The Providence news. (Providence [R.I.]) 1891-1906, 1902-05-01
Husband Relied on Pictures to
Prove Case Against wife.
she ATTENDED FRENCH BALL
Justice Spencer Hes His MIsgIdngs is 10
The hsprsty Of the Theatrical
Profession

New York. May 1.-The fact that q
pretty young divorced woman becomes an
actress, poses for pictures, attends the
French ball and permits her portrait 10
be published In the Sunday newspapers,
Is, according to Justice Spencer, OF the
supreme court, no adequate reason for
holding that she Is an unit person to
retain control OF her child.
He rendered this decision yesterday in
the case OF May Leroy Van Buren,. who
is beautiful an actress and a member OF
the wild Rose company, now in Phil
adelphia. On Oct. IL she obtained decree
OF absolute devorce from George Van
Buren, son OF Cornelius Van Buren,, OF
Amsterdam, n Y, reputed millionaire.
With the decree Mrs. Van Buren was
awarded the custody Of her only child,
Cornelius Ven Buren,, 2d. except that,
during the summer vacation and during
the Christmas holidays. the child should
go 10 its father, The boy is now between
fve and six years old and lives with
its mothers parents. at ll3 West Ninety
sixth street. Van Buren, was ordered TO
pay his wife $500 year alimony and TO
furnish a bond OF 5000 TO secure its pay
ment.
FATHER DEMANDS CHILD.
Since the granting OF the decree the
father OF the child has been chatting under
it's provisions on April he applied TO
Justice Spencer, asking that the child
be given 20 him and his wealthy father I'm
Amsterdam, and that the alimony be
stopped.
In support Of his application George
Van Buren, alleged that his former wife
is not proper person to have the Gus
tody OF the child. because the little one.
living with it's material grandparents in
New York. lin what is known as a
nat that there is no access of air and
light" He also alleged that Mrs. Van
Buren, had posed for pictures, and that
$40 had been paid for them by some one
other than herself.
WIFE CHARGES CONSPIRACY.
Mrs Van Buren, denied all these alle-
cations, saying that she was the victim
Of a conspiracy. That her child was well
taken care OF, attended Sunday school
and the kindergarten. was vouched for by
DIR. David Wiley, pastor of the Scotch
Presbyterian church in Central Park
West. Mrs. Van Buren was represented
by Lawyer Emanuel NJ. Friend, Judge
Charles s. Nisbet and Michael Schaap.
Conover d Fisher appeared for Van
Buren.
Justice spencer's decision starts out by
saying:
The fact that Mrs. Van Buren, Is re-
ceiving attentions from young gentlemen
should occasion no surprise In view OF the
attractive personality of the photographs
presented. Properly viewed they presage
nothing worse than an early. marriage.
The motive which lay behind the pro-
ducton Of the photograph in pose is i'm
explicsbe TO the court--as are many
other things pertaining to the sex-but
there is nothing In the picture itself which
suggests a depraved mind. Ii is certainly
outre. something that no refined or deli
cstely- minded woman in private life
would permit. but women In the profess
sion chosen by Mrs Van Buren, are some
times from necessity compelled to do
things OF this nature that under other
conditions would be regarded as out of
character. No doubt the motive in this
instance was nothing worse than that
which induces so many college boat crews
20 exhibit photographs of themselves I'm
scant attire. j am willing without fur
ther proof TO infer an evil purpose for
its production"
PROFESSION CRITICIZED.
Justice Spencer has misgiving as to the
propriety OF the theatrical profession, for
he says:
THAT the plaintiff (Mrs. Van Buren,
has chosen profession difficult for
virtuous woman especially zone unpro-
tected as she seems to be. weighs for
something; but Il cannot be denied that
many good and noble women have been
members OF that profession. and Il is
hardly just to foreclose the plaintiff from
such a possibility At the present time,
I, may and-nn- doubt does. afford occa-
sion for solcitude as to her future well
fare: but as 10 that We must wait"
Justice Spencer modifes the order re-
garding the child by giving the custody
OF Il from June to November of each
year to Cornelius Van Buren, it's paternal
grandfather. During the remaining six
months the boy will remain with his
mothers parents. Justice Spencer de-
clines to make any change In the alimony.