The New York herald., 1921-03-24

clerk. and that is the evidence or SIX
witnesses who testified before Mr.
Gleason, as the referee. and ] say tnat
the evidence before you shows that the
lady whom Mr.. Stillman married ana
who Is the mother of his three chill
dren. took as a lover an Indian guide,
by whom she had an infant. which Mr.
Stillman must either acknowledge as
member OF his family or must re-
pudiate as illegitimate.
The infant is the party defendant
Now 1t appears the evidence before you
also shows that this criminal intimasy
began as early as 1916 and continued
after the infant was born and through
1913. and Mr.. Stllman therefore feels II
to be his duty TO his fathers memory
and to his family and to his children to
press that matter to a conclusion
Had 1t been possible to have ascer-
tanned the illegitimacy OF the child In
any form OF proceeding. he would have
welcomed that course. But under our
code. unders our procedure. there Is no
other way of determining the illegid-
macy OF the child except by bringing
suit which he has brought making the
wife and child. the parties defendant
Says Banker Wants 10 Be Fair.
IT don't know what must be the feel
ings of husband and a father whose
mind is poisoned with the suspicion that
his wife and the mother OF his children
has yielded to the embraces OF his In
dian guide, but I can well understand
his refusal TO credit such an Incredible
thing for a long time. And even after
his wife in a moment of hysteria made
that implication herself by confesstng
hnr ~ n o.
made by the plaintiff against the de-
fendant. The defendant comes into
court and makes charges against the
plaintiff as q matter OF defence In his
suit for divorce"
After stating that ~Sfr. StfllInan has
no desire 10 be any thing but fair and
generous In the matter OF temporary
alimony and counsel fees" Mr.. Nicoll
continued:
''The largest sum ever granted by any
court In this State was the sum which
was granted In the Gould case whore
had the honor OF representing Mr.. Gould
There Mrs. Gould asked for exactly the
sum which is asked here, $4,000 a
year The Judge allowed her $4,000
and $1,000 counsel fees. That I say, Is
the largest sum that any court in this
State has ever granted
And / assume that your honor. X
governed by the precedent, would con-
fine yourself to that sum On the other
hand your honor may say. Well. Mr..
Nicoll, you have given the defendant
$4,000 year and in the Gould case
Judge Bishop pointed out that you have
been giving Mrs. Gould $4,000 a year
In d certain sense you fix the amount
which she should have"
Mr.. Mack. who had grown resttve
when Mr. Nicoil had spoken OF the boy
Guy, took hand In the proceedings.
MAY I say a word7" he asked. Jus
lice Morschauser nodded and Mr.. Mack
continued. II am not Interested in what
you allow as counsel fees or alimony
here. AS far as I am concerned It does
not make any difference TO ne whether
you allow any or not, except as the boy
may derive support from his mother
But do want TO correct one statement
that Mr. N.coll made. He was not pres
snt at the hearing and I believe he
was rnisinforned. The evidence given
before the referee up to the present time
does not show that any other person but
James a. Stillman IS the father OF this
infant. The only evidence offered by the
plaintiff was ruled on thy the referee.
The documentary evidence rs not ac-
cepted as yet and I want 70 say that
TIE only evidence offered now az evi-
dence. that was competent as either
against the child or against tho wife. is
in the form of confidential connuni-
cation as regards the wife. and as TO
the child even the wife could not testify