The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-06
HEARD BEHIND
CLOSED DOORS
Yarmouth Case Proved SenSa-
tional and Marriage Was
AnnuIIed by Court.
EARL FAILED TO APPEAR
BREVlTY OF THE PROCEEDINGS
A SURPRISE.

London, Feb. 5.-Sir Birrel Barnes,
president of the divorce court, today
granted the Countess of Yarmouth, who
was Miss Alice Thaw of Pittsburg, a
decree multiplying her marriage to the
Earl of Yarmouth.
At the time fixed for the commence
ment of the proceedings every one not
actually engaged on the case was ex-
cluded from the courtroom. The case
was prs ctically undefended and the
hearing lasted for only half an hour.
The countess, attired in a fashionable
| black gown, was present. but the earl
of Yarmouth was not in court.
Marriage Not consummated.
Only four witnesses were examined.
They were the countess of Yarmouth
herself, her maid, a doctor appointed
by the court and an American lawyer
who proved the marriage. The count
ess gave evidence In support of her al
legation that the marriage had never
been consummated and the maid tes-
| titled that the earl and countess had
been living as man and wife. Accord
ing to the evidence of the doctor, the
earl of Yarmouth was capable of con-
summating the marriage, but counsel
for the plaintiff contended that this
marriage had not been contaminated
and he pointed out to the judge that it
was within the discretion of the court
to annul the marriage if it were proved
that it had not been cOnsummated.
The earl of Yarmouth did not de-
fend the case, his lawyer satisfying
himself with pointing out that the evil
dence of the doctor removed any stig-
ma placed on the earl by the evil
- 81
no grounds on which the countess
could have sued for divorce.
The judge pronounced his decree, an
nulling the marriage, without COM
ment.
In the ordinary course of events, 1t
will be made absolute in six months.
No mention was made of a marriage
settlement, and 1t was learned from an
authoritative source that contrary to
certain published statements the cues
ton of revising the settlement has not
been discussed by the principals or
their solicitors. and that it is not
likely to be discussed
BreVlty a Surprise.
The brevity of the proceedings came
as a surprise to everybody except
those engaged in the case That
the hearing should be short was
arranged when the application was
made last week, and at the trial today,
counsel not undertaking TO occupy more
than an hour. The fact that coun-
sci of the earl of Yarmouth had de-
cided not to defend the action of the
countess made this possible This
change from the previous intention to
contest the case is said to have been
influenced by the evidence given re-
Gently in New York at the trial of
Harry K. Thaw, brother of the count
ess, for the murder of Stanford White,
with regard to insanity in the Thaw
family. as well as the verdict of the
jury that Harry Thaw was insane
when he committed the crime
Papers Kept Secret.
The papers in the case are being
kept secret, and all information re-
garding the nature of the charges has
been carefully withheld. The statement
was made, however, that the charac-
ter of the medical evidence to be given
made public hearing inadvisable
1t has been well known for two
years past that the domestic affairs
of the YarmOuths were unhappy The
earFs companions and his manner of
living, it was said, were such that he
could not give his wife the place in
society which she had a right to ex-
pect.
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 the IN
happy union and the difficulties of her
brother, Harry Kendall Thaw. The
fact that the countess has decided def
initely to seek an annulment of her
marriage was made known here jan
uary 3. when she applied to the divorce
court for a decree.
The Hartford family, the head of
which is the marquis of Hartford, whose
heir the earl of Yarmouth is. is one
of the oldest and proudest of the Brit
ish nobility. The marchioness of Hert-
ford stood by her daughter-in-law
throughout her troubles and exerted
herself to reconcile the couple, but in
vain. The family of the earl is much
distressed at the notoriety brought
upon 1t as result of the action taken
by the countess.
Since her marriage the countess has
made her home in England