraid to face her friends. Still, she had money and her “freedom,” and one really cannot expect everything.