Beattie had tried to get Mrs. Noxon on the stand to confirm the proof that Charity had spent the night away, but the old lady showed her contempt of the court and of the submarines by sailing for Europe to escape the ordeal. The chauffeur, the valet, and the Viewcrest servants were enough, however, to corroborate Skip Magruder's story beyond any assailing, and handwriting experts had no difficulty in convincing the jury that Jim's signature on the hotel register was in his own handwriting. He had made no effort to disguise it or even to change his name till the last of it was well begun.
Mr. and Mrs. Thropp made splendid witnesses for their child and the old mother's tears melted a jury that had never seen her weep for meaner reasons.
When Charity reached the stand the case against her was so complete that all her bravery was gone. She felt herself a fool for having brought the ordeal on herself. She took not even self-respect with her to the chair of torture.
CHAPTER XI
In the good old days of Hester Prynne they published a faithless wife by sewing a scarlet “A” upon the bosom of her dress. Nowadays the word is pronounced “co-respondent,” and it may be affixed to any woman's name by any newspaper, or any plaintiff in a divorce case.
So fearful a power was so much abused that since 1911 in New York the co-respondent has been permitted to come into the court and oppose the label. It is in sort a revival of the ancient right to trial by ordeal. This hideous privilege of proving innocence by walking unshod over hot plowshares is most frigidly set forth in the statute where the lawyer's gift for putting terrible things in desiccated phrases was never better shown than in Section 1757.
In an action brought to obtain a divorce on the ground of adultery, the plaintiff or defendant may serve a copy of his pleading on the co-respondent named therein. At any time within twenty days after such service on said co-respondent he may appear to defend such action, so far as the issues affect such co-respondent. If no such service be made, then at any time before the entry of judgment any co-respondent named in any of the pleadings shall have the right, at any time before the entry of judgment, to appear either in person or by attorney in said action and demand of plaintiff's attorney a copy of the summons and complaint, which must be served within ten days thereafter, and he may appear to defend such action, so far as the issues affect such co-respondent. In case no one of the allegations of adultery controverted by such co-respondent shall be proved, such co-respondent shall be entitled to a bill of costs against the person naming him as such co-respondent, which bill of costs shall consist only of the sum now allowed by law as a trial fee, and disbursements, and such co-respondent shall be entitled to have an execution issue for the collection of the same.
The exact amount of money was set forth in another place, in Section 3251, where it is stated that the sums obtainable are “for trial of an issue of fact, $30, and when the trial necessarily occupies more than two days, $10 in addition thereto.”