The Birmingham age-herald., 1921-04-02
S7,5OO MONTHLY IS. AL|MONy GRANTED
 ID MRS. ST|LLMAN
Is Also Allowed $35,OOO as Counsel Fees and S12,500 for Expenses By Justice
 MorSchauSer
By Associated Press

Dy &sSOclateu fFesb
 Poughkeepsie N Y, April 1-Tempo- 1ary alimony of s75b0 a month, counsel fees of ss5.ooO, and sl2,5c0 for expenses, were fixed today for Mrs. Anne II. Still man by Supreme Justice Joseph Nor schauser in the suit for divorce instituted against her by James A. Stillman, pres ident of the National City Bank of New York
 Mrs, Stilman had asked alimony of $1O,000 month and s75000 counsel fees Justice Morschauser made public his de' cjsion after he had transmitted It to the court clerk at White Plains, along with affidavits and pleadings in the case.
 In his decision Justice Morschauser ruled out of the divorce suit as confi- dential and privileged the alleged con fession" letter, written to MT. Stillman by his wife. He also ruled out letters alleged 10 nave been written to Mrs Stiilman by Fred lseauvais, an Indian guide who was named in the bankers as correspondent and accused ot beng the father of Mrs. Stillman's infant son, Guy.
 The decision set forth that Mrs. still man had pleaded recriminations in her answer to the bankers complaint and that both husband and wife made charges founded upon an allegation of adultery"
 "A husband or wife, is not competent to testify against the other on such al- legations the decision said. The jus tice decided that the affidavits to which the letters >were appended contained matters that MT. Stillman could not tes- tify to. and it was upon this ground that the communications were barred
 MAY BE OFFERED LATER
 Justice Morschauser pointed out that his inhibition against admitting the all legged messages from Beauvais to Mrs Stillman applied only to the motion un- der consideration and that they might be offered again in connection with later motions.
 Referring to the alleged letter written to Mrs Stillman by his wife, to the admission of which her attorneys oh- jected and which itlywas charged by counsel for the banker she wrote fin & moment of hystera,. implicat ting herself, ' the decision said:
 Communications and transactions be tween husband and wife. were early rec ognized as privileged and neither could be compelled to disclose what took place between them and neither was com petent witness to testify as to such transactions or communications of con- fidential nature, or induced by the mar ita relation.
 ssFrom experience t was found that far less evil would result from the exclusion of such testimony than from it's admis- sion. It may in individual cases work hardships, but sthe destruction of confi- derce between husband and wife would cause much misery and affect the mar r.age relation This rule is founded upon sound public policy
 Referring to Mrs. Stillman's charge that her financier husband is the fath- CT of a S0-month-old son, born to Mrs. Florence H Leeds, former Musical Review Girl, the decision said
 ANSWER AMETDED
 sThe defendant has amended her answer and charges acts and conduct rpon the plaintiff of similar character as charged by him against her and such acts are supported by affidavits of diff ferent persons.
 She does not seek divorce bu; pleads recrimination against the de- fendant as a defense. If the acts and conduct as charged against each other are sustained, neither will be entitled to a decree.
 If these charges are established the plaintiff and defendant will find them selves in the same position as before the commencement of the acton ex- cept that they will have had their day in court, or perhaps several days, as to matters affecting them, and this means time, labor and expenditure of money"
 The decision said, "It was debatable question whether the letters alleged to have been written to Mrs. Stiliman by the Indian guide. enc, of her hus- bands servants, should be received 1 upon the plaintiffs affidavits, unac companied by other affidavits."
 Guy Stillman, the infant whose le- gitimacy was attacked by MT Stillma n and who was named co-defendant with his mother will bear stain that can not be erased and for which he is not responsible if the husband is rnccess full in his suit" said the decision.
 The plaintiff seeks to do that whica he believes is his duty to himself and his children" it continued. The plain tin having challenged the paternity of the child. the defendant comes to it's protection and to the defense of its legitimacy. That Is her duty and she is right in her claim. She vigorously champions the childs cause and this is expected from any mother.
 The interests of the defendant and of the infant in this case are to a great extent the same"
 The three Stillman children, other tf an the infant, whose paternity Is at tackled "are of sufficient age to de- termine with whom they desire to re- side during the pendency of the ac- l.