The New York herald., 1921-07-29
HUSBAND MAY WIN 1T
Sailor Bodyguard of Plain
tiff and Nightgown Dis
plays Figure in Case.
RECALLS A KIDNAPPING
Court to Decide To-day Who
Shall Have Custody Of
Son Of Couple.

The separation action started by
hary Casey Thorne, whose prize win
ming beauty won for her the title OF
the Belle of Third Avenue" when she
was a student at Barnard College,
turned out yesterday to be a BOOM
erang. Far from winning it and the
custody CT her seven-year-o son, his
custody and a divorce may be granted
to the defendant, Joel Wolfe Thorne,
banker and wealthy scion Of an I'D
New York and Philadelphia family. A
been made to Supreme Court Justice
Lydon by David r. DAILY, referee, who
considered the evidence in the separa-
ton action, and a motion to approve
the referees findings will be made be-
fore the court by Mr.. Thorne's at
torneys on Monday.
Though Mrs. Thorne and Raymond
B. Wilson, formerly seaman in the
navy, and later her ''bodyguard." who
was accused as correspondent in the
counterclaim of Mr.. Thorne, both de-
MED the charges of misconduct, the
referee reports there was abundant
opportunity for wrongdoing and the
evidence showed disposition inclined
in that direction"
The Thornes were married secretly at
the Plaza Hotel November 1, 1911 They
lived at East Seventy-sixth street un-
TIL October Is, 1917, when they sepa-
rated. Mrs Thorne remaining with their
child at that address, but later moving
to West Sixty-seventh street She
started her separation action in 1919,
under which her husband has been pay
Ing $3.50 month alimony.
Circumstances Conviucfng.
The truth In this case is not only cir
cumstantial but OF a direct nature" the
referee reports, land the first. standing
alone, comprises a combination of events
Of such a circumstantial and reliable
character as TO exclude any other hy-
pothesis than that the plaintiff is guilty
as charged and the defendant entitled to
succeed.
The record is clear as to the plain
tiff's indiscretion in picking UP an ac-
Quaintance with Wilson, on August ],
1918. He was dressed in the uniform of
a sailor and while she was out for a
walk he stopped her to ask her where to
post letter. She thereupon. on learn
ing he was a stranger in the city. in
vited him into her home. where he re-
mained about an hour while she played
via T.
Burns. a servant, some time later the
plaintiff in speaking to Clara used such
expressions as these: I have my Ray
UP stairs and I want you to be good to
him. This Is my precious Ray and
] want you to be very good to him.
want you to give him some good eats
Then. turning TO Wilson. She is a damn
fine cook. Ray, and you will get come
good eats
During period OF three weeks. the
same witness testified. she heard Wilson
talking in the plaintiffs bedroom be-
tween 10 and IL p. NJ. and for about
three weeks before Christmas, 1918. the
correspondent remained at the home of
the plaintiff every night. Once the plain
tiff called down the dumbwaiter to the
witness for some lemonade. and when she
brought IL up stairs she found Wilson
In the plaintiffs bedroom. undressed.
The plaintiff said the correspondent was
sick and she was going to nurse him."
Elise Ryser, another servant, testified
that between May % and November L.
1919, she saw Wilson and the plaintiff
kiss each other and that sometimes
Wilson took Mrs Thorne on his lap.
The referee reported these and other
witnesses told of loose and lascivious
acts" such as being constantly In
negligee dress.
Two wardrobes, One Closet.
The plaintiffs usual costume about
the house. IL was testified. was a sheer
nightgown. even in the correspondent
presence. After Mrs. Thorne moved TO
the Hotel de Artistes. the TESTIMONY
showed, Wilson's clothes were kept In
her closet
The referee quoted from an old de-
cision that married women should not
only avoid evil but the appearance of
It," and that they should not complain
if their acts are interpreted to their dis
advantage"
John G. Dyer, former judge and coun-
eel for Mrs. Thorne, called attention TO
the fact that back stairs gossip IL cont
pieteIy and consistently denied by the
plaintiff and the correspondent" He
said to call the beginning OF their
acquaintance as 'indiscreet" was mis-
leading. as 1t was wartime and patriotl.
women we're doing what they could to
entertain and help men I'm uniform. lie
asserted that after this chance meeting
Wilson and Mrs. Thorne did not sec
each other again until after her baby
was kidnapped and the sailor offered
sympathy. She told him her troubles.
her counsel said. whereupon he entered
ser employ as an efficient and respect
fur bodyguard.
Among Mrs Thorne's troubles was
an Incarceration In Bellevue psyche
pathic ward for treatment for "ner-
vousness." She sued DR.. Seth @. MILL
ken for 100000, alleging participation
IN plot 70 send her to Bellevue. but q
Jury decided against her. She alleged
ri the time her son was kidnapped that
Mr.. Thorne's mother was responsible.
and obtained n habeas corpus writ TO
regain his custody. The boy. however.
was kept out OF the courts jurisdiction
and Is now In Denver. Col.
Mrs. CLEGHORN GETS DIVORCE
Supreme Court Justice Cohslan signed