The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-31
MRS. BISHOP IS
GRANTED DIVORCE
ATTORNEYS REST AND COURT
DOES NOT HESITATE IN
ITS JUDGMENT.

NEW YORK, May 3o.--After a cone
sultation for nearly FIVE hours today
between the attorneys for Mr.. and
Mrs James Cunningham Bishop, in
Mrs Bishops suit for divorce on the
ground that the banker was guilty or
misconduct with Mrs. Leila Gaines
Gwathiney, wife of J. Temple Gwath-
mey. former president of the New
| York cotton exchange, the lawyers for
both plaintiff and defendant an
nounced to Justice Goff at O'clock
this afternoon that they rested their
case. The court Immediately award
ed decree to Mrs. Bishop.
The sudden ending and disposition
of the case took less than ten min-
utes. but the courtroom fun of men
and women who had been waiting
there since 10 o'clock in the morning
was prepared for the announcement
since 1t was known that the protract-
ed conference was due solely to a
disagreement over the terms of the
divorce decree, carrying with it the
question OF alimony and the custody
of the four daughters.
When the attorneys reported to tbs
court that they were still far apart
on the question of alimony and the
custody of the children, although
Henry w Taft, the defendants at
| torney said there was a reasonable
prospect that they would reach an
agreement
The abandonment of the defense to
the divorce suit was indicated at 80
o'clock this morning. The lawyers
for both sides. after n consultation,
told Justice Cor that in view OF the
positive testimony of 81 score of wit
nesses for the plaintiff that they had
seen Mr.. Bishop and Mrs. Gwathmey
in suites at the Hotel Aston on more
than one occasion, and the inability
Of the attorneys for the defense to
shake the testimony, 1t would be q
waste of energy to consume much
more of the courts time with the
case After being informed that
there was little doubt that an agree
ment of some sort would be reached
during the day Justice Goff went back
to his chambers. He told the lawyers
| when he left that he hoped the case
might be called at 12 o'clock, and
disposed Of.
DSting the time that the attor-
neys were considering In the fore
noon. Mrs. Bishop and her husband
were both in the courtroom. Mrs.
Bishop chatted with some women
friends while Mr.. Bishop sat with
counsel He seemed to be completes
~ unnerved.
III tHe pfCtkouS dIliiioHy pTpCpP1-
ings Mr.. Bishop had admitted that his
income from the banking firm OF
Redmond g. Co., and from securities
was about $4,000 year. Mrs.
Bishop originally got an order for
$4,000 a year alimony based on this
income, but 1t was cut in two later
by the appellate division. The law
yers found themselves unable to come
to terms on that point today because
Mrs. Bishop insisted on $4,000 with
an additional allowance for the main
tenance Of each child awarded to her
custody.
AS to the custody of the children,
Mrs. Bishop fought for the three
youngest Natalie, fifteen; Auriel,
Pending the trial Mr.. Bishop had the
| custody Of the three eldest daughters.
Mary, twenty: Augusta. nineteen;
Natalie and Muriel. His two Oldest
daughters have been living with him
at the hotel Belmont since he left
his wife.
AS the afternoon wore on and the
lawyers found no basis upon which
they could agree they reported the
fact to Justice Goff and told him they
were ready to rest.
AS soon as Justice Con- entered the
courtroom. James NJ. Osborn announced
that the plafntif rested while Mr. Taft
said "the defendant rests Justice
Con- who had not been informed of pro-
posal to eliminate Mrs. Gwathmey's
name from the divorce decree said:
THE evidence Is clear and convincing
that the defendant was in Hotel Aston
on the dates specified, and judgment
Is rendered for the plaintiff accordingly.
When informed that counsel could not
agree on the question of alimony and
the custody vt the children Justica
Goff expressed the wish that counsel
come to some amicable agreement on
the matter and gave them until Monday
to reach an agreement.
A statement In the early stages Of
the case that Mrs. Bishop was not Of
sound mind made by George Gordon
Battle, Mrs. Gwathmey's attorney in a
letter to District Attorney Whitman.
resulted In a suit for $4,000 damages
by Mrs Bishop for libel. In the course
of the conferences of the lawyers to-
day Mr.. Battle insisted that IL the de-
Tense was abandoned the libel suit
against him should be withdrawn, IL
Is expected that this will be DONE