The San Francisco call., 1909-03-25
.DUNPHY DIVORCE
CASE is A TANGLF
Agreed Statement of the Facts
Is Submitted to the
Court

The complicated divorce litigation be-
tween James Clay Dunphy, the wealthy
cattle dealer, and Edith W. Dunphy
was submitted to Judge Graham yes
terday for decision on an agreed state
ment of facts. Mrs. Dunphy is suing
for divorce on the ground of cruelty,
while Dunphy seeks to have the mar
riage declared null and void because
as he claims, Mrs. Dunphy was the wife
OF Julius Silverstone, a Portland attor-
ney, at the time he (Dunphy) married
her.
Mrs. Dunphy was granted a divorce
from Dunphy last year. and awarded a
lump sum of $4,000 in lieu of alimony
Dunphy afterward had this set aside
because of newly discovered evidence
He fled affidavits showing that Mrs.
Dunphy, who is but 81, had three hus-
bands before she married Dunphy. She
obtained a decree of divorce from each
one Of the three, however. but Dunphy
claims that the divorce from Silver
stone. which was granted by the courts
of the state of Washington in April,
1898, was not valid because she had not
then resided in that state the statutory
period of IL months. Mrs. Dunphy
goes further and asserts that her mar
riage to Silverstone was really no mar
riage at all for the reason that when
she married him she had been divorced
from the previous husband, William c..
Coffee OF San Francisco only eight
days, whereas the law of California
denies the right of remarriage until a
year has elapsed.
Out OF this tangle Judge Graham has
to decide whether either OF the Dun
phys is entitled to a decree. Although
the parties were not in court yesterday
the judge suggested to the attorneys
that reconciliation would be a. pleas
ant way Of cutting the knot ]. H.
Meredith, attorney for the husband.
said Dunphy was willing to make I'D
with Mrs. Dunphy. but Ernest Pag-
nuela, Mrs Dunphy's lawyer, said he
must consult her before making any
statement.
Annie Zussman was granted di-
vorce by Judge Graham yesterday from
Samuel Zussman a physician who is
more than twice the age of his wife.
on the ground of desertion. At the
time they were married, in August.
1905, Zussman was SO and a widower
and his bride only 90. They had been
married only four months when zuss-
man sent his wife home to her parents.
telling her to stay there until he sent
for her.
other divorces granted yesterday
were:
BY Judge Van Nostrand-Harry p.
Leonard from Olga E. Leonard, deser-
tion.
BY Judge Cabaniss-Katherine Myers
from c. II. Meyers, cruelty; Louise
Foge from Jacob Foge, habitual intem-
perance.
BY Judge Graham-Elizabeth j. Rob-
inson from Fred L. Robinson. deser-
ton; Efie NJ. Burke from Eugene
Burke. cruelty.
BY Judge Troutt-P. H. Shirley from
Nellie M. Shirley, desertion Ethel Fl.
Adams from George Adams, wilful neg
lect.
New suits for divorce were filed yes-
terday as follows:
Amelia r. Godfrey against James A.
Godfrey, cruelty.
Emma E. Bright against Walter r.
Bright, desertion.
Lulu F. Winder against Joseph @.
Winder, desertion.
Mrs. M. -Torlinson against S. Tom
linson, desertion.
Clara A. Cunningham against Arnold
d. Cunningham. suit for annulment on
the ground that Cunningham. at the
time of the wedding, in Sydney. Aus
tralia. was the legal husband of a for
mer wife living in England.