New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-01
DIVORCE FOR hrs. HERBERT.
REFEREE FREDERICK G. GEDNEY RE-
PORTS AGAINST JOSEPH ". HERBERT.
ALIMoNY AND THE CUSTODY or THEIR CHILD
GRANTED TO THE wIFE-THEATRIcAL

ALrMoNY AND THE CUSTODY or THEIR CHILD
GRANTED TO THE wIFE-THEATRIcAL
CAREER OF MR.. HERBERT
Ex-Justice Frederick c. Gedney, the referee APP
pointed by Judge G.idersleeve, Of the Superior
Court to hear and determine the applicable for
divorce OF Nannette l.. Herbert against Joseph W.
Herbert, has made his report, giving judgment IN
favor Of the plaintiff. with the custody OF the chd
and almony at $50 a week during her natural NE
The granting OF a divorce to Mrs. Herbert VIII
hardly bs a surprise in theatrical circles. in which
Mr. Herbert Is prominent. When the divorce pro-
ceedings were begun some time ago. 1t was thought
that Mrs. Herbert had good grounds on which TO
base her application.
Joseph W. Herbert has secured fame, II not
fortune. on the comic opera stage He Is versa
tile and clever comedian. and has scored several
brilliant successes, not only In this city, nut
throughout the country. He is an author. as well
rs comedian and is responsible for Thirdly
which held the boards at the Garrick Theatre early
in the summer He played the part OF Butter
scotch The bur.eslue was afterward produced IN
Boston, and will be the attraction at one OF our up
town theatres next week. Herbert mace hotaoie
hit in Rob Roy" and in THE TZigane' wnlch was
produced by the Lillian Russell company al AoDey
Theatre last spring.
Attached 10 the decree OF divorce granted Mrs
Herbert by Referee Gedney the following
memoranda:
The parties to this controversy were married AZ
Kenosha in the State Of Wisconsin, on the l'tn
day of July 1886 a~f lived together until july 49,
1894 when plaintiff FUSED longer 10 I'VE WIN de
PENDANT. There was issue by TINS marriage %, pc
tween plaintiff and defendant, TO wit: one maze
child named Joseph w. Herbert, aged eight years
The plaintiff charged defendant with being init
mate with Miss De Carteau, and witnesses VINO
went 10 the correspondents apartments IN this city
one night obtained the evidence on which the de-
cree was granted Continuing. Referee Gedney
savs In the memoranda:
While It Is true that divorces should not be grant
ed upon mere inference, yet IN TINS case an inc
facts and circumstances point directly to but one
conclusion. Now to the question or a.inlony. Inc
parties to this issue lave agreed that defendant -
10 nav the plaintiff and the plaintiff to receive szO
per week during her natural HE BY agTeenlen. De.
tween the plaintiff and the defendant the delehuaII
shall have an opportunity 10 visit the child AT such
times as shall be mutually agreed upon between tne
plaintiff and the defendant, at least once Week'
and the defendant shall have the privilege OF TAX
inc the custody of the child for one day, that IS,
taking him In the morning and returning MIN III the
evening.
Mrs Herbert months ago went riding on d
bicycle In Central Park and saw her husband out
driving in a carriage with Adele Richie the we'll
known actress Mrs. Herbert appointed herself VOL
unteer escort for the pair riding after the carriage
for some distance on her wheel and freely ex-
messing her opinion Of her husband and OF ms
companion by the way. This use or the pleycIe
by Injured wives opens vista OF unLsual lhteres.
many injured wives wi. make haste TO learn to riae
the bicyce great speed and pursue WIN 'sloCIty
recreant husbands who venture TO 80 out drVlhs
with shameless comic opera singers