The sun., 1908-05-26

woman" nmu MRS. Mmx kIBufe IN Mo
WHO'S Cese--Ne Provision for AIimeny
Mother 70 Have Custody Of Son.
An interlo cutory decree granting TO
Ellen French vanderbilt divorce from
Alfred Gwynne' Vanderbilt was signed
yesterday by Justice OGorman OF the Su-
preme Court. The decree confirms the
report Of David Mcclure as referee and
gives the custody of the seven-year-old
child, William H. Vanderbilt, to the mother.
A paragraph was Incorporated In the
proposed decree directing that the papers
In the case be sealed This paragraph
was stricken out by Justice O'Gorman and
the papers were not sealed. The record
shows that the evidence in the Vanderbilt
was little. IL any. different from that In an
ordinary divorce case which is practically
undefended.
In her complaint Mrs. Vanderbilt. after
reoiting the fact Of the marriage alleged
that her husband had been guilty II adul-
mond. Va. She alleged further that she
had only known Of the offence within the
last five years and that 1t was not COM
mitted with her privity. consent or pro-
curement.
Before the referee Mrs. Vanderbilt merely
testified to the marriage the date Of the
birth of their child and to tho fact that
the offence charged by her was committed
without her knowledge. consent privity.
connivance or procurement. She also
stated that no divorce suit was pending
against her husband In any other State
and that she was not the defendant In any
suit for divorces instituted by him either
in this State or elsewhere
Harry Kempster. who has been valet
to Mr.. Vanderbilt for many years, was
the chief witness produced In support of
Mrs. Vanderbilt's allegations. Kempstsr
testified that Mr.. Vanderbilt. his employer.
had been guilty with q woman whose
name he. Kempster. did not know. The
alleged misconduct happened. according
to Kempster. on Mr.. Vanderbilts private
car. the Wayfarer. in October. 1900. ON q
trip from Norfolk to Richmond, Va. Kemp
ster was not certain Of the date and could
only fix 1t as the 18th. 18th, 10th or Goth Of
October.
Benedict Clarke. another witness. testi-
fed to having met Mr.. Vanderbilt In the
company Of q woman who, according to
Mr.. Clarke was introduced az Mrs. Ruiz.
woman Of this name has been associated
with rlmors Of the Vanderbilt divorce suit
for several months.
Though there is no order. sealing the
papers In the Vanderbilt case. Justice
O'dorman directed the clerks not to allow
any one to make notes OF the contents OF
the papers. Under the Penal Code 1t is o
misdemeanor to make notes OF such pro-
ceedings unless for the interests OF the par
ties or attorneys Immediately concerned.
The interlocutory decree directs that Mr..
Vanderbilt may apply at any time. TO the
Supreme Court upon five days notice to
Mrs. Vanderbilt for directions In respect
to his rights OF access to" the child William
H. Vanderbilt
There is no provision for alimony in the
decree nor is the subject referred to in the
referees report.
MIR. Vanderbilt appeared in opposition
TO the suit through his counsel, Anderson
4 Anderson. and served an answer to Mrs.
vanderbilt's complaint. The answer was
merely general denial OF her allegations
- to adultery. and 1t does not appear that
Mr.. Vanderbilt took any more active part
In opposing the trial Of the case or the entry
OF the decree. II will be three months be-
fore final decree can be entered. at the
end Of which time Mrs. Vanderbilt can
apply for final decree and may then, when
It Is granted, which will be purely matter
OF form. resume her maiden name Of French
II she chooses. She may also marry again,
In this or any other State. but Mr.. Wander
bilt. under the laws Of this State. will be
prohibited from marrying again until she
is dead. unless at the end Of Ave years. on
the production Of proper papers TO show
that he has been Of good moral character
and behavior since the entry OF the final
decree. he obtains from the Supreme Court
permission to marry. His uncle. William
K Vanderbilt. Jr.. obtained such permis-
sion before marrying his present wife. who