The San Francisco call., 1908-09-25
MRS. DUNPHY SAID
TO BE BIGAM|ST
Case Reopened by CattIeman,
Who Makes Startling Asser-
ti0ns About Divorced Wife
Declares Records Fail to Show
That She Was Separated
From Third Husband

After his wife had secured a
divorce. been awarded alimony and
the entire proceedings relegated to
the past, James Clay Dunphy. a
wealthy ranchman, who was divorced
September 6, reopened the case yester-
day with the startling assertion that
his wife had not been divorced from
her third husband prior to marrying
him.
In motion filed yesterday he asked
that the submission of his divorce
case be set aside and that permission
be granted him to prove that the
woman who secured a divorce and $780,
900 alimony from him was not his
wife, but that of Judge Silvestone
of Portland, Ore. His claim was that
she had married Silvestone, but failed
to get a divorce from him.
Portland dispatches deny the con-
tention. According to them Mrs. Edith
M. Dunphy was married to Silvestone
at Stevenson, Wash, in 1898, but that
late the same year the couple were
divorced, the decree being granted to
Mrs. Silvestone in Hillsboro, Ore. on
the ground of cruelty. Silvestone said
the marriage took place in January OF
1898 and the divorce was granted in
April the same year
+ During the progress of the trial
Dunphy kept silent. He made no de-
Tense of the charges of cruelty and
dissipation made against him, allow
ing Mrs. Dunphy to prosecute and win
her case without any interference
from him, with the exception of an
objection to the amount of the ali
mony.
HOPE FOR RECONCILIATION
The reason for this attitude, he de-
clared in his affidavit, was that he
was under the impression that a
reconciliation would, be effected He
said that his wife visited him often, ap-
peared in public places with him, and
that, being influenced by her de-
meanor and his regard for her, he in
structed his attorney to refrain from
offering evidence upon her past life
and from cross examining her about
it. According to his motion. Mrs. Dun
ply had been married three times be-
fore. Her first marriage was to a
man named Sunderhaus, from whom
she secured a divorce; her second hus
band was a San Franciscan called
Coffey, from whom she secured a
divorce also. and her third Judge Sill
vestone of Portland.
Since the conclusion of the trial
Dunphy, seeing that reconciliation
was absolutely out of the question,
said he started an investigation, but
that he failed to discover any record
of her divorce in Portland, where. he
said. she had told him she had secured
a divorce. This would probably be
correct, for the Portland dispatches
state that the divorce was granted in
Hillsboro.
CHARGES ARE RIDICULOUS
These charges are too ridiculous for
any comment" said Mrs. Dunphy last
night. Mr.. Dunphy is well aware that
secured my divorce and the latest
action is but for the purpose of an
noying and distressing me-
The motion concludes with the state
ment that if 1t should be a fact that
the plaintiff is the wife of another any
Judgment which might be awarded
would be payable not to her. but to
Silvestone as being community prop
erty.
Dunphy also filed motion to reduce
the a1imony, saying he could. not af-
ford to allow her more than s100 a
month.