Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1908-02-08

happy one-She Was Sister OF
Harry X. Thaw.
London-Sir Blrrell Barnes, presi-
dent of the divorce court, has just
granted the Countess of Yarmouth,
who was Miss Alice Thaw, OF Pitts
burg, decree nullifying her marriage
to the Earl of Yarmouth.
The papers in the case are being
kept secret, and all information re-
garding the nature of the charges has
been carefully withheld The state
ment was made, however, that the
character Of the medical evidence
to be given made a public hearing in
advisable.
1t has been well known for two
years past that the domestic affairs
Of the Yarmouths were unhappy. The
earls companions and his manner of
living, it was said were such that he
could not give his wife the place in So
ciety which she had right to expect.
She supplied large sums of money to
defray her husbands extravagances,
and her friends say that she has con-
Quoted herself with dignity throughout
the troubles resulting from this un-
happy union and the difficulties of her
brother Harry Kendall Thaw.
The Hertford family, the head of
which is the Earl of Yarmouth's faith
er, to whom the Earl is heir as eldest
son of the sixth marquis, is one of the
oldest and proudest of the British mo-
bility. The marchiOness of Hertford
stood by her daughter.in-law through
out her troubles, and exerted herself
to reconcile the couple, but in vain.
The family of the earl is much dis
tressed at the notoriety brought upon
it as a result of the action taken by
the countess.
The case was heard in private. At
the time fixed for the commencement
of the proceedings everyone not actu-
ally engaged on the case was exclud-
ed from the court ROOM
The hearing lasted for only half an
hour. The countess, attired in fash
ionable black gown, was present, but
the Earl of Yarmouth was not in court.
Four witnesses were examined. They
were the Countess of Yarmouth, her
maid, doctor appointed by the court,
and an American lawyer, who proved
the marriage.
The countess gave evidence in sup
port Of her allegation that the mar
fiage had never been consummated
and the maid testified that the earl
and countess had been living as man
and wife
According to the evidence of the
doctor, the earl was capable of con-
summating the marriage, but counsel
for the plaintiff contended that this
did not affect the allegation that the
marriage had not been consummated,
and he pointed out to the judge that 1t
was within the discretion of the court
to annul the marriage as it was proved
that it had not been consummated
The earl of Yarmouth did not de-
fend the case, his lawyer merely point
ing out that the evidence of the doctor
removed any stigma placed upon the
earl by the evidence of the plaintiff
and that there were no grounds upon
which the countess could have sued
for divorce.
The judge pronounced his decree
annulling the marriage without com
ment. In the ordinary course of
events it will be made absolute in six
months.
No mention was made of a marriage
settlement, and it was learned from
an authoritative source that, con-
trary to certain published statements
the question of revising the settle
ment has not been discussed by the
principals or their solicitors and that
it is not likely to be discussed.
The change from the previous deter
mination of the earl to contest the
case is said to have been influenced
by the evidence given recently in New
York at the trial of Harry Kendall
Thaw, brother of the countess, for the
murder Of Stanford White, with re-
gard to insanity in the Thaw family,
as well as the verdict of the jury that
Harry Thaw was insane when he com
mitted this crime.
The countess now becomes plain
Miss Thaw. BY the law of England is a
peeress divorces her husband she is
entitled to retain the style and rank
of peeress; if, however she is divorced
by her husband, she is no longer en-
titled to the style which her marriage
conferred on her
But matters are different when a
titled wife brings an action for nullity
of marriage. If she succeeds she is
restored to her position before her
marriage, just as if the marriage had
not in fact occurred. Under these cir
eumstances the countess of Yarmouth
will take her maiden name and style
as a commoner.