New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-26
MRS. RATHBUN SEEKS
. DECREE OF. SEPARATION
Charges Granddaughter of lie.
high University's Founder
with FaithIeSSneSS,
WAITRESS NAMED IN CASE
Complainant Accuses Her a,
Alternating Husbands Aztec.
tions and Asks for
$50, 200 Damages.

In an action whose complaint abo,.,
with allegations of faithlessness 80
perance and abandonment, Mrs. Eliza !
Rathbun is asking the Supreme Court -.
decree of separation from John f. Raj
bun, who is granddaughter of tho IA.
Asa Packer, builder of the Lehigh Var.r
Railroad and founder of Lehigh In,v.,
sity. Rathbun is a paper salesman. ~.
wife lives at the Hotel Bossert, In Brook
Ign. but according to the husband oh.
has refused TO permit him to share tb,,
home with her.
Mrs. Rathbun also is suing Miss Jenni.
McCue, waitress, upon whom she sav.
her husband lavshed much money. som.
OF which was hers, for $1,000 damap..
for the alienation IF Rathbun's affections
Mrs. Ratnbun alleges that for a period
Of four months her husband drank tvo
quarts of whiskey every day.
Mrs. Rathbun is the daughter OF N.
late James Gazeley, who was a wen
known and wealthy resident of Albany
She married the defendant in 1854 A
Watervlet. y. Y. They have two mar.
red daughters. The court has awarded
Mrs. Rathbun S25 a week alimony and Sxa
counsel fees pending the suit
According TO Mrs. Rathbun. the attep.
tons Of her husband to Miss McCue have
been open and fragrant. She mentions an
expenditure of s1,c10 which her HUSBAND
made for the young woman, which 10,
cluded a Victrola, 800; hat with q bird
of paradise, si5; two hats. SIS and SO, re-
spectively; chain, SIS; ring, Sl65, and en-.
other ring, s3S.
For the sake of her children Mrs. Rath.
forgave him. She sent him to a sans.
torium at her expense to be treated for
his liquor habit When he was pro-
nounced cured, his wife alleges, he re-
newed his relations with the waitress.
He also borrowed 800. which he said he
wanted To give to Miss McCue. Mrs.
Rathbun. without asking the purpose Of
this payment. gave Rathbun a check for
the amount, and she now holds the vouch.
err with the Endorsement of Miss McCue
on the back.
Mrs. Rathbun declares the conduct Of
her husband compelled her 10 leave Al.
bany. Her father tried To get her 70 sue
for a divorce, but she would not take
that step. But some time in his alleged
Wild career Rathhun felt a pang Of re-
morse and he pleaded with his wife TO
take him back His pleading is contained
in u letter which Mrs. Rathbun has filed
with her papers in court. II reads in
part:
Cannot something be done TO bring back
place in your heart that / once occl-
pied? There is not an hour that [ am
not thinking what good woman ana
wife YOU have been to me and how little
/ deserved IT, Eliza. dear, | am not IN
my right mind. Won't you write TO me.
wife? Won't you hold out a helping
hama? Nobody but you can do IL. Oh
how | miss you. To err is human, TO
forgive divine.
The complaining wife says her alleged
erring husband has been haoitually drunk
and that he abandoned her on Novembe-
%. 1912. She maintains that the 5000
which Rathbun spent on Miss McCue was
from her own savings.
Rathbun denies all the charges OF his
wife and AYERS she has treated him in an
=
The defendant has no salary, he says, but
works exclusively on commission, his In
come amounting TO 500 month. which 10
the amount that Justice Greenbaum has
ordered him TO pay his wife in alinlonN
Mrs. Rathbun's father used 10 contrib
ute TO the support of his daughter after
her marriage. At first he gave her Sis
month. and later the allowance was IN.
creased 10 $1,000 a year. In his will Mr.
Gazeley left his daughter a legacy OF
5000 and half Of the residuary estate 10
trust. lie left one-quarter of the residue
to the children. Mrs. Rathbun is now
building a country home at Bayhead. MI
Rathbun denies that there is due him
any part of the s., 0oo disposed Of BY tho
will OF his granduncle. Asa Packer. HIS
attorney explained that the defendant has
a contingent interest in the estate amount
ing TO $1,000. which he will not set for
twenty-one years, anyway.