The San Francisco call., 1909-05-09
$4,000 LOST
TO WOMAN BY
COURTS DECREE
James c. Dunphy Wins Suit to
Have Marriage Declared
Void
Divorce Granted wife" With
Big Property Settlement
Is Now Set Aside

Ellll NJ. SliNGESlone, Dlu6I IWlsc
known as Edith NJ Dunphy. never was
the wife of James Clay Dunphy. the
wealthy cattleman, Judge Graham de-
faided yesterday. The finding has the
further effect of presenting her with a
husband whom she hates. and from
whom she thought she was divorced in
April, 1SsS-Julius Silverstone of Port
land, Ore. a lawyer and former judge.
Judge Graham granted Dunphy's suit
10 annul his marriage and denied the
womans petition for a divorce. Mrs.
Silverstone. therefore, has no claim for
alimony or support upon Dunphy. not
w1thstanding that they believed they
were man and wife and lived together
as such for I'VE years.
This crash is all the more disastrous
and overwhelming for her in view Of
the fact that at one stage in the pro-
ceedings she was victorious over Dun
ply, and was granted not only a decree
OF divorce from him, but a settlement
Of $50. 900. That decree and settlement
were. however. set aside on account Of
the discovery Of new evidence.
HAS HAD FOUR HUSBANDS
Mrs. Dunphy is only 80 years Of age.
But there are few women who have
had a wider experience Of matrimony
and Of the mazes Of the divorce law.
She has had four husbands, and at
one time or another has been granted
a decree of divorce from each one. Her
life from the age OF 16 has been feet
ing succession OF husbands and di-
Vorces Until this. her latest bout with
the law, she has had uniform success.
Her first three husbands she got rid
OF without difficulty. Dunphy also
made no real defense TO her suit, and
began to night only when Judge era
ham gave his wife not only a divorce.
tIt "A slice Of his estate worth $50. 600.
Touched on the delicate pocket nerve.
tunphy began to delve- He unearthed
evidence Of the three prior ma rriages
and made the sensational but unsup-
ported allegation that from no one OF
her husbands had the so called Mrs.
, SInphy been divorced. This charge of
poly gamy was soon dropped, however,
and Dunphy relied upon his assertion
that from tie husband Immediately
preceding him. Julius Silverstone, the
woman had neglected to set a divorce
On this issue the case was fought out,
and the court yesterday decided that
The woman known as Edith II Dunphy
Is ia reality edith N. Silverstone. thus
uphOlding Dunphy.
The point decioed was of a purely
legal and technical character. il
turned upon Z question OF length fof
residence. When Mrs. SiIVcrstoEe was
granted what purported to be a divorce
from Julius Silverstone in Hillsboro.
ore, April 5. 1898. she had not been
resident Of oregon L months. as the
laV Of that state required. Therefore
4 rls
Guence she is still AIRS. Silverstone the
court held. The marriage to Dunphy
January ., 1908, was, in the technical
sense, bigamous.
MARRIED At SIXTEEN
Mrs. Silverstone's first marriage took
place in 1893, when at the age of 16
she welded Oliver II. p Sunderhaus.
Her son by that marriage. and her only
child Benjamin W. Sunderhaus, is now
living with her. Sunderhaus proved
idle and dissipated. and in one year
h.s child wife left him. April 20, 1895,
she secured a divorce
The second husband was William C.
Coney of san Francisco. whom the
young divOrcee married in May, 1892.
= little more than a year after the first
divorce Coffey, also, proved insult
able. owing. as Mrs. Silverstone now
claims, to his quarrelsome and drink
ing habits. She left him and went TO
Portland. where she became ac-
Quainted with SiIverstone. lawyer.
Events followed quickly She re-
turned 10 San Francisco with her
, mother obtained a divorce from Cof-
fey January y. 1898. met Silyerstone
in san Francisco by appointment, went
with him TO Stevenson. in the state
OF Washington, and there on January
20. 1898. married him. She had then
been divorced from Coffey only eight
days
with her third husband she went TO
Portland to live. Silverstone began to
abuse her almost Immediately after
ward she alleged
Finally he made life so burdensome
that she sought a divorce" she says
In regard TO the man who is now to
her chagrin restored to her as hus-
band. The suit for divorce was begun
April 8. 1888 and was granted the
same day. Thus, within less than three
months, she has been twice divorced
She returned to San Francisco and in
January 1903. married Dunphy
W hen DUnphy raised the point that
the divorce from Silverstone was not
valid divorce, Mrs. Dunphy. as she
was known. replied through her at
tOrneys that as a matter Of fact there
never was a legal marriage to Sill /
fornia prohibited the remarriage with /
in one year after divorce, and she had
married SilverstOnes less than two
weeks after she was divorced from
Coney. Judge Graham. however re-
lying on the decision Of the supreme
court in the case Of Wood, holds that
the woman became unmarried upon
getting the divorce from Cofrey and
was at liberty to remarry anywhere /
except in the state OF California The
marriage TO Sflverstone therefore was
legal, but the divorce from Silver
stone was no divorce. the court holds /
The. circuit court Of Oregon was with !
out Jurisdiction to hear the divorce I
proceedings Instituted against Silver
tone. Judge Graham decides, Mrs /
SiiverstOne not having lived in Oregon I
y months.
DUNPBY SOUGHT RECONCILIATION /
Before her suit for divorce from |
1otfrr,rv wa oa17aT trial Tlr1un n41xr I