The sun., 1908-03-17
VIRGINIA DIVORCE NULL HERES
THOCGH GOT EOR THE ONg CICSI
NEW YOAK RECOgNIEEV

4 diyofcs oase n mora than ordinary
legal and human interest h nov occupylng
the attention. n the Appsllals Division
NJ tho Supreme Court IN THE department,
Lawyers who make q study Of matrimonial
I litigation are deeply interested In Inc
ouioome NJ this suit. which viii probably
be carried 10 the United States supreme
Court. no matter which way The state
courts pass on II.
The action IL entitled 'Ports v Ransom
W. IVA B. Hill Ransom and ita present
stage IL an appeal BY tho defendant from
q deoree oi divorce granted 10 the plain
| Nm by Justice Victor j. Dowling sitting IN
special Term Of tho Supreme Court Mrs
Ransom as she IL known legally IN this
State. Ia actually MrS. George l.. Browning
Of Madison, Va. having married a lawyer
of that name we'll known In Washington
as the law partner Of Representative James
Hay Of Virginia.
| Mrs. Ransom became Mrs Browning
FIVE years after she had obtained a divorce
from Ransom In the circuit Court Of vir-
ginia, Madison county. Ransom is a son
Of former Surrogate RastuS 3. Ransom.
and at the time Of the Virginia divorce
was partner with his father In the firm Of
Ransom A Ransom at 29O Broadway. Since
then he has maintained a separate Office
at 80 Park row, while the Surrogate has
his Offices at i2s Broadway. Ransom
did not defend the Virginia action, as no
service was made on him except by pub
lication. under the Virginia statutes, and
here lies the cruI Of the legal question now
before the Appellate Division.
The Virginia decree was granted 10
bona fde resident Of the State, Madison
being Mrs. Ransom's native place and
she having returned to her home and
relatives there. Also 1t was granted
after 9 full hearing and In conformity
with the Virginia statutes for the
only cause which the State of New York
recognizes in q suit for divorce, adultery
And Furthermore. though he went 10 the
trouble Of procuring a copy Of the decree
shortly after Il was granted. Ransom took
no steps, as the decree itself gave him an
absolute right to do, TO intervene and
have the action reopened within three years
Two years after the elapse Of this statu-
tory period, knowing that Ransom had
received a copy Of the decree four years
before and had made no move except to
demand from her the return OF her wedding
and engagement rings and some other
trinkets Mrs. Ransom became the wife
Of George l.. Browning, the ceremony
taking place at the Madison Court House
! on February 21. 1903. Less than two months
| later, on April "a. 1905. Porte " Ransom
! began an action for divorce In the Supreme
Court here on the ground Of her adultery
with George l.. Browning.
Some months before Mrs. Ransom began
her suit in Virginia Ransom had written 10
her suggesting that there be permanent
! separation between them, and il was on the
! strength Of this letter that she began the
| suit. There is a child Of the Browning
marriage whose legitimacy Ii attacked by
| the decree OF divorce which Ransom now
! holds.
Eva Byrd Hill and Porte V. Ransom
we're married in New York on June I, 1890
! She was born in 1859 in Culpeper Va.
her parents being Frank T. Hill and Mari
! cite Byrd Miller Hill, both of whom died
/ before she was IA months old. Miss Hill
Saunders, and her husband, Carter \.
| Saunders, with whom she moved TO New
York in 1881 She attended the school
kept 10y the Misses Graham at R3 Fifth
avenue, and il was while she was there
that she became engaged 10 Ransom,
The marriage was celebrated In New York
instead Of az the old home in Culpeper
because Of the sudden death Of her uncle,
Major Hill
~ -. -. ..a,- -, H. Don,o,,,, I;,,,I I-,r
pilv together and she became the mother
Of two children, a daughter, Elizabeth
Miller Ransom, now IA years old. and a
son, Carter Saunders Ransom, who is 10.
shortly after the birth Of the son the
conduct Of Ransom began 10 change. Mr..
and Mrs. Ransom used TO spend their sum
mers at Glendalough, Va, the home place
Of the Hills The testimony Of Mrs. Ran
som before Justice Bowling is embraced
in the findings Of fact made by the Justice
on which the decree ia based and the fif-
teenth finding Of fact reads as follows:
In MAY. 1895. the defendant on ccount
NJ the plalntih conduct and habits of lie
and cruel and inhuman treatment Of her,
left the plaintiff and went to Glendaough,
Madison county, Va, with the intention Of
never returning to the plaintiff Before
she left the plaintiffs father advised her TO
stay with her relatives in Virginia.
In the course OF the other thirty-hve
findings Of fact made by Justice Dowling
he sets forth that Ransom induced his wife
to return 10 New York by his promises Of
better behavior. but failed TO keep his
promises, and abe was Obliged TO 60 South
again with the children. On one occasion,
In 1899. Ransom is quoted as having said 20
Mrs. Nellie Bispham, a relative Of Mrs.
Ransom:
Nellie, Eva has been the truest, best wife
r man ever had and have been the veriest
devil Of a husband. have never been true
to her one single moment since werwere
married, and II I were to tell you the things
have been guilty Of neither YOU nor she
could underSand, because YOU are both too
pure to know Of such things,
In August, 1899, she learned certain
things which decided her that she had
trusted her husband for the last time On
April 10, 1900, Ransom wrote TO his wife in
Virginia a letter containing the following
paragraph:
You must now take your choice, your place
s either with me or out Of my life altogether
II is time the situation be settled for good
and ALL II you persist in your present con-
| duct The separation that has been actual
for more than year should be made legal.
Accordingly Mrs Ransom, in March.
1901 began her suit for divorce in Virginia
| through her counsel, Congressman Hay.