The Providence news. (Providence [R.I.]) 1891-1906, 1904-12-02
ST|LLMAN'S
PETITIONS
DENIED

James W. Stillman did not succeed very
well in three matters he had before the
appellate division Of the supreme court
today. Mr.. Stllman Is a member OF the
Massachusetts, bar, though for some time
he has been residing I'm this city. He
was interested in the will OF Harriet Utter
and engaged Charles F. German as his
counsel I'm the contest over Mrs. Utter's
last testament
Mr.. German arranged matters so that
Mr. StllmaN finally won in the will con-
trQversy. Mr.. Stillman aud Mr.. German
could not agree as 10 the amount OF fees
TO be charged and Mr.. German brought
a bill I'm equity to enjoin the executor of
Harriet Utter from paying certain moneys
to Mr.. stillman.
Some time ago Mr. stillman filed three
motions that he claims were set down
for hearing today. The first was 10 dis
miss the bill in equity. the second 10
vacate an interlocutory decree entered in
the case and the other sought the dis
barment OF Mr.. German.
Chief Justice Tillinghast and Justices
Douglas and Dubois sat in the appellate
first two motions were 10 vacate the de-
cree and were tirst called up by Mr.. Still
man. In some remarks made in supp,vS
or the motions Mr.. Stillman used the
word fraud several times.
QUESTIONED BY COURT.
Chief Justice Tillinghast asked Mr..
Stillman II he claimed there was fraud in
the entering OF the decree and II so what
evidence he had 10 support the claim.
Mr. Stillman declared he had none 10
offer the court. but would like n week
to get II. He said he did not anticipate
being called on 10 produce evidence
Chief Justice Tillnghast desired to
know IL Mr.. Stillman thought the court
would set aside decree on the ground
OF fraud without evidence.
Mr.. Stillman thought the court would
take judicial cognizance OF testimony be-
| fore the courts
Chief Justice Tilinghast said the court
could not take judicial cognizance OF
| fraud until there was some proof offered
Mr.. Stlllman expressed surprise, but
finally admitted the testimony referred TO
was in the stenographer's notes and had
said IL would be impossible then TO con-
slider this testimony.
HAD NO AFFIDAvITs.
had any affidavits in support OF his
charge OF fraud.
Mr.. Stillman replied that he had not,
but he could get them
Judge Douglas was not satisfied with
the answer given and thought Mr. Still
man should have them at the time he was
addressing the court.
The motion 10 set aside the decree was
continued at Mr.. Stillman's request one
M xtytlH ha,
reply and the case will come up three
weeks from today
Mr.. Stillman said he had another mo-
ton before the court
Chief Justice Tillinghast said there is
no other motion Of yours here Mr. Still
man" The latter said he had a motion
assigned last Saturday for hearing to-
day.
The chief Justice again declared there
was no other motion on the docket In
which Mr. Stillman appeared
Mr.. Stillman answered. II refer to a mo-
ton for the dlsbarment OF Charles e.
German"
Chief Justice Tillinghast-I know moth
Ing OF such a motion. / assigned no such
motion
Mr. Stillman asserted he asked Judge
Dubois on Saturday last to set down the
motion and requested that II be set down
for hearing at once
The chief justice ruled that the court
could not assign motion not before Il,
and that anyway the matter did not be-
long there as II was one that should be
carried to the committee on grievances.
Said the chief justice. "If you have a
complaint against a brother lawyer YOU
should refer II to the grievance commit
tee appointed by this court
Mr.. Stillman replied IL that was the rule
he would do So When the chief Justice
had again told Mr.. Stilman Il certainly
was the rule Mr.. Stillman asked for the
appointment OF new committee on
grievances.
The chief Justice then remarked. IT
do not consent To the appointment Of a
new committee the present committee
is n good one"
Mr.. Stillman began. well. one Of the
committee" but he got no farther, the
chief Justice saying. Mr. Stilman. you
must take the case before the commit
tee"
Mr.. Stillman then gave up the fight
and the court passed to the considera-
ton OF the next case