New-York tribune., 1893-11-23
LIMITED DIVORCE SOUGHT.
CHARLES = BATES, TIE WELLKNOWN
HORSEMAN. THE DEFENDANT.
AyyFrTE f. M'GRATH ALLEGES THAT HE Is HEX
CoMMoN-LAw HUSBAND. AND TEsIlf1E'
IN HER OWN BEHALF-soME
LETTERS SUBMITTED.

COMNoN-I.Aw HUSBAND. AND lE>iifir'
IN HER OWN BEHALF-soME
LETTERS SUBMITTED
Tho sut for limited divorce brought by Anhe,,e
= NcGrath against Charles +. Bates the "e"
knovn horseman. alleging that he Is her con'"
,ou husband was begun In the superior Co"'" w
fore Judge Friedman, yesterday AFTERNOON"
oourtroom was crowded with people VINO eNp7N'.N
interesting revelations, and the space directy !"
f-ont os the Judges seat occupied by nuIhe Jus
LAWYERS who arc engaged in the case hoi",n
g. pirshfeld conducted the case for the p'aI.'
and Miller Peckham Dixon for Mr. Bates nc
o,,ornevs for the defence asked that the case
r,sht be sent before referee, but MI Io'"'~
objected. on the ground that he had his witnesses
all present and the Judge directed that the cdsc
so on Mr. Bates denies that he was marsied "
Miss McGrath. ,,s
The first witness called by Mr.. Horwitz was Mrs'
Rates She is a comely young woman. win n''e
figure dark reddish brown hair and req cheeAS,
She was dressed in a black tailor-made gown w
wore a white collar and black tie. Her pohie'
was black. with black ostrich plumes ana u'''''
yellow rosette in front She told all aoou, he' '
lations with Mr.. Bates and gave her tes'lmoh! III
a clear straightforward manner. she also luei'',ieu
many letters written to her by MI Bates. III ".''
he addressed her as "My darling wife Ano'her
damaging piece of evidence against Mr. Bates
was a statement signed by Mr. Bates ana MISS
McGrath in which he acknowledges heT as MS
wife.
Mr. Bates was present and seemed 10 ENJOY .he
proceedings immensely. He chuckled frequently
and once the court officers called him 10 oruer LOT
his excessive mirth.
Annette f. McGrath testified substantially as
follows She met Charles +. Bates in restaurant
In Central Park. october 10. 1889 common
friend introduced her to him. He asked pernis-
sion to call upon her at her mothers NOME NO.
l21 West One-hundred-and-twenty -seventh-st ana
soon became a daily visitor there lie hrst spoke
TO her Of marriage in January, lSso' Ihey oeeAi"e
engaged and he gave her a ring out tney asreeu
that the engagement should be kept secret FROM
that time on he called upon her almost daiiv' wrote
TO her frequently. and took her driving
The enpa pagement lasted until July 16. 1890 when
Mr. Bates urged her to marry him Immediately
He explained TO her that there could be no cere-
monial marriage at that time for several reasons
One was that his family were Presbyterians ana
she was a Catholic. from which faith she refused
10 depart Another reason that he had ex-
pectations from his uncle. Charles, who lived IN
Boston, which he was sure would be endangered
II his uncle learned that he had married Miss NC
Grath. Mr.. Batess mother was dangerously Ill AT
the time and he feared the shock would be fatal
to her He told Miss McGrath that common-law
marriage was perfectly valid in the State Of New
York and said that Mr.. Dixon. his fathers attor-
ney had told him
Miss McGrath was reluctant at first. but finally
consented on condition tina. Mr.. Bates should
it safe for him TO 10 so and that he would
sign an agreement acknowledging her as his wife
Mr. Bates promised to have clergyman marry
them some day, and on that same evening he wrote
and signed the following statement:
This certify that Annette F. McGrah Is my true
and beloved wife whom ! love. and cherish
CHARLES F. BATES.
ANNETTE F. MGRATI.
New-York. July 10. 1890.
This agreement was identified and offered in
evidence.
Mr. Bates remained with his bride all night leay-
ing her In time to get back 10 his fathers home in
the Dakota before breakfast. In order that his
family should suspect nothing. The plaintn in
formed her family Of the marriage on the morn
ing after 1t had taken place. and explained to them
the reasons why IL should be kept secret Mr. Bates
thereafter called almost daily at her home and
acknowledged her to be his wife 10 members OF her
family and to George A. Schultz. Editor Of The
United States Tobacco Journal" who boarded at her
mothers house.
MR. BATES TAKES HER TO GREENPoHT.
About month after the marriage took place
Mr. Bates took his wife to his fathers country
place at Greenport l.. l. Mr.. Bates introduced
her as his wife TO a friend who met them at the
station. and to the housekeeper to whom he gave
orders that her wishes should be obeyed. Non"
Of Mr.. Bates's family were staying at the house
They occupied Mr.. Batess mothers room known as
the "Blue Room Mrs. Bates soon became lone
some there, and returned to this city
Mr.. Bates to the city frequently to see her
during the summer but spent large part Of his
time at Newport and other summer resorts with
his family He wrote many affectionate letters
TO her addressing her as ''Ay darling wife" and
signing himself, "Your loving husband Charlie
During the summer of 1891. Mr. Bates took her to
Philadelphia, where they stayed for severa! days
at the Continental Hotel. He also took her on
driving tour up along the Hudson. They stayed at
the Franklin House at Tarrytown. at the Hotel st.
George, at Nyack. and other hotels while their
Journey. The plaintiff left the witness stand long
enough to allow George BardIne, proprietor Of the
Hotel ST. George, to identify the entry in the hotel
register made on August g. 1891. He said that Mr..
Bates wrote the names In the register.
Meanwhile. Mrs. Batess family had moved to
No. 2.OO3 Seventh-ave. Mr.. Bates thought that
that was too far uptown and he asked the plaintiff
to take an apartment downtown. She did in
May or June, 1892 Mr.. Bates was taken Ill with
rheumatism May 60 and did not recover suf-
ncienty TO leave his fathers house until July. Con-
sequently she made all the arrangements for hiring
and furnishing the apartment which she selected In
West Eighty-frst-st. Mr. Bates spent much of his
time with her. and paid the rent Of the apart
ment. about SO month. and gave her 800 to
500 q month for her expenses In September. 1892.
Mr. Bates tod her that his father had learned that
he was living with her in their apartment He
said that he suspected that the janitor was spying
on them. and proposed that they move elsewhere
They removed to No. 81 West Sxty-third-st Mr.
Bates frequently spent several day at time
a; the Sxty-thrd-st house. and during the Horse
Snow OF 1892 he STAYED there when he was not
at Madison Square Garden. and friends dIned with
them frequently in their home
SHE COULD NOT REMEMBER DATES.
The plaintiff admitted that she regular
Ounce dates. but testified that during December.
January or February followng-she knew it
cold weather because she her heavy cloak
she went to Chicago and 81. Louis with Mr. Bates.
A corrected bill sent to Mr. Bates from the Audi
torium made out for Mr.. and Mrs. C. i. Bates
offered In evidence.
Mr. Bates told her last spring that his family
had discovered his relations with her and were
making serious objections. He told her that his
father had said that he would pay her $50 week
II she would go TO Europe for a year. His father
thought that after year the would be willing
TO cast her on. adding that she young and good
looking and could get onto someone else"
She was indignant at this proposal and asked Mr.
Bates to acknowledge her his WIFE SAYING that
she would longer appear his mistress. After
a number OF consultations she consented to go