New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-22
A DISGRACEFUL AFFIDAVIT.
SHARP WORDS FROM JUSTICE DoNoHUE.
HE SEVERELY DENoUNcEs THE DEFENDANT IN THE
DE BELLEyILLE DIVORCE SUIT.

HE BEVERLEY DENOUNCES TIE ~ Al"
DE BELLEvMLE DIVORCE SUIT.
Justice Donohue, yesterday, in the supreme
Court Chambers. granted the motion for temporary a
and counsel fees in the divorce suit brought py
Edith de Belleyile against her husband, FREDERICK DO
Belleville. On the question OF tho amount of amony
decision was reserved The motion was made on thS
complaint in the action verified by Mrs de Bellevue
and her affidavit and the adavits OF several OF her
friends. Mrs. de Beleville charges her husband with
prolonged and systematic of cruelty toward her,
At length he deserted her and left her destitute and help
less strange country, many thousands Of miles from
her home apd friends. The plaintiffs motion papers
were read when the motion first up for hearing
and their contents have been published A. j. Often
hoefer yesterday read number OF yoluminous afdayis
in support OF Mr. de Beleve. Mr.. dc Belleville de-
clares married the plaintiff end never went
through any marriage ceremony with her. AT the time
OF the pretended marriage he had another vile hVing.
He subsequently obtained divorce from his wife In
England on the strength Of which he married the vito
with whom be Is now living.
Mr. do Beleville in his AFFIDAVIT gives portion or mo
history OF his lIfe He was born IN France In 1si9
About ten years ago made his first appearance on the
English stage He married. In 1879. IN LONDON 1ula
Jose hs, widow, who was about ten years LIS seo'
After the marrageh he learned that his wires temper
was not amiable and that she could not write he had
discovered her ilteracy before, because she man
aged get him out Of the room when she signed inc
marriage contract by making her mark He had not
been long married when he went 10 Hayre and assumed
the of the Albion Hotel very little expe-
rience proved him that his abilities we're not ose
of an nneeper and he sold out his interest in the hotel
In 1870 his home life had become so unhappy that he
felt Induced to leave his wife and go to Melbourne In
Australia He had never his English wife since.
At Melbourne he went day TO cafe where his at
to- tion was attracted by pretty woman sitting aS
one OF the tables. The dressed In mourning
and had bundle OF books with her. He followed her
out Of the cafe and spoke to her and was not repused
She told him she widow and lived In one OF tho
suburbs OF Melbourne He visited her at her home and
IL was not long before he knew her intimately He told
her that he already had wife, and could not ask her 10
marry him, but he asked her 10 live with him. sue
accepted his proposition. He aArward was told that
his new friend woman OF known bad character,
but still his love for her grew and deppened She
soon developed jealous temperament and often made
his life burden TO him by her exhibitions OF Jealousy.
For time they lived together secretly but after while
they decided live together openly They accordingly
went to Geeong for days and on their return told
their friends that they had been married They left
Melbourne and went TO San Francisco There he told
her that could not introduce her there as his we Dut
she finally persuaded him to do So They came to New
York from san Francisco and at all times and places no
introduced her his wife, although she constantly III
suited and assaulted him year or two ago he con-
suited f. c. King attorney, In regard 10 the posi-
bllty OF getting divorce from his English vile. MI
showed that 1t could he done by producing decree OF
divorce Mr. de Belevie assumed in his ignorance OF
law that the divorce valid He did not learn
the contrary until he instructed the subject by ais
present lawyer The decree OF divorce was granted Dy
court In Arkansas He had tried 10 get valid divorce
AMI had caused In the suit In Arkansas 10 DO
sent to his wifes address in London. After be obtained
the Arkansas divorce treated the plaintiff with great
kindness but refused 10 marry her She was greatly IN
censed at his refusal and to avoid scandal In the news
papers ne did he could to paeify her. After time
he discovered letter that she was not faithful TO
him. The letter had signature but he had II identi
fed by the wife of the person with whom the paintn
vas intimate The wife did not like this state OF things
and wrote to the Plaintiff assuring her that there would
ne trouble II went on After discovering the letter he
was nearly beside himself with grief. He ceased ms
iotmacy with the plaintiff. although they continued TO
live together all outward Appearances In snort
tent of sending her home TO Melbourne. He gave her
money pay her passage but she refused TO go nome
nor otherwise than with Kindness and consideration
When he married Miss Pferdner he supposed that the
Arkansas divorce was valid anu that there was ho'his
I'm the way OF n legal marriage.
Palmer o. Fawcett and Others were read, IN wLch IL
is denied IL generally believed that Mr. de Belle
rviue treated the plaintiff in cruel ana inhuman
Mr. Dittenhoefer maintained that the molten for all
mony should be denied, there had never been any
marriage or sembance OF marriage between the parties
70 the snt; because IL there had been marriage it had
not taken pae according TO the forms required Oy he
Ia of the colony or Victoria. and II there had been
marriage ceremony performed according TO the laws OF
Victoria, de Bellevile was Incapable OF marrying
because he ALREADY had one wife 'lng. 49,
Mr. Bird about TO reply TO Mr.: DttenhOeier on
the merits OF the case, when Justice Dononue sa tu
he did not care TO hear him exec ! on t1e question u
alInony Mr.. Bird was iull OF war ara sald he must
say few words Mr. Dittenhoefer had ,,ronlsed 10
present Mr. de Beevlles side OF the story. Mr. Often
hoeer had fired of any explosion but he had ired
de-k before him and insisted that Mr. Bird should Only
sneak IN the estion OF almony. Mr. Bird reluctantly
obeyed the He said that Mr. dc Belleville re-
a of "A
long Time To be sure Mr. de BeleVlle pretended mat
he had no money. but aIeI the way IN Tnlen le vas
capable OF perurng himself the Court could not believe
ms statement that he had no money ME- blru was VIII
ing e 20 the Cont TO determine the amount OK
alimony which Mrs. de Bellevile ought To receive
when Mr. Bird had fms led Justice Donohue sald;
Gentlemen this be neatly ana easily disposed
Of. In all the course OF my rather EXTENDED ln1lclh
cxperlance have never known or heard OF an all aVit
more disgracefu 10 the person making IL th tna "t
The defendant 1t shows that he is now openly living
with woman-presumaDly an innocent ana respectable
one--to whom he pretends 10 be married tie knew or
must have advised by his attorney that the divorce
In England was Obtained by fraud and vas void Ac-
cOrdng to his own statement he married a woman IN
England and lived with her as long as II pleased nun
The wife never deserted nun AM never ~ @ az
offence against him. Suddenly he quietly leaves her
and of TO foreign country where neither NC nor
she was ever domIced, aud obtains decree OF divorce
IL would be charity 90 him 10 assume that ne never was
married England at ALL and that the fraudulent decree
NJ divorce obta in Arkansas rumped up for tho
Durposes of this suit IL does not appear IRON the paper
that the alleged English marriage celebrated accord
ing TO the law Of England and so far as this proceeding
concerned il cannot be considered having taken
place all The affidavit OF the defendant Il eVasve IN
a high degree In regard to matters wnlcn happeheaa
10 contradict him, the affidavit was very full In re
gard 10 essential matters which happened near home
where II would possible TO contradict the defendant
the affidavit ia almost silent. As far as appears from
the papers the defendant entered into legal MARRIAGE
with the plaintiff and she Is entitled to temporary a
mony."