New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-30
FINDS FOR U. SINCLAIR
Referee Recommends Divorce
for Essential MOnOgamlSt."
A KANSAN POET BLAMED
Novelist Asserts His Wife Had
an Affinity Before Meeting
Harry Kemp.

William s. Kelley. referee in tho action
for divorce brought by Upton sinclair
Socialist and author, against his wite' MIS-
Meta Fuller Sinclair filed his report yes
terdav in the County Clerks Office, recon-
rnending a decree for the husband. Harry
Kemp. a Kansas poet Mr.. Sinclair blamed
for his marital trouble, figured as CO.
respondent in the case. although there was
stu another man, unnamed in the suit
who knew Mrs Sinclair before the cpl
sode with the poet, who was mentioned
IN the testimony.
Mrs. Sinclair did not appear at the hear
tnEs before the referee, saying she had no
witnesses, and that she was averse TO tes-
tifying in person.
The rnisdeeds Of Mrs. Sinclair, in so far
as they involved Kemp, took place at sea
bright, ~ j.. and Long Branch, ~ D.
last August. Just prior TO the open rup-
ture Of relations between Mr.. and Mrs
Sinclair, which was aired at great length
in the press at the time, and in when
controversy Kemp took leading part as
a defender of Mrs. Sinclair and the
would-be pacifler Of Sinclair. The novel
5st said at the hearing of the case that
the poet deceived him.
Mrs. Sinclair, with startling independence
Of spirit announced in one OF many inter
views had with her that she felt she should
Jbe free TO seek her real mate" and that
her husband was an essential monoga-
mist" She said: MY attitude IS one OF
ATTEMPTED Independence. il is in reality an
attempt to solve for myself. and in my
own way the problem of men and women
in matters of sex"
Her manner of carrying out this study OF
1.-THE problem, Mrs. Sinclair said, was her
trrivste affair and did not concern the puo-
'1io
The infellcitous marriage OF the Sinolairs
took place in 1900. IN the examination or
Sinclair at the hearing by II. B. Philbrook'
counsel for Mrs. Sinclair, an effort was
srnade 10 show that the alleged acts OF the
wife were committed with the connivance
tof the husband, which Mr.. Sinclair denied.
He said his wife had made admissions OF
swrongdoing with a man other than Kemp
lend that he forgave her. but that while
they continued 10 live in the same house
their relations after that we're not those OF
husband and wife. When Sinclair's suspi-
Actons became aroused regarding the Kan
san poet he discontinued social relations
with Kemp.
Mr.. Sinclair said he argued and protested
with his wife. and also with Kemp, but
that he had no quarrel with Kemp He
said he had for a time accepted the word
Of Kemp that his relations with Mrs. SIN
, clair were innocent
Counsel for Mrs Sinclair asked the nov
.elist whether his suspicious did not make
him angry, and his reply was: II am &C
customed 10 get angry"
Miss Ellen Borroughs. stenographer for
Sinclair testified that Mrs. Sinclair and
Kemp were frequently out until after mid
night, which she thought was Improper IN
the conventional sense" Mrs. Sinclair told
her. she said, that Kemp made her very
happy" and she thought he had the most
beautiful soul in the world.
Mrs Schantz. who kept g boarding house
in Long Branch. testified that Kemp and
Mrs Sinclair came 10 her house, repre-
senting themselves as husband and wife.
lie asked for quiet room for his wife,
saying she was nervous. Mrs. Sinclair used
to take her meals in her room. After sew.
eral DAYS. Mrs Schantz said she remarked
TO her husband that the new boarders were
too loving TO be husband and wife, and be-
sides the woman did not wear a wedding
ring.
Mr.. Phlbrook argued az the hearing that
Sinclair knew of the alleged acts Of his
wife, and should have guarded her against
her own weakness and protected her. The
lawyer for Mrs. Sinclair wanted the
charges dismissed.
Mr. Kelley, the referee, said man could
not devote his whole time 10 the protec-
ton Of his wife, aud added; His only
weapon in this enlightened age is mora
sussion. a weapon with but little effect in
these DAYS Of barometrical depressions In
the marital ether occasoned by these So
called affinity storms"