New-York tribune., 1909-06-09
n. GUGGENHEIM SUED
ACTION TO SET ASIDE
CHICAGO DIVORCE.
ALLEGED to Haze Been Obtained by
Fraud-Wfe Says Facts We're
WiSreWeSented to Her.


-sicaeo June S.-Judge Honore ordered Will
d., Guggenheim. Of New York head of the
.o-called srrelter trust. and Grace B. Guggen-
,.4n to-day TO show cause why their divorce,
--,,1red in Chicago in 1901, should not be set
aside.
Edward F Dunno, formerly Mayor Of Chi
,.ro who issued the divorce decree while a
3vsge in the Circuit Court. represented the com
1snant Grace b Guggenheim. and appeared in
.agrt with I'VE affidavits alleging that the di-
rorce was obtained by fraud.
Nj Dunno declared that the decree was
raudulent. neither party TO il was a legal
rsfdent Of Illinois at the time Il was granted
End misrepresentation were made to Mrs Gus-
rsnneim 10 get her TO sue for the divorce. The
complainant also AYERS that Mr.. Guggenheim
and MS wife's supposed attorney Louis Werner
q New York conspired TO practise a fraud on
ths court She further states that alimonv Of
f15a000 was given her and that her attorney
got 1880 Of the amount
Mrs. GUggenheim AYERS that it had been rep
resented 10 her that the defendant was the
weakest and least important member Of the
Cuggenheim family while in fact he is the
abest Of the seven brothers and the chief or
ganize- and business head Of the great combina-
ton Of mining and smelling interests owned by
the family She adds that his personal wealth
is probably more than S350OO0o
The complainant has been married three times
and has figured in an equal number Of divorce
suits After the 1901 divorce. Nr Gurgenheiru
married Aimec Lillian Steinberyer. The COM
plainants first husband was William c. Herbert
naval officer who got divorce on the grounds
II dese-tion. Mr.. GugSenheim married her on
November 90. 1900. Some four months later
in,
ants next husband was Jules Roger wahl. who
obtained an annulment Of the contract in France
on the ground that the Chicago decree was in
valid.
The Complainants affidavit in the present
proceedings was attested 10 before a New York
notary on March p She tells how she met
Nj Guggenhein in June, 1900 He followed
her about until she finally consented 10 marry
him. she says. They were married quietly at
Hoboken. She was forced to keep their mar
rage secret. as Guggenheims family were
orthodox Hebrews and she was a Christian.
They lived al the Hotel Manhattan in New
York until December 81. 1900. when Nj Gug-
genheim told her he had decided 10 leave her.
as his family was still unalterably opposed to
their marriage. Nir Guggenheim then went TO
Europe.
After many efforts 70 get Guggenheim 70 re-
turn TO her. the complainant SAYS she finally
consented TO sue for a divorce on the advice
Of Daniel Guggenheim, one of the defendants
brothers. II was suggested that she go to
South Dakota for four months and sue there,
bu; she refused Il was finally decided that
Ire suit should lie fled in Chicago.
She arrived in Chicago on February Il 1901.
sccorap panied by Miss Mary Sesnan. She re-
tgrned 10 New York while the divorce suit was
pending and revisited Chicago in the latter part
Of February and in March. Werner. her at
torney, she ayers. said that when she was
asked where she lived she must say in Chicago.
End explained that this would be perfectly
true.
After the decree was, obtained, the complain
ent says. she returned 10 New York and soon
afterward Vas married 10 Wahl When he
later obtained al annuIInent Of their marriage
she believed herself free TO marry again. On
consulting her present attorney she was ad-
vissd that the Chicago divorce was void and
that she was still the legal wife Of Guggen-
helm.
Other afidavirs were fled supporting the
oonplainant's statements
Grace 2 GugFenhein brought suit for absolute
divorce against William Guggenheim in the Special
Term q the Supreme Court Of this state in Janu-
aEE. Mr Gugsenheim lives with his present wife
al No. 533 Fifth avenue
Ihe plaintiff made no mention Of the amount OF
alnony, but claimed that as the Chicago divorce
was nor legal she still his wife, and therefore
was entitled 10 aIimony She set forth that her
marriage 70 Wahl had nothing TO DO with her righ.
10 sue Nj Gusgenh=m. incidentally she asserted
hat NJ. GGggenhe5n's second marriage in
valid
-he case Ras opened before Justice Gerard. who
Aeaia the Introductory arguments and then ad-
-olrIed the hearing for Z week Samuel Inter
nlyeT, counsel for III Guggenhem, asked for
-naefnlte adjournment. that he might take the
oeposIlcns OF Witnesses abroad ". NJ. Sesbury,
Who represented Grace y. GugFenheim. opposed
S-cn a. adjournment, declaring that his client was
Il want M Uureruyer repeated his demand for
so3ournnlent and made the declaration that the
oonauct of the plaintiff in France and the action
-o divorce before the French courts would be in
Festgsted- The case has never been reopened-