New-York tribune., 1921-03-15
Boudoir Scene
Described at
Stokes Trial
Woman Says She Saw Wife
i'll Apartment Of Another
Man, and Heard Him Say.
''Pull Down the Shade"
Californian Is Named
Counsel Clash Sharply
over Admissibility of
the Latest Correspondent

Much Of the time yesterday At tho
continued trial in the Supreme Court
OF the divorce suit of W. Z. d. Stokes
against Mrs. Helen Elwood Stokes was
taken up BY acrimonious discussion be-
tween Francis L. Wcllman and Herbert
Z. Smyth, attorneys for Mr.. Stokes.
and Martin w. Littleton, counsel for
Mrs. Stokes, over the admissibility of
evidence concerning the alleged rela-
tons between the defendant and Edgar
1. Wallace. wealthy oil man of San
francisco, who is now married.
Mr.. Wallace was named hv M
Stokes in a new divorce action which
ne filed last week while the present
case already was under way. Previously
justice Ford had denied the motion of
the millionaire plaintiff for permission
TO amend his complaint so that Mr.
allace could be added as correspond
ent IN the suit now being tried.
Court Promises Protection
When counsel for Mr.. Stokes sought
10 inject the name of the California oil
man into the current trial the step
brought forth strong objections from
Mr.. Littleton for Mrs. Stokes. who At
one point lntimated that if the evi-
dence with regard to Mr.. Wallace was
now taken he would ask permission
from Justice Finch to withdraw from
the case.
Mr.. Smyth told the court tnat h
client was willing that there should be
an additional allowance to the de-
fendant for expense to which she might
be put by reason OF the Wallace matter.
ms IS not matter of money said
Mr.. Littleton. You pay everybody"
Mr.. Welman said that if the testi
nony involving Mr. Wallace were not
admltted then the plaintiff was about
through with his testimony except that
to be introduced upon rebuttal. Justice
Pinch said the linking of the names Of
Mrs. Stokes and Mr.. Wallace might
have bearing on the custody of the
Two Stokes children, now in Denver
under the custody of Mrs Stokes.
u, Mr.: Littleton," said Justice Finch
u desire to protect you and your eli
Ont as 70 al matters involved and will
permit YOU not only to offer evidence
later on after such adjournment as
j. ou may need. but also to cross-exam-
Inc the plaintiffs witnesses at a later
date"
Mr.. Littleton replied: "Your Honor
can no more protect us against the
prolific and vicious and malicious
suits this plaintiff NAV bring than pro-
tect US against the atmos osphere" ="
Difference Adjusted
The proposed adjournment was not
taken. Mr.. Smyth said he would with
draw the new suit mentioning Mr.. Wal
lace and use his evidence Concerning
the oil man in the present case, to
Il, L l
ter was temporarily adjusted when
Justice Finch announced he would per
nit the plaintiff to offer his proof on
the Wallace charges and would give
Mr. Littleton twenty days in which to
answer. The justice also gave the
counsel for Mrs. Stokes until a later
date to cross examine witnesses for Mr.
Stokes, beside cross-examining them
at this time.
1t was hnted last night. however,
that an effort will be made to halt the
trial so far as the Wallace charges are
on the ground that Mr..
Wallace was not in the present case.
1t was contended by Mr.. Smyth that the
oil man could be included among the
various other persons" mentioned in
the original suit besides those specih-
callv named.
Mrs Mabel Matteossan was present
ed by counsel for Mr.. Stokes as their
witness to give evidence in substantial
ton OF the allegations involving Mrs
Stokes with Mr.. Wallace. Her husband
is an architect with an Office at Bay
side. L. l. They formerly lived in
Denver, where Mrs. Matteossian first
saw Mrs. Stokes, and in May, 1914. the
witness and her husband lived at Is
East Thirty fifth Street. in which house
Mr. Wallace also had an apartment
The witness testified that she saw
Mrs. Stokes enter the apartment of Mr
" allace half dozen times The Mat
teossian apartment was just above that
Of Nj. Wallace. One warm evening in
May. 1914, the witness related, after
Mr.. Matteossan and his brother had
come home, she and her brother-in-law
went out on the roof of an extension
to the apartment. my brother-in-la law
and ! took seat on the roof coping"
said the witness.
How far did that leave you from the