593 Riverside Drive - 23. Chapter 23

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.

What I particularly mean is how soon after the completion of whatever was done would the headaches begin.

I can’t honestly tell you. Sometimes, they seemed to begin when Joe was still with me. Sometimes, it was later in the night, when I couldn’t fall asleep. Sometimes, I’d simply wake up with one in the morning.

And how long would they last?

Again, it wasn’t definite. Sometimes, they’d last for as little as a an hour. Other times, they’d be with me all day.

Was there nervousness that accompanied the headaches?

Sometimes.

And the nervousness would disappear with the headaches I assume?

Not really.

Well, after a headache, how long would the nervousness continue?

As I’ve said, there was no rule.

Now, during that period which in your direct examination you said was as long as a couple of weeks, when there was no contact between you and your husband – no attempts at intercourse – you had neither nervousness nor headaches. Is that correct?

No. Those couple of weeks only started when we were in Asbury Park last summer and lost some of our privacy. By then, I was almost always nervous and especially had evening headaches – because I never knew when Joe would come to my bed. But when we were first married, I thought that whatever was happening with Joe would soon change, so I wasn’t worried. Though once I realized the attempts would always be unsuccessful, I began to be nervous. And with the nervousness came the headaches.

In other words, you felt distressed. Is that it?

Yes.

And you have described “distressed” as nervousness?

I was also listless and couldn’t concentrate.

How long would it last before it passed away?

Again, after a time, it never did.

Now you stated in your direct examination that you were accustomed to relieve yourself by rubbing your body along Mr. Spingarn’s leg. Is that true?

Yes.

And you would voluntarily rub your body against his leg?

Yes.

You did it of your own free will and accord?

Yes.

Did this relieve the headaches and your nervousness?

A bit.

And how long did you continue this movement of your own – this voluntary movement of your own – of your person against Mr. Spingarn’s leg?

In minutes? Or do you mean in months? Because it continued throughout our marriage – until the time I left our apartment. It seemed like the only way I could get some partial relief.

From the headaches and the nervousness?

More from my unfulfilled excitement.

Yesterday, you recalled that the subject of Mr. Spingarn seeing your doctor, David Felberbaum, was discussed. Did you not?

Yes.

And did you, at that time, also discuss your own going to see Dr.Felberbaum – about your distress.

No. We didn’t.

Is there a reason you did not?

It seemed to be Joe’s concern – at least, he seemed to think it was. And he seemed to feel it was something that could be remedied.

Though later, you had yourself examined by Dr. Gregory, I believe?

Yes.

Why did you do that?

It was the suggestion of several of the lawyers – before I chose Mr. Steuer to represent me.

Was this after you had separated from Mr. Spingarn? After you left Mr. Spingarn on October 25th, 1924?

After I left on October 28th. Yes.

And your examinations by Dr. Casamajor also began at this time?

No. Those began some months later – in January.

Did you see these two doctors – and the various others – before or after you commenced suit for separation against your husband?

I saw the doctors before. Joe and I were still considering separation.

But the fact was that you had already left him.

We were temporarily living apart. But we saw each other almost every day.

Because of the child – the boy?

Laurie. Yes.

And did you still have your headaches? Your nervousness? Your listlessness and distress?

They were beginning to ease.

But they were not completely gone?

No. And they still aren’t.

Then how was it, if you were still suffering as you say, in the two months after you left Mr. Spingarn – November and December, 1924 – that you did not immediately go to see these doctors?

Because I didn’t feel that was necessary. I was still being treated by my own doctor, David Felberbaum.

Did he give you any medicine when you saw him?

No.

Did he give you any prescriptions by way of treatment?

No.

Did he do anything for you at all?

He told me to rest and take care of myself. He treated my nerves by talking with me.

Merely talking?

Yes.

Did it help?

Somewhat.

How long did he treat your nerves this way?

Until after Christmas – after New Year’s Day. Then, I began to see the other doctors – the recommended specialists.

These were doctors referred by Dr. Felberbaum?

In the beginning. Some were later recommended by the other specialists.

And after they had talked to you, did your nerves feel better or worse?

They began to feel better.

But you still had your headaches and your nervousness?

As I said, they were lessening.

Now when you were at Asbury Park – after you had returned from your honeymoon – you played golf with your husband?

Yes.

You were an enthusiastic golf player, were you not?

Yes.

And so was he, was he not?

Joe was just a beginner.

And he was an enthusiast – he was at it more or less constantly?

Not so much.

And did you both play tennis?

No – neither of us.

What were your other summer sports besides golf?

We went bathing.

You and your husband went bathing together?

Yes.

What else?

We walked.

Did you write to your daughter – to Laurette – or to any member of your husband’s or your own family as to what your summer amusements consisted of?

Yes.

That second summer, you also went to Asbury Park with your husband?

Yes.

And you had the same outings with him?

Yes.

Played golf. Went bathing. Went motoring.

Yes – I had learned to drive.

And your husband was still an enthusiastic golfer, was he not?

No. He just played.

Did he show any improvement in it?

I can’t say that he did.

Now, will you look at this letter of July 21st, 1923. It consists of four leaves, or eight pages, and all of it is in your handwriting, is it not? And it is addressed with the words “Dearest Daughter.” Is that right?

Yes.

[To the court] I offer it as evidence.

Judge Crain: Accepted.

Mr. Lewinson to Ella: Now when you took the automobile test mentioned in this letter, where was it taken – some place in Asbury Park?

Yes.

And they had an inspector there to see that you went through it properly?

Yes.

And you had to start suddenly, and stop suddenly, and had to turn, and back up, and do any number of different things to meet possible emergencies that the inspector told you to do? Is that right?

Yes.

And you did them very well, did you not? You got eighty percent.

Yes.

Were you nervous?

Yes.

And did you have a headache?

I was actually more nervous about the test.

Judging from this and other letters to your stepdaughter, you were having a very delightful summer, were you not?

Yes. It was a lovely summer.

And, indeed, that was the situation that existed during your second summer there, too – your second summer as a married woman, because I know there had been many vacations there before. You had a very delightful summer in 1924.

I had headaches, and I was nervous, but I did all those things to divert my mind.

You played golf to divert your mind?

Yes.

You took your automobile test to divert your mind?

Yes – practically everything I did.

All to divert your mind?

Yes.

Therefore, it was a combination of enjoyment and diversion? Is that right?

Yes.

In New York, you were kept pretty busy, too, were you not? In your social and other diversions?

I tried to stay distracted.

Well, you were busy nearly every day – doing something in the way of diversion?

Yes.

You were either shopping, or going among your friends, or going to a play, or going automobiling, all during the winter, were you not?

Yes.

You were well enough to do that every day?

Yes.

Not only with your husband but with friends, too.

Yes.

Friends would also visit in the afternoons and evenings, and you would give lunches and dinners, would you not? And you were fond of doing that? You entertained your friends, and your husband’s friends, and your relatives, and his relatives? And you kept that up continuously?

Yes.

Will you look at your weekly calender reminders for 1923 and 1924 and state whether those are memorandums made by you at the time?

Yes. They are all my appointments.

You may take your time.

I don’t need to. I’m familiar with my appointment books.

They are all in your handwriting?

Yes.

[To the court] I offer them as evidence.

Judge Crain: Admitted.

Mr. Lewinson to Ella: Now, you might want to follow me in your books and see if what I pick out is correctly represented. Let’s start with the 16th of January, 1923, five months after your marriage.

Yes.

You have a memorandum there that you entertained your friends, Mr. and Mrs. Mallamon, do you not?

Yes, Ella and Harold. Ella and I share a name.

Now, three days later – January 19th – you entertained your cousin and sister and brother-in-law?

Yes. Eleanor and Lee and Arthur.

And on the next night, January 20th, you saw the play called The Seventh Heaven.

Yes.

And two nights after that – on the 24th – you called on the Cohens – Mr. and Mrs. Jesse Cohen’s family.

Wouldn’t that be four nights later?

That is right.

And, yes, Jesse and Louella invited Joe and me for dinner.

And on the afternoon of that same day, you entertained three ladies – a Miss Greenwald, and Miss and Mrs. Wasservogel.

Nan and Gae and Emma. Yes.

And a Mrs. Pecora.

Florrie.

And your sisters.

Nellie and Rose.

And then on the 27th, you had Dr. Ally’s wife call.

Yes. Bernice wanted our grandmother’s Passover macaroon recipe. I noted that here.

And on the 28th, you went to Bensonhurst and visited a cousin of yours, a Mrs. Warburg, with Lee and Arthur.

Elizabeth. Yes.

Who were Lee and Arthur?

Again, they’re my sister and brother-in-law.

And on February 6th, you have an item, “Spent a day with Joe.”

Yes.

“Joe” was your husband, Mr. Spingarn?

Yes.

And then four days after that – on the 10th – you went to the theatre with Laurette.

Yes. That was a matinee.

And then four days after that, you went to the theatre with your husband.

Yes, but to a different play.

And then, three days after that, you went to the theatre with a Miss Rosenbaum.

Yes. Marie. Again, a matinee.

Then shortly after that, on February 19th, you went to the theatre with Joe.

Yes – again, my husband.

And the next day, you called on the Wohlman girls in the evening. Is that right?

Yes. Francis and Dorothea.

And then a few days after that, on the 21st, your cousins Esther and Leopold called at your home.

Yes – in the afternoon. They wanted to see our new apartment, and then I persuaded them to stay for dinner.

Now let’s move forward a little – to April 8th. The entry says, “Ira’s birthday. 88 years old.” Now who is Ira?

Joe’s father – my father-in-law.

The elder Mr. Spingarn?

Yes.

Eighty-eight. That was quite an occasion, was it not?

Yes. But Ira insisted we celebrate only among our family – Joe, Laurie, Laurette, and me.

So not a large party?

No. Ira prefers them to be simple.

Is there a reason?

We all come from very large families, and there are too many names for him to remember. Instead, we baked a special cake, and Ira reminisced about his early life – telling us what it was like when he came from Russia. Joe said afterward that Ira’s told him those stories on many occasions.

Now let us move forward again. On May 9th, your memorandum states, “Left for Atlantic City with Joe.” Is that correct?”

Yes. That’s when the photograph you showed me yesterday was taken – on the boardwalk.

You stayed several days then?

We stayed a week and returned home on the 16th. That morning, Ray – our chauffeur – took Joe to his store in Jersey City, and then Ray and I returned to the city.

Was your stay at Atlantic City at your suggestion or Mr. Spingarn’s?

Joe’s. He’ll take almost any opportunity to travel.

Now on the very next evening, you and Mr. Spingarn went to see your Aunt Minnie, is that right? And it is jotted here, “Day I met Joe at Aunt Minnie’s one year ago.” That was a sentimental reminder of your courtship, was it not?

Yes.

Now on the 19th of May, you went to the theatre with Lee and Joe, did you not. And Lee was your cousin, and Joe is Mr. Spingarn.

Again, Lee is my sister.

Now under May 30th, it reads, “Decoration Day. Out to ride with Joe to Rye Beach with Lee and Arthur.” Were there other people in the party on that day?

Laurette and Laurie were along. Ira was invited, but he preferred to stay out of the sun. Ethel was also invited, but she and Howard went on the Circle Line cruise to Bear Mountain with some friends.

Still, quite a party.

It was another lovely day.

And in the evening, you went to Tappan’s at Sheepshead Bay, and then you all went to Luna Park, did you not? This was all done by motor?

Yes.

Your husband’s motor or your own?

We drove in the larger automobile – Joe’s.

And on the next day, you went to the races with your husband, and then after the races, you again went to Tappan’s at Sheepshead Bay?

Yes.

Now, were you nervous at the races? And did you have any headache’s at Tappan’s when you were having supper in the evening?

Simply because I was out with Joe and our family doesn’t mean I was feeling well – never completely.

Now moving ahead again, on June 23rd, a Saturday, you and Mr. Spingarn went to Long Branch?

Yes. If you look further down, you’ll see it was to attend the Davis wedding.

Did you remain there that night and come home the next morning?

Yes. We stayed through part of Sunday for a breakfast and a luncheon.

Did you motor down?

Yes.

Did you run the motor yourself?

No, Ray, our chauffeur, drove, and we took our larger car because Ira – Joe’s father – was with us.

There is no notation of that. Did he ask to go along?

It was his grandson who was getting married. Laurette was also with us, but we decided Laurie was too young – he was just six years old – and he was disappointed.

Then on the 28th, you all went down to Asbury Park for the summer. Did you motor down, or did you go by boat and train?

We took both automobiles.

And under July 5th, it says, “First day bathing at Asbury.”

Yes.

You were very fond of bathing, and you went in as soon as you could, didn’t you?

Yes.

And did your husband, and the boy and girl, and their grandfather bathe on that occasion, too?

Yes. Laurie was never allowed without Joe, Katie, or me.

Who is Katie?

Laurie’s nursemaid.

And in the evening, you went to Price’s and to Ross Fenton’s Farm? You took in several of these inns and cabarets?

They’re just inns – not cabarets.

They don’t have any dancing there?

Yes, they do.

Did you dance at Price’s?

Yes.

Did you dance with your husband?

Yes.

Did you dance with his father?

Yes.

Did you dance at Ross Fenton’s Farm?

Yes.

Were you nervous when you danced at these inns?

As usual. But I tried to ignore it.

And did you have headaches?

Again, I tried to do the same.

Well, that was a pretty full day, was it not?

Yes. We were especially busy.

And on the following morning, the 6th of July, you and Mr. Spingarn became members of the Asbury Park Golf Club?

Yes.

And that evening to celebrate, you drove to Seabright?

That wasn’t to celebrate. Joe and I were having dinner with my mother and father, who were visiting.

And did you go to a hotel at Seabright?

Yes. That’s where we had dinner.

And did they have dancing?

They normally do.

And did you dance?

Yes – with Joe and with my father.

And were you nervous? And did you have headaches?

I simply tried to forget them.

And on the 11th, you played nine holes. Did you play them with your husband?

Joe played the first nine with us. Then I continued to play the other nine with our friends.

And did you have lunch at the club?

Yes.

And in the evening, you recorded the birthday of the boy, who was six years old.

Yes. Again, we had a small party, and Laurie was pleased with his cake and the candles – and with his presents.

Were you nervous and did you have headaches at the birthday party, especially after playing eighteen holes of golf and then having afternoon luncheon with friends?

I was always aware of having a headache. But they’re often more bothersome in the later evening, as it gets closer to time for bed.

Well, now, on the 16th, you drove...

Judge Crain: Mr. Lewinson. In as much as this exhibit – Mrs. Spingarn’s appointment books, one of which she holds in her hands and has testified that all the entries are in her handwriting, and that she did not put anything down that did not happen – I do not know that it serves any useful purpose to go over each book in this oral testimony.

Mr. Lewinson: Very well, sir. I will not pursue it any further.

Mr. Steuer: So far as I am concerned, I will raise no question as to the accuracy of the entries. I am willing to concede their accuracy.

Judge Crain: Good. Then in consideration of the time, we will adjourn until tomorrow morning, May 14th, at 10:15 o’clock.

Mr. Steuer: Your honor, Dr. Casamajor would like to leave a day early for the weekend, and if we are not already finished with the examination and reexamination of Mrs. Spingarn, I would like the privilege of examining him at 2 PM.

Mr. Lewinson. I am agreeable.

Judge Crain: Then very well.

Mr. Steuer: Thank you.

Judge Crain: Court is adjourned until tomorrow at 10:15 AM.