The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-06

New York, March 5.-Judge Barrett
has granted absolute divorce to Mrs
AlVa Vanderbilt from William K
Vanderbilt.
The decree by Justice Barrett awards
the custody of the children to Mrs
Vanderbilt, it being provided that they
shall be educated in the United States
Action was begun January last The
defendant put in answer denying the
charges Edmund Kelly was appointed
referee to hear and determine and
filed his report January IS. On
February 3 and Is. hearings were had
at the special terms of the supreme
court before Justice Barrett on the
motion to confirm the report and the
question of alinony. Vanderbilt on
the latter day rendered plaintiff deed
whereby he conveyed property in
satisfaction for the claims for aIimony
Joseph H. Choate, William Jay and
William Adur were counsel for the
plaintiff; Anderson, Rowland and MUIR
ray for the defendant
The BreaL,
cit is said the break between Mr. and
Mrs. Vanderbilt came at the close of
the yachting trip on the Valiant last
summer, during which, it is alleged,
Mrs Vanderbilt was subjected to in
dignitieS in the presence Of their
friends that made it impossible to
longer defer action It is ALLEGED that
4 Vanderbilt's relations with Mile Neu-
stretter we're openly paraded by him
/ with the purpose Of forcing his wife
| to take cognizance of them. Wander
bits friends assert that prior to this
yacntlng trip, his behaviour towards
Mrs. Vanderbilt has always been con-
I s1derate, and that he conducted him
/ self in an exemplary manner. They
assert he had no affection for Mile
/ NeuStretter, and was in no sense
/ fascinated by her. Though the fact
4 nad been known for some months that
/ the Vazaderbilt5 were agreed upon a
/ general proposition of divorce, it was
not known by the public until the de-
cree was filed today, that proceedings
had been begun.
/ Vanderbilt met Miss Smith. who
| afterwards became wife, in 1873, when
! he was 29 years of age.
! 1t is understood the settlement uDon
Mrs Vanderbilt includes the marble
/ palace at Newport, the residence at
/ Fifty-seeond street and Fifth avenue
/ and money and securities that will
make her income 100000 a year.
The Decree.
Judge Barrett's order granting the
decree reads of follows:
The action having been Drought bv
the plaintiff against the defendant for
the purpose of obtaining a Judgment
| Of divorce and dissolving the marriage
! contract, on the grounds of the defen-
dant's adultery and the summons and
copy Of the complainant has been duly
served on the defendant in person
| within the state of New York, on the
third day Of January 1895. as appears
by the affidavit of William X. heogh,
duly fled and the defendant having
! appeared herein by Anderson How
land and Murray, his attorneys and
duly served on the plaintiffs attorney
an answer to the said complaint here
in and putting in issue the allegations
Of adultery therein contained and an
order having been duly made, entered
in this action whereby 1T was referred
to Edmund Kelly. counsellor at law,
as sole referee to hear and determine
the issues herein and the issues of this
action having been brought on for
trial and having been tried be-
fore the said referee and the
said referee having made his report
thereon, bearing date of Jan. 19, 1895,
pursuant to the said order with the
evidence and proceedings taken be-
fore him, by which report it appears
and the said referee finds and decides
among other things that the material
allegations of the complainant in this
action are true, and that the parties
plaintiff and defendant, were married
in the city and state Of New York on
the Goth day of April, 1875, and were
residents of the state of New York at
the time of the marriage and Until
and at the time of the commencement
of this action and THAI the de-
PENDANT has been guilty of acts
of adultery as charged in
complaint as in the said report found
and specified, and that there is nc
Judgment or decree in any court OF the
state of New York or of any other
state against the plaintiff and in favor
Of the defendant for a divorce on the
grounds of adultery; that the plain
tiff is a proper person to have the
care and custody of the children of the
marriage, namely: Consuela Vanderbilt
William K. Vanderbilt. ir.. and Har,
old s. Vanderbilt: that the defendant
is man Of considerable means and
able to provide for his wife and fam
+ lily and that the plaintiff is entitled tc
suitable provisions for the support Of
herself, and that the said two sons
William K. Vanderbilt. ir.. and Far
old S. Vanderbilt, shall receive theii
education in the United States. This
last provision as to the education o!
Of both parties through the counsel il
open court entered
Their Future Plans.
The utmost secrecy was maintained
, in the action and as all the papers were
r sealed, it was impossible to secure any
2 of the details OF the case.
Mrs. Vanderbilt will. it is reported
: leave her present residence and Will
, hereafter live at her Newport house OF
t in the handsome residence which il
J said to have recently been purchased
: by her in this city. She will leave witt
her children for Europe about thu
middle of March.
Mrs. Yanderbilt's sister is the forme
. wife of Ferdinand Ysenaga, who's
q present wife returned to the United
' States last month to secure a divorce.
: The woman in the case" is NelIi
1 Neustretter, one Of the most beautiful
, queens Of the Partisan denirnonde. MI
i Vanderbilt is alleged to have given he
all his winnings at the last Grand Pri,