The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-08
WIFE WINS RIGHT TO
PROVE HER SANITY
Annulment Of Mrs. Harris Mar
rage Is Set Aside by JUS
tice Blanchard.
SHE CLAIMS NOBLE BIRTH
Hart Is Engaged and His We'd
ding Is Halted Until Suit
Is Finally Decided.

Through the action OF Supreme Court
Justice Blanchard In setting aside a de-
crCe az annulment obtained by a husband
Four years ago on the ground that his wife
Was insane second marriage by the
husband which had been already planned,
VIII be stopped and the wife will have
an opportunity TO prove whether she really
is the daughter of an English nobleman
and dancer or whether the belief is
merely an insane delusion.
In many respects the story told by
Mrs. Marguerite Y. Hart in applying for
an opportunity TO defend an annulment
suit brought against her in 1908 by Edgar
J. NJ. Hart a teacher in the American
Academy OF Dramatic Arts, is one of the
most remarkable ever heard In the SUI
preme Court, involving, as II does, the
Efforts OF founding brought here many
years ago by an English liner and put
In an orphan asylum by the matron OF
the vessel TO prove that she Is OF noble
birth and that although she was de.
mented when her husband brought his
annulment suit six years ago she was
driven insane by her husbands treatment
after her marriage and was mentally
sound at tho time of her marriage in
1906.
AItenists Disagree.
number OF the leading allen,sts OF
New York disagree as to whether Mrs.
Hart was insane when she was married
put physicians making affidavits for Mrs
Mart declare that she ~ sane now and
was fully competent at the time she was
wed and during the four years prior to her
marriage when Hart was counting her.
Harris contention is that ne was de-
irauded into marrying an insane woman
by her foster relatives who wanted To
ria themselves Of the obligation Of sup
porting her.
Justice Blanchard said in his opinion
that Mrs Hart has made out a sufficient
case emitting her TO have the decree
against her set aside so that her wit
nesses may appear in court in her defence.
Russell LORD Tarbox, attorney for Mrs
Hart. said that the suit against her was
begun In 1908 when she was a patient in
the Bloomingdale asylum. Hart had
abandoned his wife I'm 1907. year after
the marriage, the lawyer said. and she
had sued for separation. Because of
the mental condition OF Mrs Hart AT the
time, her attorney said he was unable to
prepare defence to the annulment suit.
and when Hart made an agreement 10
pay his wife sig a week alinony for tho
rest OF her life, no matter what the out.
come OF the annulment suit. he believed IL
ior the best Interest Of Mrs. Hart not TO
oppose the annulment suit, and the d cree
was granted by default.
Was Committed TO BIoominrdaJe.
Mr.. Tarbox said that he saw Mrs. Hart
frequently from the time of her maria o a
m 1896 until 1908, and never suspected
thai her reason was impaired until April
1908, when he learned that she had sud
denly gone insane through worry over the
actions of her husband and had been sent
10 the Bellevue psychopathlc ward. She
Was then committed to Bloomingdale on
the petition of her husband.
Mr. TarboX sad that one reason he
didn't defend the annulment suit was that
the physicians told him that no matter
what her mental condition Mrs. Hart
could not live much longer because she
was extremely frail and unhappy and
didnt want 10 live. After about two
wears Hart quit paying alimony and suit
was brought against him for the amount
then due. His defence was that the an
nulment decree automatically ended his
wife's claim TO alimony irrespective OF any
agreement he made. but the courts en-
forced the agreement and directed him to
pay. Hart then filed a petition In bank
ruptcy and listed the Judgment against
his wife as one OF his debts. He has not
yet received his discharge IN bankruptcy
Now Sane. Says Lawyer.
NJ Tarbox said that Mrs. Hart was
discharged from Bloomingdale as fully
recovered on August 1 last, but he made
no effort to set aside the annulment de-
cree at an earlier date because he didn't
want her 20 be troubled about the suit
until she had fully recovered
In an affidavit by Mrs. Hart she said
IA rA4lizaa that Snp has hpen insane
since she has been in Bloomingdale and
that her first feeling that her mental
powers were affected was In 1908. 81
recall perfectly my marriage In 1906,
said Mrs. Hart, "and believe l was in full
possession of my faculties. During my
marriage | was treated by my husband
with great brutality in variety of ways
In my opinion my worry over this treat
ment was the cause Of my insanity.
now desire to establish for my own SAKE
and for the sake of my child that / wal
not insane when l was married and an
not insane now"
Carrie :. Mahr. foster sister of Mrs
Hart, said that she showed no trace OF
insanity until 1908, and DIR. Clarence
Howard and DR. Bernard Sachs alten.sts
said that they find her mental condition
now to be normal and that there Is nothing
In the history of Mrs Harris case to STOW
that her insanity began Defore l3Vo, tW'
years after her marriage.
Before my marriage the defendant tol'
INV mother that she was the daughter o
a lord who had married dancer SAT-
Hart, "but as matter OF fact she wa
cent to the Elizabeth Home for Girls un
DER the name of Maggie Woman. an'
there was no trace OF her birth or parent
age She was adopted by Mrs. Sterling
mother Of Carrie and Julius ID. Mahr.
II realized IN 1907 that my wife ha'
been Insane all the time that knew her
Hithin an hour and a half OF the mar
slaEe ceremony she asked me what II al
meant aud Why she cou' dn't go back 4
her own home. | paid the alimony agrees
upou until | realized that lad been de
Cgauded by her foster relatives into
Wa. Iluga win a lunatc."
Says She's Daughter of q Lord.
Hart said that his wife was sent t
,ha Bellevue psychopathic ward by he
t,ster sister one night for threatening L
lHll her mother and that In the hospita
she Insisted that she was the daughter o
a lord