New-York tribune., 1902-03-20
DURYEA SEPARATION SUIT.
STARCH MANUFACTURERS son AC-
CUSED or CRUELTY AND NEGLECT

GISED Or NhI AND NEG lEOI-
Justice Gildersleeve in the Supreme Court
yesterday reserved decision on an application
for order Tor a commission to take testimony
in Cairo, Egypt. in the separation suit brought
by Mrs. Chester r. Duryea against her hus-
band on the ground of cruelty. neglect and in
human treatment. The testimony desired is
that of Mrs. Joseph J. Asser. whose husband is
Assistant Adjutant General of the Egyptian
army. Mrs. Asser is a niece of Judge George
+, Andrews. Mr.. Duryea is the son of General
Hiram Duryea. of the National starch Company.
in which the defendant is also interested. Mrs.
Duryea was married to the defendant on June
l. 1855. They have one child. Chester r. Dur
yea. jr.. who was born on December 20 1900.
Pending the trial of her suit. Justice Dugro
Gently awarded Mrs. Duryea $125 month ali
mOny and $3.50 counsel fee. and allowed her to
retain the custody Of the child.
In her complaint Mrs Duryea says that
account Of her husbands continuous course of
i'll treatment almost from the beginning of their
married life. she compelled in September
last to refuse to go to Sioux City to live with
him. Many instances of his alleged i'll treat
ment are given in her complaint. She declared
he frequently cursed her and told her to go to a
warmer climate She alleged that on August 20
1888 he flew into rage, grabbed her by the
throat and battered her head against the wall
anu 'u dI'IIel occasion SelHeu net ny the SnOul-
der and elected her from their apartments into
the hallway. She had to hire another room in
the hotel where they were staying. and borrow
clothes from her mother. At Sioux City in Au-
gust 1898, she says he told her she was a fail
ure as a wife. that he wished he had never seen
her. and called her insulting names in the pres
ence Of servants
1t IS asserted by Mrs. Duryea that her hus-
band has an income Of between $1,000 and
S2oOOO year, and holds stock in the National
Starch Company to the amount of $50 OOO on
winch h" receives a dividend Of 1000 year
Among the affdavits submitted on Mrs Dur
yea apphCation for almony from
MRS. Joseph J. AsSer that she had known Mrs
ipuiStd over hfteen years as respected and
honored, not only in this country. but in Eu-
rope where she had been entertained by long
4ISI OF Wen known people. During Mrs AsseT's
visit al the camp of General Duryea in the Adj
rondacks. she declares she witness of the
defenddntS constant rudeness and neglect For
weeks he made il his studied purpose the affi-
daNlt says 10 avoid speaking to his wife. and
except when addressed directly 10y her prac-
ucaIly ignored her existence. In Mrs. Asser's
opinion the many drinks of liquor he took daily
dlu much TO make him ugly to his wife
Miss Adelaide Smith. of Providence. r. /. also
mace an aihdaVlt that at General Duryea's camp
the defendant in her presence treated his wife in
so insulting a manner that the latter had an
attack of nervous CRYING and collapse Mrs
Sumner Clarke in an affidavit spoke Of meeting
Mr.. and Mrs. Duryea in the fall OF lS!lS at sup
per in Sioux city. when before the servant Mr.
DuTyea attacked his Wife i'm the most insulting
manner speaking 10 her and Of her with the
utmost disrespect and insoence" An affidavit
by Mrs. !. c Sanford stated that she had often
seen Hr. Duryra intoxicated, and that on one
occasion at fancy dress ball he openly in
suited his wife
In his answer Mr.. Duryea denies the aIIeGa-
tions of his wife, and declares that he has been
a most affeCtiOnate husband. He admits calling
her names, but asserts that they half in
earnest and half in jest. He also admits that
he and his wife had several quarrels after they
Went TO Sioux City. but maintains that she was
TO blame. Mr.. Duryca "rlarPs that his income
for the last year was slightly over $3.50, and
that ne owes $1,000.