Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-06
COUNTESS SECURES DIVORCE
Harry Thav's Sister Gets Separation
from Earl of Yarmouth.
PROCEEDINGS ARE KEPT SECRET
Titled Husband Gay One and His
Manner of Living Made Good
Grounds for wife 60 se-
cure Decree.

LONDON. Feb. 5.-Sir Birren Barnes.
president OF the divorce court. today
granted the countess OF Yarmouth. who
was Miss Alice Thaw OF Pittsburg. a de-
cree nullifying her marriage to the earl
Of Yarmouth
The case was heard in private. At the
time fixed for the commencement Of the
proceedings everyone not actually engaged
n the case was excluded from the court
room. The case was practically unde-
Tended and the hearing lasted for only
half an hour. The countess. attired In a
fashionable black gown. was present, but
the earl Of Yarmouth was not in court
The papers in the case are being kept
secret and all information regarding the
nature OF the charges has been carefully
withheld. The statement was made, how
ever. that the character Of the medical
evidence to be given made a public hear
ng inadvisable.
only four witnesses were examined They
were the countess OF Yarmouth, herself.
her maid. doctor appointed by the court
and an American lawyer who proved the
marriage. The countess gave evidence in
support Of her allegation that the marriage
had never been consummated and the maid
testified that the earl and the countess
had been living as man and wife. Accord
ing TO the evidence OF the doctor the earl
OF Yarmouth was capable Of concentrating
the marriage. but counsel for the plaintiff
contended that this did not affect the ale
CATION that the marriage had not been cor
summated and he pointed out to the judge
that it was within the discretion Of the
court to annul the marriage If it had not
been consummated.
The earl of Yarmouth did not defend the
case. his lawyer satisfying himself with
pointing out that the evidence Of the doc
tor removed any stigma placed on the earl
by the evidence or the plaintiff and that
there was no grounds on which the coun-
tess could have sued for divorce.
The Judge pronounced bis decree. an
nulling the marriage without comment. In
the ordinary course Of events it will be
made absolute in six months.
AIImOny Not Discussed.
No mention was made of a marriage set
tlement and it was learned from an au-
thoritative source that, contrary 70 certain
published statements. the question Of re-
vising the settlement has not been dis
cussed by the principals or their solicitors.
and that it is not likely to be discussed.
The brevity OF the proceedings came as a
surprise to everybody except those engaged
in the case.
That the hearing should be short was
arranged when the application was made
last week and the trial set for today. coun-
sci undertaking not TO occupy more shan
one hour OF the Judges time The fact
that at a council Of the family Of the earl
Of Yarmouth it was decided not to defend
the action OF the countess made this possl-
BILE. This change from the previous ipten-
to fba tu -
been influenced by the evidence given re-
Gently in New York at the trial OF Harry
K. Thaw, brother of the countess. for the
murder Of Stanford White, with regard to
insanity in the Thaw family as we'll rs
the verdict of the jury that Harry Thaw
was insane when he committed this crime.
Earl Is n High Liver.
It has been well known for two years
past that the domestic affairs Of the Var
mouths were unhappy. The earTs com
penions and his manner Of living. it was
said, were such that he could not give
his wife the place in society which she
had a right to expect. She supplied large
sums OF money to defray her husbands
extravagances and her friends say that
she has conducted herself with dignity
throughout the troubles resulting from this
unhappy union and the difficulties Of her
brother Harry X. Thaw.
Information that the countess had de-
cided definitely TO seek an annulment OF
her marriage was made known here Jan
uary 3. when she applied to the divorce
court for a decree.
The Hertford family, the head Of which
is the marquis of Hertford. whose heir
the earl Of Yarmouth is. is one OF the
oldest and proudest Of the British nobiI-
ity. The marchioness OF Hertford stood
by her daughter-in-law throughout her
troubles and exerted herself to reconcile
the couple, but in vain. The family OF
the earl IS much distressed at the nOtoriety
brought upon II as the result Of the action
taken by the countess Since her marriage
the countess has made her home in Eng
land.