The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-24
THE NELSON DIVORCE.
Why It Was Granted-A Clear
Case Against Lee.
MISS NELSON A NATuRALlzED CITIZEN.


The Communication of an Englishman In yester
day HERALD called public attention to the loose man.
which divorce laws adminst for the
benefit OF tinerant European spouses who. in travel
ling through New York. find 1t convenient to throw OF
their matrimonial yoke. The author gave conspicu-
instance Of this legal malpractice by pointing to
the Lucca case, Mme Lucca's divorce having becn
reopened she has remarked, and no also cited
the more recent OF Miss Adelaide Nelson, the
actress, who divorced few days ago from her
husband Mr. Philip Lee, acitizen and resident OF Eng
land. 1t appears, upon thorough Investigation
Of all the facts the CASE that tho divorces
by means analogous and that Miss Nelson MRS.
Lee) and her counsel, Messrs. Beach and Brown af-
orded Mr. Lee ample opportunity to defend the suit
This would dispose OF the suggestion thrown
out by the correspondent that Mr.. Leo, like Baron
Rhadcn, would probably turn up IN few
weeks, declare that he never served
with the papers and reopen tho divorce. Tho
other important point-hamcly, that bearing
on the bona fde residence OF the women who come
here from Europe to procure a OF their mat
rmonia tiesis also satisfactorily explained IN the
Nelson casc and tho divorce therefore appears TO he
perfectly legal and proper in FORM While watchlul OF
the proper OF justice the HERALD states
these facts with pleasure, and Is grated In being able
to dsabuse the public mind OF any unlounded susp-
con OF the legality OF this proceeding, evidenced by
the commun cation of the correspondent and by the
statements OF prominent lawyers alluded to in tho
HERALD Of yesterday.
MISS NELSON'S PROCEEDING JUSTIFIED.
Mr. Beach, Jr.. who conducted the proceeding
In behalf OF Miss Nelson, stated In relation
to the question OF residence that It
error to assume that MISS Nelson, ike Nine.
Lucca never declared her Intentions to become
citizen Of this country. On the contrary, said he,
Miss Nelson renowned her allegiance to the British
Crown 1873 and her naturalization papers were on
Tile in the Office OF the Court Of Common Pleas. Refer
ring the papers in the casc he said that her nau-
ralization was one Of the allegations OF the complaint
..Miss Nelson said Mr.. Beach, 'is not only cit-
OF this country but resident Of IT, and Intends to
hero far the practice OF her profession and
her health will allow. Her profession, OF course.
pecessitates almost constant travelling and her deli
cato health has compelled her cxpend time at
watering places IN Europe That Miss Nelson means
to reside in New York evidenced by the fact that
very much to her misortune-she owns quite
amount of property hero, which she has to pay
taxes Three years ago she bought this property,
which is situated at Eighty-second street and the
Boulevard Tor S45 OOO and suppose, according to the
present valuation, 1t Is not worth over $22 000 So
much tor her bona Gde residence. Now to the
question whether Mr. Lee was properly served with
the papers They were sent one OF the most
nent law firms England, and member OF the firm
personally served them upon Mr. Lee. The aihd9v't
years and personally served him. and letter from
Mr.. Ice. in which he declares that he Is unable 10
make u defence, are part Of the record. :"
MIR. Beach hero referred again TO the papers and
road Mr. Lees letter, which Is IN TOUR or i've lines,
and simply declares that In this action brought by his
wife ..he unable to make u Defence" Mr. Beach de-
sired also the fact TO be stated that MISS Nelson's APP
picatfon for divorce made to his firm in the
irst insauc &C. but to u firm in London, and
icrred them, owing to her change OF citizenship and
her having renowned nor ailegiance 10 the British
tho OF making her future home in New York
far as The exercise Of her profession will allow.
DIVORCE.
Upon further inquiry It was found that this state
mont correct in every particular, and that MI.
Lee substantially admitted his guilt, which, however,
was SO clearly proven by the testimony before the
rcieree make a defence next TO impossible. The
hearing before the referee took place last month,
AS the case, however, las caused considerable
talk, and, was seen from yesterdays HERALD, an
impress appears to have got abroad in some quar-
tiers that Miss Nelson entitled to the decree,
brief outline OF the testimony may here be gvon In
Justice TO the lady. Miss Nelson herself wit
ness 10 prove her marriage to the defendant, Lee, In
England and the TACT that she had not condoned
alter she discovered It. The offence charged In her
complaint and FULLY proven by the testimony was adul
terry, committed In the year 1870, when Mr. and Mrs.
Lee we're stopping the Fifth Avenue Hotel, in this
CITY, The Allegation OF adultery covered period OF
SIX months of that year, beginning with March and
ending with August During this period II was proven
that Mr. Lee visited certain house OF evil
Twenty nth street. where he maintained Illicit rela-
tious with one -, inmate Of the house,
woman OF notoriouslv unclaste character. Three
gentlemen, well known society, swOre that they
went with Ice 10 the house; that he remained there
over night, and this testimony was finally supple
mepted by the evidence oil the woman, who admitted
upon tie stand the truth OF the allegations. This
feature of tho case the most paint The
woman triod her utmost To evade the process Of
tho law and had taken refuge IN other houses this
CITY with the nope eudng the search Of the
tectiyes. But her conccalment was OF no avail, and
she was lound and compelled " obey tho process vi
the Court There but four witnesses altogether,
so that hearing before the referee only occupied
few days. Upon this showing and the reading OF Mr..
Lees letter. which he declares that che IS unable TO
make IA Defence the referee reported IN favor vi an
absolute divorce, when granted to the lady, and,
IN the striking words OF Mr. Beach, her counsel,
'.stands now as firm rock, and nothing on earth
can move II or set II aside"
LEGISLATIVE EXAMINATION NECESSARY.
While TINS case certainly presents ground tor
picion and undoubtedly not one oil numerous class
in which fragrant fraud upon he Court IS practiscd, 1t
may still DO well Tor the Legislature 10 consider tho
sulccL OF divorce laws III order TO prevent such
abuses as every aud and tnon occur. II seems 10
be the opinion OF many lawyers with whom the writer
has converscd that the statutory provision Us TO the
residence OF the party bringing the SUIT should DC
more vigorously Defined and at least one years bond
Gde residence this state be required Tris provision
has now been Introduced even III the three States
which bear notorousy evil reputation for the loose
Iluoisand IL should be adopted by our Leg stature.
When married women OF other countries apply Tor
divorce they should be compelled 10 show that they
have declared their intentions OF becoming American
ctizcns, and that they md not merely come mere TO
throw OIL yoke solcmnly imposed upon thcm by
marriage contract IN another country whose laws
would probably not JUSTIFY such u proceeding. The
whole matter Is important enough TO be made the SUBJ