The Washington herald., 1908-04-02
Absolute Decree Demanded
i'll Complaint.
REFEREE Is APPOINTED
Defendant Files Answer and
Sails for Europe.
Refuses To Answer Questions on
Board the Observation-Disclosures sent
by Judge O'GOrman Through Regu-
lar Channels, but Fail to Be Re-
corded - Secrecy Maintained by
Principals, Lawyers, and Others.

New York. April 1.-The big Mauretania
was threading her way cut Of the harbor
this afternoon with Alfred Gwynn Van
derbilt and his cousin. the Duchess Of
Marlborough. aboard. while Justice O'Gor-
man. Of the Supreme Court. was perusing
the complaint and answer in a suit for
absolute divorce. begun by Mrs, Alfred
Gwynn Vanderbilt
AS a result OF the perusaI. Justice
.O'Gorman signed an order appointing
Lawyer David Mcclure referee 70 hear.
determine. and report his findings in the
action. The order was granted on the
signed consent Of vanderbiIts attorneys.
Anderson & Anderson. who Joined with
Garter. Ledyard & AIilburn. counsel for
Mrs Vanderbilt, IN applying for a, refer
enee
Vanderbilt VIII Not Talk.
The Mauretania sailed at O'Clock A
few minutes before the hawsers were
thrown off. Vanderbilt was seen by
number Of reporters. 10 al OF whom he
( expressed q decided dissemination TO dis
cuss his domestic affairs
He was asked point blank whether or
not a divorce suit. in which he was con-
4 cerned as principal, was pending in the
Supreme Court OF this county or else
where. He refused 20 answer.
About FIVE minutes before I o'clock
I Justice O-Go-man handed over 10 James
( AcNierny. clerk of special term. part .
an order which he had just signed Il
had been brought to his consideration by
la representative Of the firm OF Carter.
/ Ledyard d MMburn- There was a copy
al hand Of the original
! McNierny turned the order over u an
assistant with instructions 70 take It 70
the recording Office Of the court. There
It was entered on the books. and the
7 entry showed thar in the suit Of Ellen F.
Vanderbilt against Alfred @ Vanderbilt.
/ David Mcclure had been named as ref
cree.
No doubt IS entertained among those
who have had occasion 10 follow the
matrimonial adventures OF Mr.. and Mrs.
ander6nt during the past few weeks.
but that the suit is for an absolute 6i-
ivorce and based on the only ground
(which the laws Of this State recognize
adultery.
Complaint Served Monday.
II is understood tast the complaint was
served on Vanderbilt on Monday. and
that he entered a general denial as his
lanswer within few hours Of the service
Of the complaint. There need be no
active defense. and vanderbilt's rapid
departure for Europe indicates there viii
he none.
The hearing Of the suit before Mcclure
VIII be held in secret. All that needs 10
ibe done for appearance sake IS 10 have
present some lawyer representing Wander
ibHt at the hearings
AIRS Vanderbilt herself must be a wit
ness 70 testify that she is the plaintiff.
that the defendant is her husband. 70 tel
the date Of the wedding. and 10 swear the
adultery complained OF in her suit was
not committed with her consent privity.
or procurement
She VIII tell OF the marriage in 1905. and
Of the fact that there Is one child. a son.
issue OF the marriage.
Further she cannot go under the pro-
visions Of the code OF civil procedure. SO
that no matter what personal knowl-
edge she may have Of her husband s
actions. she cannot be a witness against
him.
What Hearings VIII Determine.
The hearings before Mcclure may oc-
cupy several days. al various intervals.
or may be completed IN one day. accord
ing 20 the preparedness Of the plaintiff 5
lawyers and their desire for a prompt
termination OF the reference.
Mcclure viii submit 10 the Supreme
Court a report based on the testimony.
and recommend that Mrs. Vanderbilt 5
/ application for a divorce be either granted
or denied. That report VIII come be-
fore a justice Of the Supreme Court for
approval Il the decree IS signed in Mrs.
Vanderbilts favor she must wait for three
months before it VIII be come absolute.
The decree viii contain some order for
the disposition Of the child and may con-
tain an order for alimony. or for a lumr
sum settlement. by consent among the
parties.
She decree. If favorable 10 Mrs Wander
bilt Will permit her 10 resume her maiden
name Of French. and viii also forbid Van.
derbilt from marrying again until she is
dead. For the violation Of such an in
junction. contained II a divorce decree
the Supreme Court. some weeks ago. an
nulled a marriage contracted by a di-
vorced man in this city
But the divorced person may marry il
some other State. This State viii tacitly
recognize the validity Of the second mar
riage.
Mrs Vanderbilt spent tonight with bel
, friend. Mrs. Frederick Martin Davies. a.
% East Eighty-second street She wOulC
r not see any one. and no statement from
her could be obtained
Montana just Exceeds Speed.
Rockland. Ne. April 1.-The armored
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