Marie was, no doubt, pondering over her frigid Olly's proposal, and making up her mind how to proceed, when another letter reached her. It was written in a bold, clear, round hand. It bore no date or superscription, but the envelope is stamped: "New York, Feb. 12, 12 o'c." The letter might have been written by a love-crazed Cassandra. It was as follows:
"You imagine me in Philadelphia. Not so. I am in the city, and will remain here until I accomplish the ruin and destruction of the old fool, your husband, and yourself. I have sworn revenge on you and I shall keep my oath. I do not care a damn for the old man. You expect him home to-night, but you will be disappointed. The old fool is trying to get a divorce from you now. My vengeance being accomplished I will leave the city, and not until then.
"With hatred and revenge, I am your enemy until death, LINA KIMBALL."
Mrs. Hazard had been acting under legal advice, so far as the discovery and proof of her husband's unfaithfulness were concerned. But determining upon a more active and aggressive warfare, she was prudently advised to intrust her interests to Messrs. Howe & Hummel. The conflict was speedily begun. On February 16th the first papers in the case were served upon Captain Hazard at his lawyer's office, 198 Broadway. On the same day Mr. Henry Stanton promptly gave notice of his appearance in Olly's behalf. On the twentieth of February, on the application of Howe & Hummel, an order of arrest was granted by Judge Donohue, on the ground that the defendant intended to leave the city, and that any order for alimony would thereby be ineffectual. On the following day the captain did leave the city for Boston, and registered at the Parker House. It is alleged that he was seen with Lena Kimball in the Hub; but the captain explained afterwards that he had not vamoosed on purpose—he had gone to inspect a ship, with the possible intention of buying a captain's share.
On February 28th, Mr. Stanton served upon Messrs. Howe & Hummel a copy of a petition and notice of motion returnable the third Monday in March. On the same day the complaint was served upon defendant's lawyer. Meantime, detectives were on the qui vive for Olly. They had his portrait on tin imperial size, and they had a lock of his hair in an envelope. There were certain lager-beer saloons in the vicinage of Sixth avenue and Sixteenth street he was said to frequent. A sharp lookout was kept on his brother-in-law, Bradbury, as well. On March 19th the sheriff tapped the distinguished son of Neptune on the shoulder and exhibited a momentous piece of paper. The captain took an observation and hauled down his colors as a free man. He was a prisoner and put himself promptly in tow. After a short run and a few tackings they ran into Ludlow Harbor, and all was made taut for the captain.
Next day the petition and motion was argued for the prisoner, by Mr. Stanton, before Judge Lawrence. Mr. Hummel opposed on behalf of Mrs. Hazard. It was argued that the alleged acts of adultery had been condoned; that the defendant had no intention of leaving the state; that when he separated from the plaintiff he went to live with his brother-in-law and mother; and that he went to Boston for the purpose already stated. The alleged pokerings and dirkings and pistolings were dilated upon. Esther, the spy, was denounced. It was affirmed that "on one occasion, when he returned," with the odor of the sea fresh upon him, "plaintiff had a baby." It has never been claimed that he was the father of it. Nor does he know who is the father. He has never been able to find out the paternity of that babe, "nor does he know who the mother is." Notwithstanding that he has been suffered to swell almost to bursting with ignorance of these bottom facts, he "has been forced to support it." He showed that Mrs. Hazard possessed diamonds and furniture and twenty-one building lots on Long Island; that she had been extravagant as to crayon portraits and carriage hire; that for the last-mentioned item alone her expenses for February had been about eighty-seven dollars. Wherefore, counsel argued, the court ought either to dismiss the arrest or reduce the bail from $6,000, at which it had been fixed. Mr. Howe had an equally affecting story to rehearse. He showed that Mrs. Hazard had been compelled, through her husband's neglect to provide her with money, to pay several visits to a relative of hers, to whom the adage "Blood is thicker than water" does not apply. With this personage she had left, for pecuniary considerations received, her diamond cross and other valuables.
The judge took the papers and, a few days afterward, ordered the parties to the suit to appear before a referee, who was instructed to take proof as to the defendant's ability to pay alimony, and to determine what amount should be paid. On the evidence taken before the referee, Lamberson, who died before the testimony was all in, both sides agreed on the question of alimony.
Thus far Mrs. Hazard's lawyers had carried all before them like an irresistible flood. They now turned their attention to Lena Kimball. Mrs. Hazard had not forgotten nor forgiven that face-slapping and hair-pulling in Ninth street. Lena's maledictory epistle had added brimstone to the fire. And so it came to pass that Messrs. Howe & Hummel brought an action in the Supreme Court against Lena for the assault and battery of their client. An order of arrest was promptly issued by the court, holding the ravishing young blonde in bail in the sum of one thousand dollars. After she had enjoyed the hospitalities of the warden for two days, the captain planked down a thousand dollars in the hands of the sheriff, and Lena was free.
Behold, now, how tribulation followed tribulation!
Two days after Lena had breathed the air of freedom, Mrs. Hazard and her lawyers went before a police magistrate, and had the fair creature arrested criminally for the same offense of assault and battery. Being produced, Mrs. Kimball gave the required bail to answer at Special Sessions. A fortnight afterwards the case came up. Lena pleaded guilty, and was fined.