Evening journal., 1911-12-01
DIVORCE FOR
SINCLAIR, POET
Referee Finds Wife Of Novel
ist Guilty Of Misconduct
With Kansas Poet
MOTION TO DISMISS
BILL IS DENIED

NEW YORK. Dec. 1.-The report
oi Referee William C. Kelley. recon-
mending decree Of divorce for Up
ton Sinclair. the novelist, from Mrs.
Fuller Sinclair has been filed in the
Supreme Court. Referee Kelley
found Mrs. Sinclair guilty Of mis-
conduct at Arden. Del. and Sea Girt
and Long Branch, n. J.. in August
last. with Harry H. Kemp. known as
the Kansas Poet"
After the testimony before Referee
Kelley was all in, H. B. Philbrook.
attorney for Mrs. Sinclair, moved for
recommendation that the complaint
be dismissed on the ground that Sim
clair had knowledge Of his 'wife's
tendency to derelictions. and that it
was his duty TO protect her against
outsiders. but against her weakness" "
Referee Kelley denied this motion
with this comment:
while it is true that the hus-
band is regarded as the protector. Of
his wife, hardly think that the most
ardent advocate on the female side
would insist that a husband devote
his whole time to the protection OF
his wife, not only from outside as
sault. but from her own inclinations.
The only weapon he is permitted
TO use in this enlightened age is
moral suasion. a weapon o. but little
effect in these days of barometic de-
preston in the marital either, occa-
stoned by these so-called affinity
storms"
Mrs. Sinclair Absent.
Sinclair was a witness, while his
wife did not appear. He said he was
married in 1900. On cross-examina-
ton, Attorney Philbrook asked Sin
clair questions with q view 20 making
him admit an agreement with his
wife to procure a divorce Sinclair
emphatically denied the insinuations.
On one occasion. Sinclair said. his
wife had confessed to him that she
had been unfaithfrl. Sinclair said
the man in the case was not Kemp.
Before Kemp wenut to Arden, Sim
clair said, his wife had an aversion
against sleeping in the smaller OF the
two houses on this land there. but
after Kemp came she began to take
a liking 10 the smaller house. This
did not excite his suspicion for some
time. because he had such confidence
in Kemp.
Sinclair Doesn't Get Angry.
Attorney Philbrook questioned SiG-
clair sharply about his feeling about
Kemp. Sinclair said he had made 10
outburst at Arden. because he had
accepted Kc 1p's word that his rela-
tions with Mrs. Sinclair were innO-
cent. After his Wife left him. he saw
Kemp for the first time at the Hotel
Imperial in New York Attorney
Philbrook asked him IL he was angry
on that occasion and Sinclair re-
spondcd.
gry@
ellen Burrows. stenographer for
Air. Sinclair at Arden. testified that
Mrs. Sinclair and Kemp were together
night after night until after mid
night. She thought this was i'm
proper in q conventional sense.
They were down at the little
house all through the day and -until
late in the evening. she said Mrs.
Sinclair told me he made her very
happy. She told me. as near as I
can remember, that he mad the most
beautiful soul in the world and she
didn't intend TO be interferred with -
Mrs. Grace Schantz. boarding
house keeper at Long Branch. ideai-
fled photographs of Mrs. Sinclair
and Kemp as those OF man and
woman who were at her place iii
August She said that the man never
wore a hat
When asked If she didn't suspect
anything. Mrs. Schantz said Il told
my husband they seemed to be too
loving to be man and wife. Besides.
she had no wedding ring"
Sinclair testified to following his
wife and Kemp with a private detec-
tive, and said he had registered at
Long Branch as Mr. Schuyler.
After the testimony had been put
in Mr.. Philbrook said he had spoken
and written to Mrs Sinclair many
times and had emphasized the i'm
portance to her of defending the di-
<aeorce suit She told him she had no
witnesses and that she was not will
inc 10 gO and fpeffrv