Fol. 1.

At a Special Term of the Supreme
Court, held in and for the County of
Westchester, at the County Court-House,
in the Village of White Plains, on the
day of June, 1912.

PRESENT:

HON. JOSEPH MORSCHAUSER,

Justice.

KATHLEEN O'NEILL, :

Plaintiff, :

-against- :

INTERLOCUTORY JUDGMENT

EUGENE G. O'NEILL, :

Defendant. :

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" 2. This cause having been duly commenced by the personal service of the summons and complaint herein on the defendant within the State of New York, and the defendant not having appeared, answered, or demurred herein and having defaulted thereof; and the plaintiff having appeared by Messrs. Van Schaick & Brice, her attorneys, Wilson B. Brice, of counsel, and having produced her proof in support of the allegations of the complaint; and the Court having duly made and filed his decision herein wherein and whereby he finds that the allegations of the complaint have been established and that the plaintiff is entitled to judgment of divorce herein; and it appearing satisfactorily to the Court that the defendant herein has been guilty of adultery as charged in the complaint;

" 3. Now, on reading and filing the summons, complaint, testimony, affidavits of service, and affidavit of regularity and the findings of fact and conclusions of law by the Court herein, and after hearing Wilson B. Brice, of Counsel for plaintiff, and no one appearing in opposition

" 4. thereto, it is, on motion of Van Schaick & Brice, attorneys for plaintiff,

ORDERED, ADJUDGED AND DECREED that the plaintiff is entitled to judgment to be entered as hereinafter provided; that the marriage heretofore solemnized between the plaintiff Kathleen O'Neill and the defendant Eugene G. O'Neill at Jersey City, in the State of New Jersey, on the 26th day of July, 1909, be dissolved by reason of said defendant's adultery and that the said parties and each of them be freed from the obligations thereof and that the plaintiff have the sole care, custody and possession of their child Eugene G. O'Neill, the issue of their said marriage, and further

" 5. providing that at the expiration of three months after filing of this interlocutory judgment a final judgment may be entered, unless otherwise ordered by the Court.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said final judgment shall not be entered in this action until the expiration of three months after the filing of the decision and this decree and that after the expiration of said period of three months final judgment shall be entered upon said decision, and this decree, unless otherwise ordered by the Court, shall be final.

AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this judgment shall be interlocutory only.

Enter.

" 4.

3. That the defendant committed adultery with a woman whose name is unknown, at No. 140 West 45th Street, in the Borough of Manhattan, City, County and State of New York, on the 29th day of December, 1911.

4. That such adulteries were committed without the consent, connivance, privity or procurement of plaintiff.

5. That five years have not elapsed since the discovery by plaintiff of the commission of said adulteries and plaintiff has not voluntarily cohabited with defendant since the commission of said offenses and the discovery thereof by her, nor has she forgiven the same.

" 5.

6. That there is an issue of said marriage, to wit: one boy about the age of two years, named Eugene G. O'Neill.

7. That no decree of divorce has been obtained by defendant against the plaintiff in any of the courts of any of the states or territories of the United States, nor is any other action for divorce pending.

8. That the summons and a copy of the complaint herein were duly served upon the defendant on the 20th day of January, 1912, in the Borough of Manhattan, City, County and State of New York, by delivering said summons and said copy of said complaint to the defendant personally and leaving the same with him; and that the summons so served had written upon the face thereof the following words: "Action for absolute divorce on the ground of adultery".

" 6.

9. That the time for the defendant to appear, answer, or demur herein expired on the 9th day of February, 1912, and he has not appeared, answered or demurred.

-2-

CONCLUSIONS OF LAW.

1. That plaintiff is entitled to a decree of absolute divorce against the defendant and to the sole custody of their child Eugene G. O'Neill.

2. And I do direct that an interlocutory judgment be entered providing that the marriage heretofore solemnized between the said plaintiff Kathleen O'Neill and the defendant Eugene G. O'Neill, as set forth in the complaint herein, be dissolved by reason of said defendant's adultery and that the parties and each of them be freed from the obligations thereof; and further providing that the plaintiff shall have

" 8. sole custody and possession of said child Eugene G. O'Neill; and further providing that after the expiration of three months from the filing of said interlocutory decree final judgment may be entered herein.