RichEisbrouch

“That deflated some of Lewinson’s bluster,” Pic began. “And he weakened his case,” my father added, “when he went after Ella’s family.” “It certainly didn’t help,” I agreed. “Also, it’s foolish to think that you married Joe for his money,” Florrie told Ella, “and now are reluctant to leave him. Especially since you started the proceedings.” “And you’re not asking for a settlement,” my mother contributed. “You just want to end you marriage.”

Both Anna and Ella's charge accounts, and probably Laurette's, were all billed to Joe, so the women were easily able to charge on them. That's the way the system worked for years.

Thursday, May 14, 1925, 10:15 AM Ella continues to be cross-examined by Benno Lewinson. Mr. Lewinson: How were your people circumstanced – I mean by that your father and mother. Were they poor people? Ella: No. We were comfortable. My father had a business. But you have already said that you had no servants, or luxuries, or anything of that kind, did you not? I said we had no full-time servants. And we had comforts, but not the extravagances Joe gave me. What

Yep, and again thanks for your help.

Lewinson might be thinking of either goal, since from his point of view, they accomplish the same thing.

“So that’s not even the end of your testimony?” Howard asked Ella. “No. As far as I know, it continues in the morning.” “At least, you also know that Dr. Casamajor will be the witness in the afternoon,” Lewis reminded her. “Yes. That will be a relief.” “But you can be called back?” Essie questioned. “I believe so.” “Though not about your appointment books,” I noted. “Judge Crain finished that.” “Yes.”

Benno Lewinson is very carefully building a case against Ella, and this part of it centers on the headaches and nervousness, not the sex. He thought he needed to be extremely detailed, to question how Ella could be so socially active all the time and then insist she was incapacitated. Finally, Judge Crain says the equivalent of, "Yeah, I get it," and Lewinson immediately backs off. His job is done, and he turns out not to be as stupid as you want him to be. Also, on the witness stand, Ella recognizes this shift in Lewinson, away from merely being intrusive and rude, and after two days is more comfortable being in court and begins to overtly fight back. In addition to continuing to correct his mistakes, she contextualizes his details for Judge Crain and humanizes Lewinson's more formal questions, easily providing first names for all her friends rather than the last ones Lewinson is using. So for the first time, the trial becomes a more even battle between Ella and Lewinson. There's a lot going on in this chapter.

Wednesday, May 13th, 1925, 2:00 PM Cross-examination of Mrs. Ella Spingarn by Benno Lewinson continues Mr. Lewinson: In your direct examination this morning and yesterday, you stated that after this intercourse you described, you suffered from headaches. Ella: Yes. After our attempts at intercourse. Well, we are both addressing ourselves to the same thing. Now, when would these headaches begin? They’d begin after Joe tried to get an erection, and it wouldn’t last.

Fortunately, that's the worst Benno Lewinson gets. He's still intrusive in the upcoming trial chapters, but the material he's handling isn't as personal. And, yeah: you can see the family and friends Ella gets her strength from. Again, thanks for reading along.

“That was brutal,” my father almost apologized. “Yes,” Ella said. “It made me not want to eat any lunch.” “And then you had to go back into the courtroom,” Mama reminded us. “Were you still being cross-examined?” Essie asked. “You’d think Benno Lewinson would have run out of questions.” “No,” Herbert jibed. “He has Joe’s determination with the same lack of results.” My father ignored that. “How many answers does he nee

It's a very creepy situation, which is one reason my great-aunt never talked about it. The other reason being my sister and I were still considered kids. But my sister was as appalled recently when she found the original, very long transcripts, and you're just getting the main arguments. Though they show how very difficult it was to get even a friendly divorce.

Wednesday, May 13, 1925, 10:15 AM Cross-examination of Mrs. Ella Spingarn by Mr. Benno Lewinson continues Mr. Lewinson: Do I understand you to say that on your honeymoon when you arrived at the Taft Hotel and retired with your husband that he did or did not make an attempt to have sexual intercourse with you? Ella: We didn’t try. We lay in bed, comfortably holding each other, and joked about it and kissed, but we both admitted that we were too tired. And that night was, th

Thanks. It's fun to hang out with these people and listen in. And next time, the group expands slightly.

“That would be insulting if it weren’t so hysterical,” Herbert continued. “It’s hard to believe that man has a license to practice,” Essie added. “He seems more like a village idiot.” “To be fair,” my father countered, “Joe said that Benno only occasionally handled divorce cases.” “Then why did Joe choose him?” Mama asked. “He wanted someone he knew,” Papa offered. “Someone he was comfortable with.” “Well, he’s not making Ella com

Oh, it gets way worse -- and longer. Benno Lewinson likes to talk. This was just a comic break.

The Douche Bag Oratorio Mr. Lewinson: When you arrived at the Taft Hotel at New Haven, did you have with you in your bag or in your trunk or valise or whatever receptacle there was, did you have with you a douche bag, and did you have an antiseptic like Lysol to put in the water? Ella: I didn’t have Lysol. But you did have a douche bag, did you not? Yes. Have you ever used Lysol in the douche bag? No. Lysol has never been purchased? It’s been in the hous

Yep, that seems to be one of Herbert's purposes in life.

“What an afternoon,” Essie offered, as we started to eat our desserts. “And it wasn’t over,” my mother reminded Herbert’s wife. “No,” Ella added. “I wish it had been.” “Benno Lewinson certainly wasn’t as precise as Max Steuer,” I pointed out. “If he played baseball,” my father commented, “he’d be accused of ‘hitting all over the field.’” Ella smiled. “Still, the first hour-or-so was the easiest part of his questioning – because his

If it were just to end the marriage today, those simple statements in court might do it. But laws were obviously different in 1925, and there's also money to consider -- a lot of money. Even if Ella insists she doesn't want it, Joe's lawyer wants to make sure of that.

Cross examination by Mr. Lewinson. Tuesday, May 12, 1925, 2:00 PM. Lewinson: You had known Mr. Spingarn's family for about how long prior to the time of your marriage with him? Ella: I knew Joe since I was a little girl. His first wife, Anna, was my second cousin – my grandmother’s niece. And you knew him then during the time that he was married to his first wife? Yes. And I believe, Mrs. Spingarn had lived for about fifteen years after that marriage? Yes

That certainly seems to be the way the case is being built, and that's from Ella's lawyer. We'll have to see what happens next, with Joe's.

“That was quite a morning,” Herbert began at dinner. “And Steuer went right to the medical information – everything that was personal.” “Yes,” Ella agreed. “Though he warned me he’d have to do that. He said our bedroom was, unfortunately, the center of his argument.” “I’m still amazed you could say all those things,” my mother admitted. “And in front of strangers, and in a courtroom. I couldn’t have,” “There weren’t that many people I didn’t know,” Ella poi

And it took another 44 years -- 1969, in California, by then Governor Ronald Reagan -- to establish no-fault divorce.

The first day of the trial, May 12, 1925. Ella Spingarn, Plaintiff, vs. Joseph Spingarn, Defendant. Mr. Max D. Steuer appears for the plaintiff, Ella Spingarn. Mr. Benno Lewinson appears for the defendant, Joseph Spingarn. Before Judge Thomas C. T. Crain. Ella Spingarn, the plaintiff, called as a witness in her own behalf, being first duly sworn, testified as follows: Direct examination by Mr. Steuer. Mr. Steuer: On 23rd of August 1922, in this city, you were

Yep, lots of stuff we forget. Here, you might have to be old enough to have had grandparents living as adults in the 1920s and then remember what they said. You might also have to pick past anything you learned and mislearned about The Roaring Twenties and the stock market crash and its aftermath and get to what daily life was like for many people. So I'm using some memory, some research, and some inferred imagination.