593 Riverside Drive - 15. Chapter 15

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 married to Mr. Spingarn?

Ella: Yes.

And prior to your marriage had you ever been married before?

No.

What had been the condition of your health prior to your marriage?

I had always been well.

After you were married, did you and Mr. Spingarn go on what is ordinarily called a honeymoon?

Yes.

And where did you go?

We went to New England and Canada.

How long were you away on that trip?

Three weeks.

During those three weeks were there any sexual relations between you and Mr. Spingarn?

None.

And during those three weeks did he made any effort to have any sexual relations?

He tried.

And would you just tell us what happened, what was done? Try and tell us with as much detail as you can.

He tried to have intercourse, but he could not do anything.

Did you retire to the same bed? Did you occupy the same bed, you and Mr. Spingarn?

Yes.

I am now speaking of the three weeks in which you were on this trip?

Yes.

And did you every night occupy the same bed?

No.

What kind of beds did you have then?

Sometimes, they were twin beds, and sometimes they were not – we traveled from place to place.

And in such cases where there were double beds, you and he occupied the one bed during the whole night. Is that correct?

Yes.

How long did those efforts on Mr. Spingarn's part at any one time during one night continue when he tried to have sexual intercourse?

Sometimes we would go to bed at eleven o'clock, and he would try until two or three o'clock in the morning and could not do anything.

And on any of those occasions there was no result?

No.

When you came back from the honeymoon, where did you go, you and Mr. Spingarn?

We had a summer home in Asbury Park.

Where was your regular residence?

At 88 Central Park West.

And what kind of building is that?

It's a large apartment house.

Where in that apartment building was your residence?

We had a duplex apartment on the second and third floors.

Was it a furnished apartment?

No. We had furniture.

Do you mean that Mr. Spingarn furnished it?

He and I did. Together.

And it was very nicely furnished, wasn't it?

Yes, beautifully furnished.

Did you have servants?

Yes.

Whom did they consist of? I mean what were their occupations?

We had a housekeeper, a cook, a housemaid, a nursemaid for our eight-year-old son, and a chauffeur.

Did you also have an automobile?

We had two automobiles.

So that your comforts from the point of view such as money could buy were very well taken care of and supplied, were they not?

I had everything.

Now we will leave the residence in Manhattan for a moment and go to Asbury Park. Where did you stay at Asbury Park?

We had a house at Wanamassa.

What character of home was it?

Well, it was not our own home. We had rented it. It was a very pretty home on the lake.

And very well furnished?

Yes, very nicely.

And down there, did you also have those conveniences and comforts you have spoken of?

Yes.

Servants, automobiles, chauffeur?

Yes.

And whatever was in your heart’s desire was supplied?

Again, I had everything.

When you came back from your honeymoon] trip, I do not recall whether you said you went to Asbury Park or whether you went to the Central Park West apartment. Which was it?

I went to the Asbury Park home, but Joe first went to New York.

How long did you remain down at Asbury Park?

About a month.

During your stay there where was your bedroom located?

Our bedroom overlooked the lake.

So did you and Mr. Spingarn occupy the same room?

Yes.

And with relationship to the beds, were they twin beds?

They were. Joe said he’s always been a little round, so he sleeps better alone. I’ve almost always slept by myself but was looking forward to sharing a bed.

And during the month that you were at Asbury Park, will you describe what took place, if anything, in the way of sustaining sexual relations or attempting to sustain sexual relations? Have I made myself clear to you? I want to know what you and Mr. Spingarn did in the way of living as husband and wife.

We had no relations.

Were relations tried or attempted?

Yes.

How did that come about? Did you visit Mr. Spingarn's bed, or did he visit your bed, or did you both retire to the same bed when you went to bed?

Joe visited my bed.

And then what happened?

He would try to have intercourse and could not.

Will you be good enough – we will have to ask you to do that – to tell us what Mr. Spingarn did and what you did, if anything, when you were trying to have intercourse.

He used his fingers, and I would relieve myself at times when he could not do anything.

How much time would you spend in trying to do something naturally before anything else was tried?

Hours.

And how often did Mr. Spingarn make the attempt to have sexual relations with you?

Well, there were times when he would not try at all, because for a week-or-two at a time, he did not really seem to know that he had a wife.

We don't know what you mean by "a week-or-two at a time." Tell us what you mean – what period of time?

In the beginning of our marriage, Joe would try almost every other night. After a while, he drifted off to maybe once a week. The longest period was probably two weeks.

And during those two weeks, he did not even try to have relations?

No.

But other than that, were things agreeable between you – I mean, did you ever fight about anything?

No.

And then, when he would try again, what would happen?

I became nervous and had headaches because he could not do anything.

Prior to those attempts on Mr. Springarn’s part to have a sexual relations, had you had these headaches?

No. Never.

And were you nervous in that way before?

No.

Now from Asbury Park, where did you go, you and Mr. Spingarn?

We went to New York.

By that, do you mean you went to your new apartment?

Yes.

And how long did you remain in the apartment before you left?

About two years and two months.

And during those two years and two months, besides going to Asbury Park, did you go to any other places with Mr. Spingarn?

Yes. We went on different trips at different times.

And on those trips were the same attempts made by Mr. Spingarn?

Yes.

And with what success?

None whatsoever.

During those two years and two months, have you ever had sexual relationships with Mr. Spingarn that were consummated?

No.

And with respect to the headaches, what happened as to the headaches as time went on?

After I left, I didn’t have any headaches.

But I’m speaking of the time when you and he were together, and when those attempts were made by him.

Oh. I was in a very nervous condition, and I had headaches. I was listless. I sometimes could not concentrate. I lived under a reserved restraint, and there were nights when I couldn’t sleep.

Did you and Mr. Spingarn ever speak about seeing a doctor?

Yes.

Could you tell about when that began – when you spoke about seeing a doctor?

When we were first married.

Right away or soon after?

It was about a month after we were married – as soon as we got back to Asbury Park.

What was said on that subject?

My husband admitted to me that he had lost his manhood and said that if he went to the doctor for treatment, he would be all right.

And what did you say as to what he should do?

When I saw that he didn’t get any better, I suggested him going to my family doctor.

To what doctor did he tell you he had been going?

He didn’t specifically tell me, but it was probably his family doctor, Dr. Nammack.

To what doctor did you suggest that he should go?

My family doctor, David Felberbaum.

Did you go with him to Dr. Felberbaum?

No.

Did he tell you that he had gone to see Dr. Felberbaum?

Yes.

And what did you say, if anything, that Dr. Felberbaum had said?

He said that he probably had mild diabetes and that exercise and a change in diet might help.

And after he went to see Dr. Felberbaum, did things get any better or worse?

They were not any worse. They were just the same. Joe made some attempts to change what he ate, and Catherine – our cook – and I changed our dinner menus at home. But Joe ate what he wanted when he was at work in Jersey City, and that was the majority of his day.

And what happened to you?

My nervousness grew worse.

And did there come a time when there was some suggestion about your going to see a doctor?

No. When I was sick, I went to the doctor. But I didn’t go very often.

What doctor?

Again, David Felberbaum.

Did Dr. Felberbaum examine you?

Not really. I’d had my headaches when I went there, so I mainly told him I was nervous and had headaches.

Did you also tell the doctor what happened between you and Mr. Spingarn when you attempted to have intercourse?

Mr. Lewinson: I object to that.

Judge Crain: Objection sustained.

Mr. Steuer: Exception. [Then to Ella] What was your condition when you left?

Ella: I was told that I’d come close to having a nervous breakdown.

Mr. Lewinson: I move to strike that out as a conclusion.

Judge Crain: I will let it stand.

Mr. Lewinson: Exception.

Mr. Steuer to Ella: Describe how you felt.

Ella: I told Dr. Felberbaum what had happened between my husband and me when we attempted to have intercourse. And I told him that I had headaches and was getting so nervous that I almost couldn’t hide it any longer – that I was tired of living under the strain.

Mr. Lewinson: I move to strike out the latter part – about the strain.

Mr. Steuer: I consent.

Judge Crain: Strike it out.

Mr. Steuer to Ella: Was there anything of a physical character that was any different between you and your husband except what you have described here? I mean, did you have any other trouble with him? Was he rude to you or anything of that kind?

Ella: No, he was always very kind and generous.

But when you left, what was the reason for your leaving?

Mr. Lewinson: I object to it as involving a conclusion.

Judge Crain: Objection overruled.

Mr. Lewinson: Exception.

Mr. Steuer: I will modify that question a little. [To Ella] What immediately happened – what was the event that immediately happened or happened shortly before you and your husband parted?

Ella: There was nothing in particular. My overall condition was why I left.

Before you left, had you seen any doctor?

Yes.

One or more than one?

I had only gone to David Felberbaum.

Any other doctors before you left?

No. I left on the advice of Dr. Felberbaum.

Mr. Lewinson: I move to strike out the last part.

Judge Crain: Motion granted,

Mr. Steuer to Ella: Did you go to see any doctor after you left?

Ella: Yes.

Were you examined by any doctor after you left?

Yes.

And what were the doctors’ names or what was his name?

Dr. Casamajor, after I had been examined by Dr. Felberbaum, And Dr. Nammack.

Who asked you to go to see Dr. Nammack?

I went on my own accord.

Was Dr. Nammack your doctor?

No, he was Joe’s doctor in New Jersey – and his family’s doctor.

When you answered that it was of your own accord, you meant Dr. Felberbaum and Dr. Casamajor?

Yes.

Now, did you see any other doctor of your own accord?

Yes, I saw Dr. Gregory and Dr. Goldstein.

Now, did you see Dr. Gregory a number of times?

Yes, I was really under his care after our first meeting.

When did you go to see Dr. Nammack – before or after you left the house?

After.

And that was a result of your husband’s suggestion?

No.

Oh, that was arranged between the lawyers, that you should go see Dr. Nammack.

Yes.

When I say "the lawyers" I mean Mr. Lewinson and myself.

Yes.

Since that time – since your leaving – has your nervousness been the same as before?

No.

And how about the headaches? Have they continued the same as before?

No.

I would like to have you tell as best you remember over this period of two years and two months about how many times a month Mr. Spingarn made these attempts that you have spoken of

Again, quite often at the beginning – as I said, practically every other night. Then about once a week, and near the end, sometimes only twice a month.

You know what is meant by an erection, do you not?

Yes.

During the time that you lived with Mr. Spingarn, do you know of his having had an erection?

He tried to.

And did he actually have an erection?

Not to last, no.

And what, if anything, did Mr. Spingarn do to try to get an erection?

Mr. Lewinson: I object to that form of question.

Judge Crain: Objection sustained.

Mr. Steuer to Ella: What did you see him do?

Ella: I used to see him use his hands, and play, and try to do things to himself.

[Mr. Steuer to Judge Crain] That is all for now. But I may wish to return to this witness. [To Mr. Lewinson] You may cross examine.