The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-23
REFEREE IN DIVORCE.
CLEARS MISS WARD.
Actress Not Guilty in Mrs.
Deans Suit-Husband
Wins His Case.
FOY SHARPLY CENSlRED

The contents o. the referees report
finding Eddie foy, the comedian, guilty
of misconduct with Mrs. Sarah Jennie
Gertrude y. Dean, Wiz OF John w
Dean, and d.sm.ss.ug the complaint In
Mrs. Deans divorce suit. In which she
named Fannie Ward. Vhe actress, be-
came known 'u TIE O. yesterday after
4 copy OF the report had been delivered
To- Mss ward, who has just arrived At
the Hotel Ciaridge from California.
The report discloscs the nature of tho
testimony. which has been sealed and
will not become public. and which shows
that the relations between the comedian
and Mrs. Dean, a. revealed 10y the evil
deuce, are the subject Of sharp comments
by the referee. saul j. DlckhclScr who
was appointed TO hear thu cas-" By SUI
preme Court Justice Cohalau.
Concerning the testimony against Miss
Ward. correspondent in Mrs, Deans case,
and Dean, who is her leading man. the
referee says hat while playing tog tner
IN the city the couple would invariably
stay At the Hotel Clarldge and We're
assigned - separate rooms. In Novem-
Der and December last, the period cov-
cred by the evidence against them, they
rad adjoining rooms ON the eighth iioor
OF tho Claridgc, but the connecting door
Was never opened and Miss Wards
trunks we're piled against the door. The
referee says the actress and her leading
man never asked for connecting rooms
and that the hotel is respectable aud
added
While PROBABLY the ordinary con-
rentions in everyday social life viii en-
cludc a gentleman from a .ady's salon
In Il hotel alone ut midnight. a certain
amount OF 'ldisSeZ fairc' would be al
lowed the followers OF the thespian art.
Where two constructions may reason
ably hc made from proved facts or cir
cuustances, one tending TO show guilty
conduct and the other innocent though
HdlsCreet conduct, justice requires that
ia" innocent construction should be
adopted"
Referee D,ckheiser says that since
the evidence fails 10 show a desire on
the part of Miss Ward and Dean to COM
NIT the acts of which they were charged.
Mrs. Deans case 'ueCrssarily Collapscs.'
As to the countercharge involving Mrs.
Dean and Eddie Foy, the referee says
the direct evidence is supplied by Mrs.
Everett, a Mr., freeman and by a Mrs.
Abel, "all of whom appeared to have
enjoyed the friendship of the plainif.'
The referee said
Their testimony, II accepted. e.
tablisleS beyond peradventure the cN-
istcnce of imnoral relationship between
he plaintiff and the correspondent named.
leaving not Il Vestlge of doubt that the
plaintiff has Completl, abandoned al
notions of marital fidelity. The plant. =.
an actress, and toy. AN actor, have
play ed together in the same theatrical
companies, drawing their separate pay,
Sd" Il salary ranging from S3j to Sij a
week without maintenance except rail-
road fare. While thus employed, ,hcy
travelled throughout the States, stopped
AT the same hotels, dining together IN
public restaurants, and being otherwise
frequently in each others company.
There was also proof that while Fpy MS
= star was playing in Up and Down
broadway the plaintiff. although she
travelled with the company and occupied
Il stateroom on the trains, was not "A
melnh"r Of the company"
Herman l., Roth. counsel for Mrs,
Dean, said yesterday that he will at
tempt to have the case reopened for the
hearing Of additional evidence IN behalf
OF Mrs. Dean.