The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-02
MRS. ACKNOWLEDGEMENTS
ABSOLUTE DIVORCE CASE SENT
TO 4 REFEREE.
Papers Came 10 the Courts Notice while
the Defendant Wal sailing Away on
the Mauretanla- Case Can BE Deter
mined In HIS Absence n He Chooses.

The Mauritania was threading her way
out Of the harbor yesterday afternoon with
Alfred Gwynne Vanderbilt and his cousin,
the Duchess Of Marlborough, aboard, while
Justice o'Gorman, sitting in Special Term.
Part H.. Of the Supreme Court was reading
the complaint and answer in a suit for
absolute divorce begin by Mrs Alfred
Gwynne Vanderbilt
After reading the papers ustice o'Gor-
man signed an order appointing David
Mcclure Of % William street a referee to
hear, determine and report his findings.
The order was granted on the signed con-
sent Of Mr.. VanderbIlt's attorneys, Ander-
son 4 Anderson, who joined with Carter.
Ledyard a Milburn, counsel for Mrs Van
derbit, in applying for a reference. which
no doubt means a hearing in eo,rA'
Mr.. Mcclure had not been serveG with thu
order naming him as referee at a late hour
last night, but admitted that he had been
notified over the telephone that he had been
named as referee in a suit entitled Ellen
French Vanderbilt vs.. Alfred Gwynne
Vanderbilt. Mr.. Mcclure knew nothing
Of the facts and had seen none Of the papers.
The Mauritania sailed at 3 o'clock, and a
few minutes before the hawsers were thrown
Of Mr.. Vanderbilt was seen by a number
Of reporters, to all Of whom he expressed
a decided disinolination to discuss his domes-
tic affairs. He was asked point blank
whether or not a divorce suit in which he
was concerned as a principal was pending
in the Supreme Court in this county or
elsewhere, but refused TO answer.
About five minutes before 4 O'Clock JUS
tice O'Gorman handed over to James
MoNierny, clerk OF Special Term, Part H..
the order Of reference which he had just
signed. 1t had been brought TO his con-
sideration by a representative Of the firm
Of Carter, Ledyard 4 Milburn. After the
usual entry in the book in the recording
Office Of the court the order went on it's
usual course in the hands Of the law clerk
TO the filing room in the County Clerks
office. This young man presented the
original and the copy at the window where
the comparing clerk sits and they we're
duly compared. Then the original should
have been marked filed and put in a pigeon
hole. But it was not. The clock in the
County Clerks Office pointed to a minute
after 4, and 4 O'Clock is technically, though
not actually, the last moment for filing
papers. The law clerk tucked the copy
in his pocket and went out, leaving the
original In care Of one Of the filing clerks,
who suddenly found important business
near the big safe that adorns the Office.
No entry Of the fling vas made, the order
disappeared from view and all search for
II proved fruitless. The lawyers on both
sides declined to say a word about the suit
Mrs. Vanderbilt was in town, but had Moth
ing to say.
Justice o'Gorman. who had signed the
order, declined absolutely to discuss the
case in any way, though expressing some
surprise that his order was not on file and a
natter OF public record. He would not say
whether the suit was a matrimonial one or
whether il was for a separation or for an
absolute divorce. Any information on
those matters. Justice o'Gorman said,
must come from the principals or the at
torneys,
It is understood that the complaint was
served on Mr.. Vanderbilt on Monday and
that he entered a general denial a his
answer within a few hours Of the service
Of the complaint. Without such an answer,
indicating at least a presumption that he
intended TO defend the suit, an order OF
reference, making a secret trial Of the
issues possible, could not be had.
But there need be no active defence.
All that need be done ia 10 have present
some lawyer representing Mr.. Vanderbilt
at the hearings. There ia no obligation on
the defendant to c-ross-examine any Of the
witnesses produced by Mrs, Vanderbilt or
to produce any witnesses | n his " defence.
The hearings before Mr.. Mcclure may
occupy several days, at various intervals.
or may be completed in one day, according
to the preparedness Of the plaintiffs lawyers
and their desire for a prompt termination
OF the reference, Mr.. Mcclure will submit
20 the Supreme Court q report based on
the testimony and recommend that Mrs.
Vanderbllt's application for q divorce be
either granted or denied. That report
will come before q Justice Of the Supreme
Court for approval, and II the decree is
signed in Mrs. Vanderbilt's favor she
must wait for three months before IL will
become absolute. The decree will con-
tain some order for the disposition Of the
child, and may contain an order for alimony
or for a lump sum settlement by consent
among the parties. The decree, Y favor
able TO Mrs. Vanderbilt, will permit her to
resume her maiden name Of French and
will also forbid Mr.. Vanderbilt from marry
ing again in this State while his wife is
alive. But he may marry in some other
State, and this State will tactly recognize
the validity Of the second marriage.
The first indication that there wa m
open break between Mr.. and Mrs. A. G..
Vanderbilt came on March "a. when Mrs.
Vanderbilt left Oakland Farm, near New
port, which she has Always occupied for
much Of the year, taking with her her seven
yeaF-old son, William. and all her personal
effects. The valuables were left in a safe
deposit vault at Newport and everything
else was shipped to Tuxedo in care Of Mrs,
vanderbilt's brother, Amos Tuck French.
II was ann ounced that Mrs. Vanderbilt
would occupy the French cottage at Tuxedo
for several months, but would 60 to New
port again in the early summer.
The marriage Of Alfred g. Vanderbilt,
whose fathers will treated him as an eldest
son, to Ellen French. daughter Of the late
Francis ormond French. president Of the
Manhattan Trust Company and director