New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-06

another of the richest of American families, was
spoken Of as one of the most remarkable things
which had occurred In some time. In every
fashionable dra awing-room, in all Of the clubs and
wherever New-Yorkers met last evening the d.
vorce was the exciting topic of conversation, ana
the actions of William X Vanderbilt and OF Mrs.
Vanderbilt for months past were talked over.
The unhappy marital relations OF the couple
have been known TO their intimate friends for
some years; at length led to separation about
six months ago. and ended in the divorce for
which a decree was entered yesterday
Mr. Vanderbilt is on board his yacht at Nice.
Mrs. Vanderbilt is staying here.
Under the decree of divorce, as granted to Mrs.
Vanderbilt on usual statutory grounds. to her
is given sole charge Of the three children, al
though the father is allowed access to them at
ali reasonable times and there is a condition that
the boys shall be educated in the United States
THE TESTIMONY SEALED.
As all the testimony and the report Of the referee
have been sealed. facts can be ascertaned as
to the parties who are implicated with Mr. VAN
derb!lt Although liberal allowance has been
granted to Mrs Vanderbilt, there is no record OF
the sum which her husband has agreed to give
her, the only paper which the pubic can ex-
anime is the decree Of divorce.
The decree OF the court is granted upon the
report OF Edmond Kelly, who was appointed to
hear and determine all the Issues involved III
the action. The complaint in the suit was served
on Mr. Vanderbilt en- January last and within
a short time the answer Of Mr.. Vanderbilt was
served by his counsel, Anderson. Rowland q
Murray The case was sent 10 the referee on
January Is.
THE DECREE OF DIVORCE.
The decree Of divorce apart from some OF the
legal verbiage, is as follows:
This action having been brought by the plain
tiY against the defendant for the purpose Oh OBJ
tanning a Judgment OF divorce and dissolylng the
marriage between the parties on the ground OK
the Defendants adultery. and the summons and =
copy Of the complaint having been duly served on
the defendant In person within the state OF New
York on the Sd day Of January, 1892 as appears
by the affidavits of William H. keogh. duly nied,
and the defendant having appeared herein by
Anderson. Rowland &c Murray. his attorneys, and
duly served on the paintiff's attorneys In answer
To the said complaint herein ana putting IN issue
the allegation Of adultery therein contained, ana
an order having been duly made and entered IN
this action whereby 1t was referred 10 Edmond
Kelly as sole referee, and having been tried be-
fore the said referee. and he having made BIS re-
port thereon on January is. 1895. with the EVIL
dence and proceedings taken before him. II ap-
pears, and the referee finds and decides, among
other things that the material allegations OF the
complaint in this action are true and that the
plaintiff and defendant We're married In this city
on April 20, lS15 and were residents OK the State
Of New-York at the time OF the marriage until
and at the time OF the commencement or this ac-
ton; that the defendant had been guilty OF the
acts Of adultery charged In the complaint. as In
the said report found and specified. and that there
is no Judgment in any court OF the state OF New.
York or OF any other State against the plaintin
and in favor OF the defendant for divorce on
the ground Of adultery, or otherwise; mat tne
complainant is proper person TO nave the care
and custody Of the children of the marriage,
namely. Consueo Vanderbilt. William X Wander
bilt jr.. and Harold s. Vanderbilt; that the de-
z der Ia
10 provide for his wife and family. and that the
complainant is entitled TO suitable provision ior
the support of herself and Tor the educauon ana
maintenance OF her children.
The referee having directed that Judgment De
entered in this action in favor OF the p!aintin
and dissolvinS the marriage between the parties
hereto and the action having duly come on TO be
heard on February 5. 1895. and the referee hav-
ing duly made his report to this court the
parties directed to attend special term OK
this court on February 81, 1895. 10 present ev-
dence on both sides SAID hearing having been
duly adjourned until this day the piainsin pre-
the edu ,ation and maintenance OF the children
and support Of the plaintiff. dated January IL:
1895 the plaintiff duly waived and relinquisheo
all her right and clam 10 have any such pro-
vision required TO be made by this court herein.
And after hearing Joseph II. Choate, "iilam
Jay and William II. Duer. OF counsel on behar
of plaintiff and Henry II. Anderson, for de-
fendant, and on motion OF Deyo. Duer Bauer,
dorf attorneys for plaintiff II is ordered ssea
and decreed that the said report OF the reteree
be in all respects ratified. approved ana con,
frmed and IL is further adjudged and decreeo
that the plaintH, Alva A. Vanderbilt, ana ire
defendant William X Vanderbilt, the parties TO
this action be and they hereby are divoreeu aia
that the marriage between them Is dissoNeu ae
~ is also adjudged that the plaintiff be per
r,itted 70 marry again during the lie or WIN.
lam K Vanderbilt, as II the marriage " HI" ""0
meyer dscreed however. that William x. Van
derbilt is not permitted TO marry during 'he hls
~ the sad Alva E. Vanderbilt
u ~ or,,ered that the said William K Wander
hi, he permitted 10 visit the said children at all
proper times. " a., .u,.. .o.o,,,.
,hs,r education in the United States upon con-
sent OF both parties through their lawyers In
court.
Neither the complaint nor the answer nor the
report OF the referees nor the testimony Is open
for INSPECTION. The only paper than can be seen
Is the decree Of the court. This in addition TO
setting forth the facts as above stated hnds that
Mr. Vanderbilt Is a man OF considerable means
and well able to provide for his wife and chill
dren. and that she is entitled to a suitable provI-
sion for the support OF herself and the mainte-
nance and education OF the children
THE SECRECY IN THE CASE.
Judge Barrett when seen concerning the So
crecy In the matter, said: The papers In de
vorce cases are not sealed by order Of the Court
On the contrary 1t requires an order OF the court
10 unseal them. A rule OF practice, not op'y :"
this court but in the courts throughout the stats'
requires that the testimony In divorce cases DO
sealed The seal be broken only oy the cur"
and an order to that effect would be granted oh"
TO persons interested In the matter ana eht''ieu
the privilege for reasons other than mere eur'o'-
ity"
Judge Barrett declared that 1t was not proper
for the papers in any case to be seen' witn
excention OF the Decree and that the clerks did
not have the right to allow any person to see the
testimony in divorce cases without an order from
the Court He said that the testimony was sealed