The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-08-05
Recommends That She Get q
Divorce and Deprecates
Husbands Defence.
$4,000 ALIMONY ALLOWED
No Merit Found in Claim That
BrOkaw Real Estate Has
Shrunk.

- -. 'a.' "'" w Su'
""'''e HSp'"aii IN 'he sui
.O' "'"'o" oro"snt oy MRS. Mary BIair
| brokaw against w. Gould Brokaw In
day recommending n decree for M.
Brokaw. The report will be In the ha nd.
| Of Mrs. Brokaw's attorneys. GriRRs. Bald
| win a Baldwin of ~ pine .tr.s, IN \.
dav or .o ana ~,u ,h., y. a,.s ~, 49,.
,.vv.r. IN N...., ,o,,n,,, ~. .,..s
60. ,,,..,.. -,..,- .,,
s =" '"A' '"""'' VIII
"'~eu W eo""'" '"e .epoT'
Judse "adhams not only found that
there was sufficient proof Of the defend
ants misconduct on the only occasion on
which Mrs. Brokaw relied for her decree
but commented adversely to Brokaw on
the fact that he flied a counterclaim for
divorce. accusing his wife Of improper
conduct on three occasions. and then failed
to offer any testimony against her. The
referee finds that Mrs. Brokaw's entire
course Of conduct was proper
Judge wadhams has had the case under
consideration for five months and in that
time has held dozen hearings and taken
the testimony Of rs many witnesses. Some
OF the testimony was taken in Washing
ton, d. c. and important evidence was
obtained by a commission issued to the
American Consul at st. Petersburg to
take the testimony OF Jacob Kraak
No Evidence IN Defence
Mr. Rrokaw throueh his ATTORNEY Flu.
,en. 7. pu.hs ofy.rsd mn evidence In his
d.s.nc. hu, coo,ept.d h,m.e,f with at.
,.mp,ir, n hiring .bo,,, 4, reduction of
tho aiimonv NJ sib ooo a wear which was
rrantedby Supreme Court Justice Putnam
in the ssna ration case at Mineola three
years aro In fact the hulk of the testi-
monv in the case related to Brokaws
ability IN continue the payments Of Sir
600 n year
He insisted that his income has been
reduced yearly through decrease in the
value Of his Investments. and that while
he was payinR $4,000 a year to Mrs.
Brokaw he was eettinr only Sll 900 from
his property. before the divorce suit
went to trial Mrs. Brokaw asked for 3l5,-
900 fees. but Justice Blackmar gave her
$1,000.
Mrs Brokav was represented before
Referee Wadhams by Arthur ]. Baldwin
and his assistant. Charles q. Signor John
F.. Mcintyre. who wa. trial counsel for
only once in the divorce suit and then
for ths purpose OF arguing against the
'ohtinuat'on OF the $4,000 alinony' The
attorneys submitted briefs on this ques-
tioh' ana AFTER denoerat'ng over that point
LOT several weeks Judge "adhams de-
c'oeo that there had peeh no decrease IN
brokaws income which would warrant
reuuc'ion IN the aiih'ohS'
When Mrs Brokaw brought her suit
IN May, lsl2. she named three core
spondents. She alleged that she first
became suspicious that her husband was
paying attentions to other women in July.
1905. when telephone call came to their
nome IN Great Neck from woman seek
ing to make an engagement with her
husband. BY adroit questioning Mrs ,
Brokaw said she learned that her husband
had been intimate on board his yacht. the |
Sybarita, with a Miss Estelle Perry. one
OF the party that cruiset with Mr.. Brokaw
to New London. Conn. in July, 1908. The |!
call came n few days later and |
Mrs, Brokaw said her allegations con-
corning the cruise to New London would |
be supported by the testimony OF Mr.. !
brokaw's secretary. Walter Biford. and !
his valet, August Bignet.
Tws ChsrSes Dropped.
Mrs Rro,,aw. ..cora o,,..o,,, -, ,
conduct concerned mn a,,o,,'o,',,., ,.,.,
made by Rrolaw rror, Nsu, VII, >, ..r
Hotel Carlton NJ stnm,orI corn ,.,,h
,no,her corpI. ana -. ' W."
rsed 20 De Miss Mabel Weeks. For rea-
no testimony WAS offered before tho r.,.
,ree concerning the charges aya,n., M,.s
Weeks and Mis-. Perry, n is understood
hat one of the Young woman I'm. h.-,n
married since the alleged improner copIuc,
With Brokaw and that a. Mrs proLaw.s
counsel felt that there wo. .ur,,,,sr,
evidence without using the two a,Isw.I
occurrences In this country. these chorso.
we're abandoned before Judre Wadh.n.
The third allegation. and the one ,,non
which Referee Wadhams recommends a
Iecree. concerned Mfr. Brokaw.. cond,c,
With a Nine Susan Totti. with whon,
srokaw was alleged to have made a trim
o Europe in April 1903. The testimony
N this point was given not only BY mem.