The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-02-06
DIVORCE GRANITE
TO THE COUNTESS
Earl of Yarmouth's Wife Is
Given Legal Separation
NO CONTEST OF THE SUIT
Court Proceedings Are Secret Owing
To the Testimony of Medical Men.
The Decree Will Become Abso-
lutte After Six Months.

London, February Sir Birrel
Barnes, president of the divorce court,
today granted the Countess of Var
mouth, who was Miss Alice Thaw of
Pittsburg, decree nullifying her mar
riage to the Earl of Yarmouth.
The case was heard in private. AT
the time fixed for the commencement
of the proceedings everyone not ac-
tua'ly engaged IN the case was ex-
cluded from the court room. The case
was practically undefended and the
hearing lasted for only half an hour.
The Countess, 'attired in fashionable
black gown, was present, but the Earl
of Yarmouth was not in court.
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 Coun-
tess gave evidence in support of her
allegation that the marriage had never
been consummated and the maid testi-
fed that the Earl and Countess had
been living as man and wife. Accord
Earl OF Yarmouth was capable of con-
summating the marriage but counsel
for the plaintiff contended that this
did not affect the allegation that e
marriage had not been consummated.
and he pointed out to the judge that
1T was within discretion of the
court to annul the marriage If 1t was
tl,nt
mated.
The Earl of Yarmouth did not de-
fend the case, his lawyer satisfying
himself with pointing out that the
evidence of the doctor removed any
stigma placed upon the Earl by the
was no ground upon which the Coun-
tess could have sued for divorce.
Judge Gives Decree.
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 1t was learned from an
auth oritative source that contrary to
certain published statements the ques-
tion of revising the settlement has not
been discussed by the principals or
their solicitors and that 1t is not like
ly to be discussed.
The brevity of the proceedings came
as surprise to everybody except those
engaged on the case. That the hear
ing should be short was arranged when
the application was made last week and
the trial set for today, counsel then
undertaking not to occupy more than
one hour of the judges time. The
fact that at council OF the family of
the Earl of Yarmouth 1t was decided
not to defend the action of the Coun-
tess made this possible. This change
from the previous determination to
contest the case Is said to have been
influenced by the evidence given re-
Gently in New York at the trial of II.
K. Thaw, brother of the Countess, for
the murder of Stanford White with re-
gard to insanity in the Thaw family,
as we'll as the verdict of the jury that
Harry Thaw was insane when he COM
mitted this crime.
Proceedings Secret.
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
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