The New York herald., 1921-06-28
REFEREE RULES FOR
BABY GUY STILLMAN
Osteopath's Testimony as to
Alleged Parentage Ad-
mission Stricken Out.
OTHER POINTS WON
One of Beauvais's Letters Is
Cut From Records on
Defence Plea.
GUIDE WILLING TO COME
Ready to Testify for Bankers
Wife-Mrs. Leeds Stopped
at Border, Is Report.
GUIDE WILLING TO COME

Almost all of the testimony affect
ing the paternity of baby Guy Still
man was ruled out by Daniel J. Glea-
son, referee. yesterday in the James
A. Stilman divorce suit, and as the
case now stands the child's name is
cleared of the former bankers sllega-
tions excepting for the testimony Of
Mrs. Percy A. Rockefeller and several
servants. from the Stillman home at
Pleasantville This testimony tends to
show that Stillman and Mrs. Stillman
were not living together during the
year previous to the birth of Guy.
The principal testimony stricken
from the record by Referee Gleason
was that of DR.. Hugh l.. Russell. who
testified at the hearing on May 4 that
Beauvais was the father of her unborn
Child. Referee Gleason also struck
out Exhibit B, one Of the alleged Beau
vais letters. Exhibit c, another letter
alleged to have passed between the In
dian guide and Mrs. Stillman. is re-
Iused ADMISSION as evidence until It's
authenticity is proved.
Referee Gleason excluded the testi-
mony OF Dr. Russell and the Beauvafs
letter on motions by John Z. Mack.
guardian for the boy. and John r. Bren-
nan, chief counsel for Mrs. Ss.llman. Mr..
Gleason made known his decision In a
letter sent to Mr.. Mack and Mr.. Bren-
nan. and to Cornelius j. Sullivan, at
g.. l.. 1~ks R~1
lows:
Russell Testimony Out.
THE motion to strike out the testi-
mony Of Dr. Russell is granted.
1.-THE motion to strike out the temper.
Exhibit 12 (this is the Beauvais letter
known as Exhibit b is granted upon
present proof.
Exhibit 13. A and envelope and
letter fthis is Exhibit C') were re-
ceived subject to a motion to strike out
This Is held for further proof from
plaintiff before passing on motion.
"The objections to the testimony taken
as against the infant. Guy Stillman. so
far as IL relates to non-access and
plaintiffs conduct and actions toward
the infant, are overruled. but as to any
declarations of plaintiff. co-defendant
and Beauvais are sustained.
Il am sending you the foregoing
that you may govern yourself accord
ingly"
The testimony OF Dr. Russell had been
considered the most DANA ging thus far
presented against Baby Guy. a motion
10 strike this out was made last week.
when the osteopath admitted on cross
examination that he had been attending
Mr. and Mrs. Stillman and their child for
n long time which placed him In the
family doctor class. In his previous
sworn statement DR.. Russell had drawn
u delicate line of demarcation between
what he thought was and was not priv
iieged in his conversation with Mrs. Still
man n Buffalo In March. 1918.
Exhibit Il" was ruled out because
Mary Kelly, a former maid at Pleasant
Vile. denied ever having shown 1t to
Bernard Kelly, one time superintend ent
of the estate, as the latter. had testified.
This letter was under date OF May
20. 1919. and Kelly swore 1t was shown
10 him by Miss Kelly. whom he accused
OF stealing 1t from a bureau In Mrs
Stillman's bedroom In March OF that
year.
II was upon the Identification Of Miss
Kelly that Exhibit c." letter under
date Of February II. 1919, was ad-
mltted tentatively. Mr.. Gleason In
his decision does not rule out this
letlcf Uut uOhaS biidN ~ NehAihOs ~
admitted as evidence until II has been
identified more fully.
Mrs. Leeds stopped on Border.
Mr.. Mack protested against admis-
sion Of the testimony Of Mrs. Rocke-
feller. Della Rock. Thomas Lacey and
Miss Kelly. the latter three former SER
wants of the StIllmans. which tended
10 show Mr.. Stillman did not live at
Pleasantville between January 1 and
April 1, 1918. Referee Gleason over
ruled the objections to the effort to
show non-access. but sustains Mr..
Mack In his opposition to statements
attributed to Mr.. stillman. his wife
and Beauvais which have a bearing
on the parentage OF the youngster
Charles ]. Wallace of counsel for Mrs.
Stillman returned yesterday from Mon
treal. where he talked to Beauvais. He
said that the guide Is prepared to come
TO New York TO testify II II Is necessary.
Resuvais. he said. was willing TO appear
anywhere 10 aid Mrs Stillman. but
il had not yet been decided whether his
evidence IL necessary TO her case. Mrs.
Stillman had conference yesterday
with Mr.. Brennan. who said that 1T
looks az though Mr.. Stillman's case has
fallen completely through The con-
ference was in Mrs. Stillman's apart
ment at s10 Fifth avenue.