New-York tribune., 1921-04-02
Bankers Lawyers Plan
STAY, Pending Appeal on
100000 Alimony and
s47.5OO Legal Fund
Reauvais Letters
Rejected by Court
Communications Between
Husband and Wife Con-
fidential. Morscllauser
Rules on Her Note

sypreme Court Justice Morschauscr
.varded Mrs Anne Urquhart Potter
stillman 100000 year temporary ali
monv. $4,000 for counsel fees and S12,-
zoo for legal expenses in decision
fled Yesterday in White Plains. The
award was on Mrs Stillmans' applica-
tion for $4,000 a year alimony and
$4,000 for counsel fees pending trial
OF he action instituted by James a.
S,illnan to divorce her and declare her
twenty eigh child, Guy,
ilegtimate.
The so-called rambling and pitiful'
letter written by Mrs. Stllmsn to her
husband, in which she is ~srd to have
tod o: the high regard in which she
held Fred Beauvais. the French Cana
dian guide whom Mr.. Stillman named
later as correspondent, was ruled out
unreservedly by Justice Morschauser.
1t was confidential communication be-
tween husband and wife. he said, and
was privileged.
The seven letters alleged to have
been written by Beauvais to Mrs. Still
man were declared by Justice Mors-
chauser to be inadmissible ION mo-
,ion of this kind and when unaccom-
panied by competent proof of authen-
ticity He made it plain, however, that
the seven letters. known as Exhibit B
to H, might be placed in evidence later.
There are numerous methods he
sad, by which these exhibits, B to II.
may be made competent ana proved.
ut not by the testimony of the plain
OR by MS affidavit, where objection
made thereto"
Stillman to Appeal
Mr.. Stillman's attorneys announced
s"4ir intention of appealing from the
s4cis.on, both as to the payments al
o" and as to the exclusion of the
ter written by Mrs. Stillman. They
regard the allowances granted as ex-
eessive. The appeal is to be filed with
the Appellate Division in BROOKLYN.
Mrs Stillman, who came from Lake
wood, n. j.. TO spend the day in New
YORK with her eldest son, James. ex
pressed herself as delighted with the
oeeislon. Messages OF congratulation
rom her friends streamed into Lake
WOOD as soon as the terms became
known. "'''e
IN hxing the sums Justice Mors-
chauser said he was Influenced by the
nature of the case, the social and
hnanclal conditions of the litigants and
o9y the fact that while the elder chill
o,eh might decide for themselves with
wIlch parent they should live, the
e,aoy, Guy, named co-defendant bv
VT otll!man, must be a charge upon
me case was one which promised
.ons and expensive litigation, said JUS
si.e Morschauser. taking occasion to
eemarK e.in that if Mr.. Stillman and Mrs.
sLsiiiman aL both succeeded in proving the
snarges they had made neither of them
~ a.. DC entitled to a divorce.
,,;a ,hese charges are established" i"
ssia justice Morschauser, plaintiff
sto snu oetendant will find themselves in
VI. same position as before the com
easement OF the action, except that
s"ey VIII have had their day in court
os: perhaps, several days as to matters
IIhee''hg .h Them, and this all means time,
'"Dof and expenditure of money"
May Tie Up Alimony
..l n decision on the appeal to be
,aAen by Mr.. Stillman's ATTORNEYS is de-
sssyeo Mrs. Stillman may have difficulty
,pi ,Df lhe period of its delay in collecting
.n .he money allowed her, it was said Az
..ough -. tne decision becomes operative
AZ once, Mr.. Stillman's ATTORNEYS are
t.sSpected to apply for stay in making
.;n. n. appeal, which would hold up Jus
s;', .'es Morschauser's decision until the
"'sner court had passed upon it.
III nf' otlilman has been making hi,
w.. Sae an allowance of $4,000 month,
ou. the installment for March has moi
yet been paid. 80 N'' ''"' ''''
oo.i.l nave check for $4,000 here in my
st;,St' sSeSHet' adj ready" said one of Mr.
dde.l,nan's den,in attorneys yesterday, but
w" .s Know whether the ATTORNEYS for
'"s vs o'her side would accept that"
tho mfs Stillman's attorneys asserted d
caa. na. most sr certainly they would not ac-
sept $4,000 a month, but said that an
""aannssneement might be made for the ac-
;np 'anoe sh OF payments on account pend
I've. .ne ruiIng of a higher court on
AsVce Morschauser's decision.
' 70 'ne admissability of the letter