New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-02
MRS. MINER SUES.
PAPERS IN CASE MISSING.
Mystery in DiUOrce Action Brought
by &. II. Yerkes's Wido1c.

Through the publication in "The Law Jour-
nal" yesterday that Louis Il. Hasbrouck. of
No. 257 Broadway, had been appointed by Jus
tice Bischof, of the Supreme Court as referee
In a suit brought by May Adelaide Miner
against her husband, Wilson Miner, there was
revealed a wofully lax system of caring for
public records in the County Clerks office In
the Miner case, which is for absolute divorce,
the papers are missing, and search for them
Jailed 10 bring them to light This is not the
first instance in which documents have been re-
moved from the files and later returned.
The matter was yesterday brought to the at
tention Of Deputy County Clerk Curry who in
the absence Of County. Clerk Dooling declared
that if the papers are not found to-day the
clerks responsible for their loss would be sus-
pended.
Ali the proceedings in the Miner suit have
been most carefully guarded, and this effort at
secrecy seems TO have given somebody an un-
usual opportunity to 'lose" the court documents
in the case
In the first place. Justice Bischoff appointed
Mr.. Hasbrouck referee on Monday last but
the record was apparently not transmitted TO
THE Law Journal" which is the official paper
OF the court, until Tuesday, and was not pub
lished until yesterday The news therefore of
Mrs. Miners action became known to the
newspapers a day later than would otherwise
made the announcement of the referees APP
pointment on Tuesday. So the papers were not
missed until yesterday. when the reporters
sought them at the County Clerks office.
Whether not there was q complaint filed by
W. W. Miller of the firm OF Hornblower, Miller
& Potter. counsel for the plaintiff, nobody seems
TO know. But il is definitely known that the
record Of reference was received by clerk in
the County Clerks Office. who gave receipt for
II. and a certified copy served on Mr.. Has
brouck, the referee
Up to the hour of closing yesterday this rec
ord had not been found nor was there clerk
who would acknowledge having any knowledge
OF it, although Mr.. Dooing's secretary had
second search instituted.
w. J. A. McKin, secretary to Justice Bschor
explained that the lawyers In a case may re-
move papers. but only on an order from the
court. which was not obtained in the case in
question.
There was similar disappearance of public
records In the famous Dodge-Morse case
which resulted IN the disbarment and indict-
ment of several attorneys.
W. W. Miller. attorney for Mrs. Miner would
not discuss the case. and gave out the follow
ing signed statement:
1.-The case has been referred to Louis B. Has
brouck. as referee. and prefer not to discuss
the matter in any particular at the present
time"
I. B. McNish, who represents Miner, refused
TO give any information, and Mr.. Hasbrouck de-
clared that he knew nothing about the case.
Further than this. the order of reference could
not be found IN the County Clerks Office In the
pigeon hole where 1t belonged.
There have been rurnors for some time that
Mrs Mizner contemplated the step which she
has now taken. She married to Miner at
her home, No. S64 Fifth avenue, shortly after
the death Of Mr.. Yerkes, from whom she had
long lived apart. Mrs Miner denied for two
was story Of the bride being under the in
fuence of drugs when the ceremony took place
The minister who oficiated denied this story
and Mrs Miner. finally acknowledging that she
had again married, added her denial. Miner,
who from the West after a varied career
left his quarters in uptown hotel and took
up his residence at the Fifth avenue house of
his bride There quarrel, however
and they separated. A little later there was q
dinner of reconciliation at the Hotel Neither
lands. which followed by another disagree
rnent.
Mrs Miner. who is said to be now in this
city. has an income from 81 100000 left by Mr.
Yerkes. Miner, who is about fifteen years her
Junior, is in the West sornewhere-in Chicago or
San Francisco. 1t is believed.
According TO report Miner wanted his wife TO
settle S1,0o0.OO0 on him. IT reported also
that they had made agreement to separate,
under the terms OF which Miner was TO receive
$4,000.